Bid Notice-Crack Seal - Dawson_ Frontier_ Gosper Counties.pdf

Oct 20, 2026

Farnam to Smithfield Maintenance Crack Seal Project No. 70040M Contract ID 70040M

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NOTICE TO ALL BIDDERS

To report bid rigging activities, call: 1-800-424-9071

The U.S. Department of Transportation (DOT) operates the above toll-through Friday, 8:00 a.m. to 5:00 p.m. eastern time. Anyone with knowledge of possible bid activities.

construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially, and caller anonymity will be respected.

LETTING QUESTIONS

Prior to the letting, any questions pertaining to the Special Provisions or the Plans for this project should be submitted to NDOT in a written format through the Bid Express (BidX) website at https://www.bidx.com/ne/lettings. Likewise, NDOT will post answers exclusively to the BidX

Questions will not be answered verbally.

The NDOT answers posted in BidX are not a part of the contract documents, are provided for information only, and are subject to change. Only the contract documents, including any addenda thereto, should be relied upon by a potential bidder when submitting a bid.

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TABLE OF CONTENTS

DIVISION 100 GENERAL REQUIREMENTS

STATUS OF UTILITIES

STATUS OF RIGHT-OF-WAY

ENVIRONMENTAL COMMITMENTS

DIVISION 100 GENERAL REQUIREMENTS AND COVENANTS

DIVISION 200 EARTHWORK

DIVISION 400 LIGHTING, SIGNS, AND TRAFFIC CONTROL

DIVISION 500 BITUMINOUS PAVEMENT

TRAINING SPECIAL PROVISIONS

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SPECIAL PROVISIONS

FOR

STATE

PROJECT NO. 70040M

GENERAL CONDITIONS

(1-5-0826)

Bids for the work contemplated in this proposal form will be received at the office of the Nebraska Department of Transportation in Room 109 of the Central Office Building at 1500 Nebraska Parkway at Lincoln, Nebraska, until the date and time shown on page 1 of the Proposal.

a. Bids submitted by mail should be addressed to the Nebraska Department of Transportation, c/o Contract Lettings Section, P.O. Box 94759, Lincoln, NE 68509-4759.

b. Bids submitted electronically over the internet, shall be submitted using www.bidx.com.

Contractors contemplating submitting a bid for this contract must submit a request to bid via the https://dot.nebraska.gov/business-center/bid-request-planholder-registration/. An Authorization to Bid will only be issued to, and bids accepted from, Contractors who are prequalified for the Prequalification Class indicated on page 1 of the Proposal Form.

meeting platform immediately following the letting date and time indicated on page 1 of the Proposal. Access information for the online bid opening will be available on the BidX Letting webpage a minimum of 2 days prior to the opening, and can be found by selecting the applicable letting from: https://www.bidx.com/ne/lettings.

The 2017 Edition of the Standard Specifications for Highway Construction, including all amendments and additions thereto effective at the date of the contract, are made a part of these Special Provisions, through reference.

The proposal contains a statement that the contractor is complying with, and will continue to comply with, fair labor standards in the pursuit of his business and in the execution of the work contemplated in this proposal.

Fair labor standards shall be construed to mean such a scale of wages and conditions of employment as are paid and maintained by at least fifty percent of the contractors in the same business or field of endeavor as the contractor filing this proposal.

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STATUS OF UTILITIES

Project No.: 70040M Control No.: 70040M Location: Farnam to Smithfield

The following information is current as of October 9, 2026.

All utility work has been completed, or the necessary arrangements have been made for the required utility work to be undertaken and completed as required for proper coordination with the physical construction schedules. If any utility facilities are encountered and deemed to be in conflict during construction, the relocation work will be concurrent with construction.

The Contractor is directed to review Subsection 105.06 of the NDOT Standard Specifications for Highway Construction, 2017 Edition for additional information regarding cooperation with utilities. The Contractor should request a utility status update at the project pre-construction conference, and/or prior to start of work. Any utility adjustments or interruption of service for the convenience of the Contractor shall be the sole responsibility of the Contractor.

To arrange for utilities to locate and flag their underground facilities, contact Nebraska One Call at 1-800-331-5666 or dial 811.

The scope of the project is crack sealing and is expected to occur entirely on top of the surfaced roadway. No conflicts are anticipated for utility companies that may have facilities near the project location.

NDOT Owned Utilities Embedded sensors may exist on the project that may be impacted by the maintenance work.

NDOT Owned Utilities that are found to be in conflict during construction and are not previously required to be relocated as part of the contract, will be relocated by the contractor as extra work as detailed in Section 109.05 of the NDOT Standard Specifications for Highway Construction, 2017 Edition.

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STATUS OF RIGHT OF WAY

September 21, 2026

The right of way for Project Number 70040M, Control Number 70040M has been acquired and tracts listed below.

Unacquired Right-of-Way Tracts as follows:

Tract Number Status of Tract Date of Hearing

None None None

Right-of-Way Tracts with Pay Items:

Tract Number Pay Item

None None

No encroachments on the old right of way

Acquisition of right of way is not required for this project

NOTICE TO BIDDERS

(Environmental Commitments)

1. Below are the Conservation Conditions that will be required for this project. All conditions and regulations of any permit obtained for this project shall be followed by the contractor.

CONSERVATION MEASURE FOR ENVIRONMENTALLY SENSITIVE AREAS

1. The Contractor shall not stage, store, waste or stockpile materials and equipment in undisturbed locations, or in known/potential wetlands and/or known/potential streams that exhibit a clear Potential wetland areas consist of any area that is known to pond water, swampy areas or areas supporting known wetland vegetation or areas where there is a distinct difference in vegetation (at lower elevations) from the surrounding upland areas.

a. Regulated Wetlands and/or Water Resources for this project have been identified and delineated by NDOT. The above condition pertains to the areas within delineated wetland boundaries (Wetlands Do Not Disturb) and/or environmentally sensitive areas (Sensitive Area Do Not Disturb) as shown in the project plan aerial sheets and/or the erosion control plan sheets included in the plan set. If access to any of these areas is required to complete the project

- 7 -construction, the Engineer shall coordinate with the Technical Resources Unit to determine need for field verification and/or permitting requirements prior to disturbance of the area.

b. Attachment 1 includes the NDOT Wetland Fact Sheet and map(s) of potential wetlands and/or other potential regulated waters features. These features were identified from a desktop review of published resources. The above condition pertains to the areas as listed on Attachment 1. If access to any of these areas is required to complete the project construction, the Engineer shall coordinate with the Technical Resources Unit to determine need for field verification and/or permitting requirements prior to disturbance of the area.

GENERAL THREATENED AND ENDANGERED SPECIES CONSERVATION CONDITIONS

CONSERVATION CONDITIONS

1. The Contractor shall fully implement conservation conditions within the project limits as shown on the plans.

EARLY CONSTRUCTION STARTS

1. Contractor requests for early construction starts shall be coordinated by the Engineer with the NDOT Environmental Section for approval to ensure avoidance of listed species sensitive lifecycle timeframes. Early start requests may require consultation with the USFWS and NGPC. Agency coordination time will vary depending on species and project location.

T&E SPECIES

1. If federal or state listed species are observed during construction, Contractor shall contact the Engineer who will contact the NDOT Environmental Section to determine if additional species conservation conditions would be required prior to continuing project construction activities. Contact NDOT Environmental for a reference of federal and state listed species. Coordination with the USFWS and NGPC may be required depending on the species identified and construction activities.

REFUELING

1. The contractor shall conduct refueling outside of those sensitive areas identified on the plans, in the contract, and/or marked in the field.

RESTRICTED ACTIVITIES

1. The following project activities shall, to the extent possible, be restricted to between the beginning and ending points (stationing, reference posts, mile markers, and/or section-township-range references) of the project, within the right-of-way designated on the project plans: borrow sites, burn sites, construction debris waste disposal areas, concrete and asphalt plants, haul roads, stockpiling areas, staging areas, and material storage sites.

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2. For activities outside the project limits, the Contractor shall refer to the Nebraska Game and Parks Commission website to determine which species ranges occur within the off-site area. The Contractor shall plan accordingly for any species surveys that may be required to approve the use of a borrow site, or other off-site activities. The Contractor shall review the T&E Matrix agreement (on can be found, to estimate the level of effort and timing requirements for surveys.

3. Any project related activities that occur outside of the project limits must be environmentally cleared/permitted with the Nebraska Game and Parks Commission as well as any other appropriate agencies by the contractor and those clearances/permits submitted to the Engineer prior to the start of the above listed project activities. The Contractor shall submit information such as an aerial photo showing the proposed activity site, a soil survey map with the location of the site, a plan-sheet or drawing showing the location and dimensions of the activity site, a minimum of 4 different ground photos showing the existing conditions at the proposed activity site, depth to ground water and depth of pit, and the of the site. The Contractor shall receive notice of acceptance from NDOT environmental, prior to starting the above listed project activities. These project activities cannot adversely affect state and/or federally listed species or designated critical habitat.

WASTE/DEBRIS

1. The Contractor shall dispose of construction waste/debris in areas or a manner that will not adversely affect state and/or federally listed species and/or designated critical habitat.

POST CONSTRUCTION EROSION CONTROL

1. Erosion control activities carried out by NDOT Maintenance or others after construction is complete, but prior to project close-out, shall adhere to any standard conservation conditions for species designated for the project limits during construction.

PLATTE RIVER DEPLETIONS

1. To the maximum extent practical, efforts will be made to design the project and select borrow sites to prevent depletions to the Platte River. If there is any potential to create a depletion, NDOT (during design) and the Contractor (for borrow sites) shall follow the current Platte River depletion protocols for coordination, minimization, and mitigation. In general, the following are considered de minimis depletions but may still require agency coordination; a project which:

a. Creates an annual depletion less than 0.1 acre feet,

b. Creates a detention basin that detains water for less than 72 hours,

c. Diverted water that will be returned to its natural basin within 30 days,

d. Creates a one-time depletion of less than 10 acre feet.

AMERICAN BURYING BEETLE

1. For activities within the American Burying Beetle range, asphalt plants and staging areas frequently disturbed, such as, but not limited to, field entrances, crop fields, abandoned

- 9 -roadway, farmsteads, and roads. If this is not possible, the Contractor shall coordinate with NDOT Environmental with a site plan showing the desired staging/stockpile location(s), which will be sited in such a way as to avoid impacting protected species.

WHOOPING CRANE

1. Construction activities will not occur during Whooping Crane migration periods. (Spring migration: March 6 April 29; and fall migration: October 9 November 15).

OR

2. If construction activities occur during Whooping Crane migration periods (Spring migration: March 6 April 29; and fall migration: October 9 November 15), NDOT trained personnel, or a qualified biologist, will conduct surveys according to protocol at the following locations:

a. Project Alignment (prior to the start of daily construction activities)

3. If species are present, the Engineer will notify the Contractor to stop work within ½ mile of the Whooping Crane and follow the protocol to determine when work can resume (also not initiate work if species is found in the morning survey). Options for resuming work may include but are not limited to:

a. Construction activities are limited to the hours from 10:00 am to 4:00 pm (CST) during the migration period, unless morning survey indicates Whooping Cranes are not present.

b. If a Whooping Crane is observed during the survey within ½ mile of the project but departs the area (further than ½ mile from the project), then work can resume.

Document this departure according to protocol.

BALD AND GOLDEN EAGLE PROTECTION ACT

1. Suitable Bald Eagle nesting and/or roosting habitat exists within 0.5 miles of the

Environmental Study Area. If construction will begin between February 1 and April 15, a nest survey shall be completed at least 1 but not more than 14 days prior to construction. If construction will begin between April 15 and October 1, a nest survey completed in March is sufficient, as nests will likely already be constructed if nesting will occur that year. However, a nest survey may be completed anytime during this timeframe, as long as it is completed prior to construction. If Bald Eagles are nesting in the area, consultation with NGPC and USFWS shall occur prior to beginning construction activities. Eagle roosting surveys shall be conducted if construction occurs between October 1 and January 31.

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UNEXPECTED WASTE

1. If contaminated soils/groundwater or unexpected wastes are discovered, the Contractor shall stop all work within the immediate area. The Contractor shall secure the area of the discovery and notify the Engineer. The Contractor shall not reenter the discovery area until notified by the Engineer. At the time of discovery, the Engineer and Contractor shall utilize the NDOT Unexpected Waste Action Plan (UWAP) to coordinate appropriate actions. The Contractor is required by NDOT's Standard Specification Section 107 (legal relations and responsibilities to the public) to handle and dispose of regulated material in accordance with applicable laws.

STAGING AREA

1. The Contractor shall have a staging area for the project where material and equipment for the project is stored (e.g. re-steel, forms, etc.). The Contractor shall be required to dispose of material removed as part of the project described above and miscellaneous obstructions encountered and removed along the project. The disposal shall be the responsibility of the Contractor. A waste site may be needed. The Contractor shall be responsible to obtain all permits and clearances and all conditions of those permits shall be followed.

CONSTRUCTION STORMWATER

1. This project does not require a Construction Stormwater Permit or a Storm Water Pollution

Prevention Plan (SWPPP). Temporary water pollution prevention practices (including sediment and erosion control measures) are still required by Nebraska State Title 119. The Contractor shall exercise every reasonable precaution throughout the life of the contract to prevent sedimentation within rivers, streams, impoundments (lakes, reservoirs, etc.), the project site, and adjacent property.

Contract ID 70040M

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STATUS OF ENVIRONMENTAL COMMITMENTS

Control No. 70040M Project No. 70040M Project Name: Smithfield to Farnum

Reviewed and Approved by:

Christina Bavougian 402-479-3547 9/29/2026 Environmental Project Manager Phone No. Date

404 Permit Required Yes Reviewed and Approved

No

HH 09/29/2026

Initials Date

Comments: No 404-permit required.

Individual 401 Water Quality Certification Required Yes

No

State Title 117 Waters (COE Non-Jurisdictional) Yes

No

Floodplain Permit Required Yes

No

Historic Clearance Yes Tier II 09/22/2026 Reviewed and Approved

No

AMB 09/25/2026

Initials Date

Comments: No Historic Properties Affected

Threatened & Endangered Species Clearance

Required Yes

Final Biological Assessment Approved 09/24/2026

Reviewed and Approved

No HH 09/29/2026 Initials Date

Comments: May Affect, Not Likely to Adversely Affect: American burying Beetle, Northern Long Eared Bat

Environmental Clearance Yes NDOT or FHWA State Funds Only

Reviewed and Approved

N/A

CMB 9/25/2026

Initials Date

Hazardous Materials Exempt. Unexpected waste commitment in effect. Reviewed and Approved

TT 9/24/2026

Initials Date

NPDES/Stormwater

No Stormwater Permit Required Reviewed and Approved

CJ 9/25/2026

Initials Date

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ENVIRONMENTAL COMMITMENTS

Control No.: 70040M Project No.: 70040M

Project Name: Smithfield to Farnum

Below are the Conservation Conditions that will be required for this project. All conditions and regulations of any permit obtained for this project will be followed by the contractor.

(Responsible Party for the measure is found in parentheses)

Conservation Measure for Environmentally Sensitive Areas

The Contractor shall not stage, store, waste or stockpile materials and equipment in undisturbed locations, or in known/potential wetlands and/or known/potential streams that exhibit a clear rea that is known to pond water, swampy areas or areas supporting known wetland vegetation or areas where there is a distinct difference in vegetation (at lower elevations) from the surrounding upland areas.

(Contractor, NDOT District)

Attachment 1 includes the NDOT Fact Sheet. The above condition pertains to potential wetland/water resources described on Attachment 1. If access to any of these areas is required to complete the project construction, the NDOT construction project manager shall coordinate with the Technical Resources Unit to determine need for field verification and/or permitting requirements prior to disturbance of the area. (Contractor, District Construction)

Contact Person: Heidi Hillhouse, Ecologist, (402) 479-3091

General Threatened and Endangered Species Conservation Conditions

A-1 Changes in Project Scope. If there is a change in the project scope, the project limits, or environmental commitments, the Highway Project Manager shall coordinate with the NDOT Environmental Section to evaluate potential impacts prior to implementation.

Environmental commitments are not subject to change without prior written approval from the NDOT Environmental Section. (District Construction)

A-2 Conservation Conditions. Conservation conditions are to be fully implemented within the project limits as shown on the plans. (District Construction, Contractor)

A-3 Early Construction Starts. Contractor requests for early construction starts must be coordinated by the Project Construction Engineer with the NDOT Environmental Section for approval to ensure avoidance of listed species sensitive lifecycle timeframes. Early start requests may require consultation with the USFWS and NGPC. Agency coordination time will vary depending on species and project location. (District Construction, Contractor)

A-4 T&E Species. If federal or state listed species are observed during construction, the

Highway Project Manager will contact NDOT Environmental Section to determine if additional species conservation conditions would be required prior to continuing project construction activities. Contact NDOT Environmental for a reference of federal and state

- 13 -listed species. Coordination with the USFWS and NGPC may be required depending on the species identified and construction activities. (NDOT Environmental, District Construction, Contractor)

A-5 Refueling. Refueling will be conducted outside of those sensitive areas identified on the plans, in the contract, and/or marked in the field. (Contractor)

A-6 Restricted Activities. The following project activities shall, to the extent possible, be restricted to between the beginning and ending points (stationing, reference posts, mile markers, and/or section-township-range references) of the project, within the right-of-way designated on the project plans: borrow sites, burn sites, construction debris waste disposal areas, concrete and asphalt plants, haul roads, stockpiling areas, staging areas, and material storage sites.

For activities outside the project limits, the contractor should refer to the Nebraska Game and Parks Commission website to determine which species ranges occur within the off-site area. The contractor should plan accordingly for any species surveys that may be required to approve the use of a borrow site, or other off-site activities. The contractor protocols can be found, to estimate the level of effort and timing requirements for surveys.

Any project related activities that occur outside of the project limits must be environmentally cleared/permitted with the Nebraska Game and Parks Commission as well as any other appropriate agencies by the contractor and those clearances/permits submitted to the District Construction Project Manager prior to the start of the above listed project activities. The contractor shall submit information such as an aerial photo showing the proposed activity site, a soil survey map with the location of the site, a plan-sheet or drawing showing the location and dimensions of the activity site, a minimum of 4 different ground photos showing the existing conditions at the proposed activity site, The contractor must receive notice of acceptance from NDOT environmental, prior to starting the above-listed project activities. These project activities cannot adversely affect state and/or federally listed species or designated critical habitat. (NDOT Environmental, District Construction, Contractor)

A-7 Waste/Debris. Construction waste/debris will be disposed of in areas or a manner that will not adversely affect state and/or federally listed species and/or designated critical habitat. (Contractor)

A-8 Post Construction Erosion Control. Erosion control activities carried out by NDOT

Maintenance or others after construction is complete, but prior to project close-out, shall adhere to any standard conservation conditions for species designated for the project limits during construction. (NDOT Maintenance, District Construction, Contractor)

S-2 Platte River Depletions. If within the Platte River watershed (including the Elkhorn, Salt Creek, Loup, Calamus, and Lower Platte drainage basins) include the following for all detention basin/retention basins, dust control, and borrow sites:

To the maximum extent practical, efforts will be made to design the project and select borrow sites to prevent depletions to the Platte River. If there is any potential to create a depletion, NDOT (during design) and the Contractor (for borrow sites) shall follow the

- 14 -current Platte River depletion protocols for coordination, minimization, and mitigation. In general, the following are considered de minimis depletions, but may still require agency coordination; a project which: a) creates an annual depletion less than 0.1 acre feet, b) creates a detention basin that detains water for less than 72 hours, c) diverted water that will be returned to its natural basin within 30 days, or d) creates a one-time depletion of less than 10 acre feet. (NDOT Roadway Design, Contractor)

S-4 Sensitive Areas. Environmentally Sensitive Areas will be marked on the plans, in the field, or in the contract by NDOT Environmental for avoidance. (NDOT Environmental, NDOT Roadway Design, District Construction)

S-5 Species Surveys. If species surveys are required during the construction phase of the project (including pre-construction surveys), results will be sent by NDOT Environmental Section to the USFWS, NGPC, and if applicable the USACE. (NDOT Environmental, District Construction)

R-1 For activities within the American burying beetle range (Hwy 23, whole project equipment shall be located in areas that are frequently disturbed such as, but not limited to, field entrances, crop fields, abandoned roadway, farmsteads, and roads. If this is not possible, the contractor shall coordinate with NDOT Environmental with a site plan showing the desired staging/stockpile location(s), which will be sited in such a way as to avoid impacting protected species. (Contractor)

Whooping Crane

WC-1 Construction activities will not occur during Whooping Crane migration periods.

(Spring migration: March 6 April 29; and fall migration: October 9 November 15). (NDOT Environmental, Construction, Contractor)

OR

WC-2 If construction activities occur during Whooping Crane migration periods (Spring migration: March 6 April 29; and fall migration: October 9 November 15), NDOT trained personnel, or a qualified biologist, will conduct surveys according to protocol at the following locations: Hwy 23, whole project alignment. (prior to the start of daily construction activities). If species are present the District will notify the Contractor to stop work within 1/2 mile of the whooping crane and follow the protocol to determine when work can resume (also not initiate work if species is found in the morning survey). Options for resuming work may include but are not limited to (NDOT Environmental, Construction, Contractor):

Construction activities are limited to the hours from 10:00 a.m. to 4:00 p.m.

(CST) during the migration period, unless morning survey indicates Whooping Cranes are not present.

If a whooping crane is observed during the survey within ½ mile of the project, but departs the area (further than ½ mile from the project), then work can resume. Document this departure according to protocol.

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Bald and Golden Eagle Protection Act

Suitable Bald Eagle nesting and/or roosting habitat exists within 0.5 miles of the Environmental Study Area. If construction will begin between February 1 and April 15, a nest survey must be completed at least 1 but not more than 14 days prior to construction. If construction will begin between April 15 and October 1, a nest survey completed in March is sufficient, as nests will likely already be constructed if nesting will occur that year. However, a nest survey may be completed anytime during this timeframe, as long as it is completed prior to construction. If bald eagles are nesting in the area, consultation with NGPC and USFWS will be required prior to beginning construction activities. Eagle roosting surveys will be conducted if construction occurs between October 1 and January 31. (NDOT Environmental, Contractor)

NDOT Construction Project Managers should contact NDOT Environmental at 402-479-3901 or Heidi.hillhouse@nebraska.gov at least 30 days prior to construction start to schedule required surveys.

Contact Person: Heidi Hillhouse, Ecologist, (402) 479-3901

Unexpected Waste

If contaminated soils/groundwater or unexpected wastes are discovered, the Contractor shall stop all work within the immediate area. The Contractor shall secure the area of the discovery and notify the Highway Project Manager (HPM). The Contractor shall not reenter the discovery area until notified by the HPM. At the time of discovery, the HPM and Contractor shall utilize the NDOT Unexpected Waste Action Plan (UWAP) to coordinate appropriate actions. The actions to be carried out by the HPM are (but not limited to): verification that the Contractor has suspended construction activities in the area of the discovery, contact the Roadside Development & Compliance Unit (RDCU) hazmat representative and make an entry into AASHTOware Project that an unexpected waste discovery was made. The HPM shall then utilize the UWAP Notification Form (NDOT Form 691) to properly document the extent and type of waste. The HPM will ensure that proper disposal of the waste and any required health and safety mitigation is implemented by the Contractor. The Contractor is required by NDOT's Standard Specification Section 107.11 (Hazardous Material Discoveries) to handle and dispose of regulated material in accordance with applicable laws.

Contractor Commitment.

If contaminated soils/groundwater or unexpected wastes are discovered, the Contractor shall stop all work within the immediate area. The Contractor shall limit access to authorized personnel within the area of the discovery and notify the Highway Project Manager (HPM). The Contractor shall not reenter the discovery area until notified by the HPM. At the time of discovery, the HPM and Contractor shall utilize the NDOT Unexpected Waste Action Plan (UWAP) to coordinate appropriate actions. The Contractor is required by NDOT's Standard Specification Section 107.11 (Hazardous Material Discoveries) to handle and dispose of regulated material in accordance with applicable laws.

Contact Person: Tom Tomssen, Noise, Air Quality & Hazardous Materials Specialist, (402) 479-4766

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Staging Area

The Contractor shall have a staging area for the project where material and equipment for the project is stored (e.g. re-steel, forms, etc.). The Contractor shall be required to dispose of material removed as part of the project described above and miscellaneous obstructions encountered and removed along the project. The disposal shall be the responsibility of the Contractor. A waste site may be needed. The Contractor shall be responsible to obtain all permits and clearances and all conditions of those permits shall be followed. (Contractor)

Contact Person: Carson Jones, Roadside Development Team Lead, (402) 479-3642

Construction Stormwater

This project does not require a Construction Stormwater Permit or a Storm Water Pollution Prevention Plan (SWPPP). Temporary water pollution prevention practices (including sediment and erosion control measures) are still required by Nebraska State Title 119. The Contractor shall exercise every reasonable precaution throughout the life of the contract to prevent sedimentation within rivers, streams, impoundments (lakes, reservoirs, etc.), the project site, and adjacent property. (Contractor)

Contact Person: Carson Jones, Roadside Development Team Lead, (402) 479-3642

NOTE:

In the event that paleontological remains, including but not limited to fossil bones or other fossilized material, preserved remains, impression, or trace of a once-living thing from a past geological age are discovered in the course of the work, work in the area of the discovery shall immediately cease and the Contractor shall immediately notify the Engineer and the UNL Highway Paleontologist. These fossils can be altered or unaltered remains, such as bones, teeth, and shells, or indirect traces like footprints, burrows, and fossilized dung (coprolites). The contact information for the Highway Paleontologist (Shane Tucker) is:

Nebraska Highway Paleontology Program University of Nebraska State Museum W436 Nebraska Hall, UNL Lincoln, NE 68588-0514

(402) 472-2657

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F a rn am t o

S m ith fie ld M a in te n an ce

C ra ck S ea l

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REQUIRED SUBCONTRACTOR/SUPPLIER QUOTATIONS LIST

(1-43-1217)

All bidders must provide to the NDOT the identity of all firms who provided quotations on all projects, including both DBEs and non-DBEs. This information must be on a form provided by the NDOT Contracts Office.

If no quotations were received, the bidder must indicate this in the space provided.

Each bidder will be required to submit one list per letting to cover all projects bid.

GENERAL INFORMATION, DEFINITIONS, AND TERMS

(1-43-0120)

The last sentence of paragraph 1. of Subsection 101.0309 in the Standard Specifications is void and superseded by the following:

It includes all documents as set forth in Subsection 102.10.

Paragraph 1. of Subsection 101.0319 is void and superseded by the following:

1.

Department to guarantee complete payment and performance of the contract.

PREQUALIFICATION OF BIDDERS

(1-43-0720)

Subsection 102.01 in the Standard Specifications is void and superseded by the following:

102.01 -- Prequalification of Bidders

1. All persons, (any individual, partnership, association, corporation or joint stock company) proposing to bid on a contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges and their appurtenances to be let by the Department shall submit a statement showing his/her experience, equipment, and financial condition; except that such statement may not be required for contracts where the estimate of the Engineer is less than one hundred thousand dollars, or of an emergency nature. Such statement shall be under oath and on a form to be provided by the Department and shall be submitted not later than 5 calendar days before the letting of the Contract or Contracts. The statement shall develop fully the financial ability, adequacy of plant and equipment, organization, prior experience, and such other pertinent and material facts as may be desirable. The Department may require additional condition will not be retained in the active file of qualified bidders after the financial condition shown is of a date 15 months prior. Any person whose qualification will expire on or before the date of a letting must submit a new statement and request to be qualified at least 5 calendar days before the letting at which he/she desires to bid. Any

- 26 -person who desires a change in his/her qualification must submit a new statement or a request in writing at least 5 calendar days before the letting at which the change would be effective. Upon the compliance with all laws and rules and regulations relating thereto, such person will be qualified for the amount and class of work to which he/she is entitled. All information furnished the Department shall be confidential.

2. The financial showing required in such statement may be in the form of an audited financial statement certified by a public accountant holding a currently valid permit from the Nebraska Board of Public Accountancy or by any certified public accountant holding a currently valid permit.

3. The use of a Certification of Surety as a means of showing financial condition in such statement will be permitted. The applicant shall furnish a certified statement from a bonding agency licensed to do business in the state of Nebraska. The certification shall be made on bonding firm letterhead and indicate the total maximum bonding coverage

4.

5. Each person will be qualified upon such statement for an amount of work which he/she can perform properly as evidenced by his/her financial statement and supplementing documents, and his/her competency and responsibility as evidenced by the amount, condition, and availability of equipment, experience of personnel, and previous record with this and other awarding authorities.

6.

decreased at any time if, as determined by the Department, the performance record of the bidder warrants such action.

7. A new statement may be requested at any time if, in the opinion of the Department, significant changes in the responsibility or financial ability of the person have occurred.

8. Any bidder who desires a change in their qualification must submit a request in writing for such change at least 5 calendar days before the letting at which he/she desires to bid with the new qualification.

BID REQUIREMENTS

(1-43-0120)

Subsection 102.07 in the Standard Specifications is void and superseded by the following:

102.07 -- Bid Requirements

1. An Authorization to Bid for work for which prequalification of bidders is required will be issued only to those qualified to bid. A bidder will not be considered as qualified for any the date of the letting.

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2. Bidders submitting two or more bids in a total amount exceeding their current qualification by more than 25% shall submit the same, subject to the limitations of their current qualification, plus a tolerance of 25%.

3. Nothing in the Rules and Regulations or these Specifications shall prevent the

Department from rejecting any bid where, in the opinion of the Department, other circumstances and developments have changed the qualification or responsibility of the bidder.

4. If the qualification of the low bidder expires before the award of a contract, such contract will not be awarded until the qualification of the low bidder has been renewed.

5. An Authorization to Bid for work for which prequalification of bidders is required will be issued and shall not be transferable. Any bid submitted by a bidder other than the person or company to whom the authorization to bid was issued shall be void.

6. An Authorization to Bid will not be issued to any bidder later than 5:00 p.m. of the day preceding the letting.

7. An Authorization to Bid for any contract for which prequalification of bidders is required may be issued, at the discretion of the Department, to 2 or more qualified bidders jointly if the classes of work for which the prospective bidders are qualified to perform satisfy, in the aggregate, the qualification requirements for the particular contract. Two or more qualified bidders may not bid jointly to perform any contract for which prequalification of bidders is required unless an authorization to bid is issued by the Department to those bidders jointly for that purpose.

PROPOSAL GUARANTY BID BOND (BID BOND)

Paragraph 1.b. of Subsection 102.14 in the Standard Specifications is void.

PROPOSAL GUARANTY

As an evidence of good faith in submitting a bid for this work, the bidder shall indicate the type of bid bond applied to this project in accordance with Subsection 102.14 of the Standard Specifications.

- 28 -

STORM WATER DISCHARGES

(1-43-0420)

In compliance with the Federal Water Pollution Control Act, authorization to discharge storm water from this project has been granted under National Pollutant Discharge Elimination System (NPDES) General NPDES Permit for Storm Water Discharges from Construction Sites.

Contractors are advised that, under the Construction Storm Water General Permit, plant sites, camp sites, storage sites, and borrow or waste sites not shown on the plans may be subject to separate NPDES permit authorization requirements for stormwater discharges from those locations. Contractors shall be responsible for verifying the need for NPDES permit coverage with the applicable permitting authority (Nebraska Department of Environment and Energy (NDEE) for most locations, or the United State Environmental Protection Agency (USEPA) within Indian reservation boundaries).

Contractor directly to the applicable permitting authority.

Additionally, asphalt (SIC Code 2951) or concrete (SIC Code 3273) batch plants that are owned by a private Contractor and are operated on a contract-for-service basis to perform work for the Contractor completing the project may be subject to NPDES General Permit for Storm Water Discharges from Industrial Activity. While the plant may be required for completion of the project, it is not under the control of the Department (or other project owner); and the filing of a "Notice of Intent" shall be made by the Contractor directly to the permitting authority.

The NDEE may be contacted at 402-471-4220 for additional information. The USEPA may be contacted at 913-551-7003 for additional information.

WORKER VISIBILITY

(1-43-0719)

Pursuant to Part 634, Title 23, Code of Federal Regulations, the following modified rule is being implemented:

Effective on January 1, 2008, all workers within the right-of-way who are exposed either to traffic (vehicles using the highway for purposes of travel) or to construction equipment within the work area shall wear high-visibility safety apparel.

High-visibility safety apparel is defined to mean personal protective safety clothing that:

1 - is intended to provide conspicuity during both daytime and nighttime usage, and

2 - meets the Performance Class 2 or Class 3 requirements of the

ANSI/ISEA 107 publication titled "American National Standards for High-Visibility Safety Apparel and Headwear."

- 29 -

SPECIAL PROSECUTION AND PROGRESS

(Federal Immigration Verification System)

(1-43-1217)

The Contractor shall register with and use a Federal Immigration Verification System to determine the work eligibility status of newly hired employees physically performing services within the State of Nebraska. The Prime Contractor shall contractually require every subcontractor to register with and use a Federal Immigration Verification System to determine the work eligibility status of newly hired employees physically performing services within the State of Nebraska.

The Federal Immigration Verification System shall be an electronic verification of the work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program. The Contractor may use an equivalent Federal program designated by the United States Department of Homeland Security or other Federal agency authorized to verify the work eligibility status of a newly hired employee. The equivalent program shall comply with the Immigration Reform and Control Act of 1986.

The Prime Contractor shall furnish a letter to the NDOT Construction Division in Lincoln on company letterhead and signed by an officer of the company stating that documentation is on file certifying that the Contractor and all subcontractors have registered with and used a Federal Immigration Verification System. The Contractor shall maintain all records of registration and use for a period of three years and make records available upon request. The Contractor shall contractually require subcontractors to maintain all records for a period of three years and make records available upon request.

Payment will not be made to the Contractor for using the Federal Immigration Verification System or the maintenance of the records. This work shall be subsidiary to the work being performed.

Department considers this document to have direct bearing to the beginning interest date and may affect the amount of interest earned.

REQUEST FOR INFORMATION

(1-43-0724)

Paragraph 1, Subsection 105.01 Authority of Engineer, of the Standard Specifications is amended to include the following:

k. Request for Information after project award for requests that do not already have a defined process.

(1) A Request for Information (RFI) shall be submitted in writing to the Project

Manager, after the Project Manager and Contractor coordinate the

- 30 -request and have conducted a review of contract documents for the information requested, if:

(i) Ambiguity, inconsistency, or discrepancy in the contract documents are discovered or clarification is needed on an aspect of the Contract documents. (Clarification)

(ii) It appears that there is information missing from the Contract

Documents. (Missing Information)

(iii) Repairs or correction of the work is required. (Construction

Deficiency/ Repair Procedure)

(iv) The Contract indicates information will be provided at a later time and project status requires such information be provided. (Project Supplied Information)

(v) A substitution for a material is being requested. Requests should detail why a material change is being requested. (Material Substitution)

(vi) Change to the Contract requirements for a reason not described above. (Other)

(2) form or an equivalent PDF form including:

(i) A unique, sequential number per project starting with RFI# 1.

(ii) A requested reasonable response time in relation to the scope of the RFI.

(iii) Project information, detailed description of the issue or question, and relevant supporting documents or drawings.

(iv) Document naming convention with the following format: Control

Number_RFI#Number_Brief Description_Date.pdf For example: 12345_RFI#1_Girder Camber_ 10Sep2023

(v) RFIs will only be accepted from the Prime Contractor.

(3) The Project Manager will acknowledge receipt of the RFI and forward on to the ndot.shopdrawing@nebraska.gov mailbox.

(4) The Department will make every effort to respond to the RFI within a reasonable time. If insufficient information was provided on the RFI form to give an adequate response, the department may ask for additional information or return the RFI unanswered.

(5) The Department will notify the Contractor in writing the response to the

RFI.

- 31 -

(6) Contract changes, extra work, cost adjustments, time allowances, or schedule changes due to the RFI response shall be coordinated with the Project Manager.

(7) If the RFI response requires a revision and/or change order, work as described in the RFI response shall not begin until a contract change order has been executed.

RIGHT TO WAIVE DEDUCTION FOR NONCONFORMING MATERIAL

(1-43-0424)

Paragraph 2 of Subsection 105.03 in the Standard Specifications for Highway Construction, 2017 Edition is amended to include the following:

d. The Engineer reserves the right to waive the cost reduction on nonconforming assessing the deduction.

PERMITS, LICENSES, AND TAXES

(Contractor Site Use Approval)

(1-43-0523)

Paragraph 4. of Subsection 107.02 Paragraph 4. in the Standard Specifications is void and superseded by the following:

4. Contractor Site Use Approval:

a. (1) When a Contractor intends to obtain borrow and/or dispose of excess excavation at a site (or sites) not shown or otherwise designated in the contract the Contractor shall submit a completed NDOT Form 119 Contractor Site Use Request Identification and Evaluation ndot.mssrequest@nebraska.gov for processing and approval.

(2) When a Contractor intends to: (i) dispose of construction debris, (ii) stockpile materials, equipment or other tangible property for the project, and/or (iii) install and operate a mobile asphaltic concrete plant, mobile Portland cement concrete plant or other mobile production plant at a site (or sites) not shown or otherwise designated in the contract the

Plant Site/Stockpile Site Request Identification and Evaluation ndot.mssrequest@nebraska.gov for processing and approval.

(3)

Each Contractor Site Request form shall represent only one site and shall be project specific.

- 32 -

(4) The timeframe required to obtain site approvals varies and is dependent upon whether the project has a Corps Section 404 notifying-permit and upon the complexities of each site listed in each request.

b. The Contractor shall contact the Nebraska Department of Environment and Energy (NDEE) to determine if it is necessary for the Contractor to obtain a NPDES permit. The Contractor shall also be responsible for obtaining any and all other permits required.

c. The Contractor shall not begin work at any borrow, waste, debris, stockpile, or plant site until receiving written approval for the submitted Contractor Site Request form(s) from NDOT, before obtaining a NPDES permit (if required), or any other permits required.

d. When the Contractor intends to (i) obtain borrow and/or dispose of excess excavation, (ii) dispose of construction debris, (iii) stockpile materials, (iv) install and operate a mobile production plant at a site (or sites) within the boundaries of the Santee Sioux Nation Reservation or the Winnebago Tribe of Nebraska Reservation, the Contractor shall contact the Tribal Historic Preservation Officer.

The Contractor may be required to obtain a site permit from the Tribal authorities as well as to pay for monitoring by the tribal authorities during the performance of the work on the site. The specifics of these charges may be obtained from the Tribal Historic Preservation Officer. The Contractor is solely responsible for the costs associated with these Tribal requirements.

Santee Sioux Nation 425 Frazier Ave N, Ste 2 Niobrara NE 68760 Phone: 402-857-3568

Winnebago Tribe of Nebraska PO Box 687 Winnebago NE 68071 Phone: 402-922-2631

e. No extension of completion time will be granted due to any delays in securing approval of a borrow, waste, debris, stockpile, or plant site unless a review of the control.

STOCKPILED MATERIAL

(1-43-0621A)

Paragraph 4.a. of Subsection 109.07 in the Standard Specifications is void and superseded by the following:

a. (1) Upon presentation by the Contractor of receipt of payment, billing invoices, or such other documentation sufficient to satisfy the Engineer

- 33 -materials, partial payments may also be allowed for acceptable nonperishable materials purchased expressly to be incorporated into the work and:

(i) delivered in the vicinity of the project or stored in acceptable storage places within Nebraska.

(ii) not stockpiled in Nebraska but stored in an acceptable storage approval. In general, these items require approved shop plans or field checked order lists prior to manufacture. Other items manufactured specifically for a project but stockpiled outside of sole discretion. The Contractor shall be responsible for costs incurred by the Department to ensure the stockpiled material conforms to the contract. Partial payments for material stockpiled outside of Nebraska shall not exceed 90% of the value of the materials, to be determined by the Engineer.

(2) Materials not stored in the immediate vicinity of or on the actual project site must be clearly marked to identify the project on which they are to be used, must be segregated from similar materials at the storage site, and cannot be included in a supplie for other purposes.

(3) All items eligible for partial payment as stored materials must be available for verification, sampling, and measurement.

MEASUREMENT AND PAYMENT

(Partial Payment)

(1-43-0318A)

Paragraph 6 of Subsection 109.07 of the Standard Specifications is void and superseded by the following:

6. When payrolls must be…