Bid Notice-District 2 DMS Replacement - Sarpy _ Douglas Counties.pdf

PROPOSAL FORM

NEBRASKA DEPARTMENT OF TRANSPORTATION

LETTING DATE: August 27, 2026

LETTING TIME: 1:30 PM

CALL ORDER: 205

CONTROL NO. SEQ. NO.: 22922 000

TENTATIVE START DATE: 04/05/2027

LOCATION: DISTRICT 2 DMS REPLACEMENT

IN COUNTIES: SARPY, DOUGLAS

CONTRACT ID: 22922

PROJECT NO.: ITS-NH-D2(117)

CONTRACT TIME: 130 Working Days

DBE GOAL: N/A

PREQUALIFICATION CLASS: 8B,10 -

ELECTRICAL, GENERAL (ALL CLASSES)

COMBINED BID REQUIREMENTS: N/A

GROUP 8B

GROUP 10

ELECTRICAL

GENERAL ITEMS

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P R

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WURTELE

JARED M.

Jul 16, 2026

District 2 DMS Replacement Project No. D2(117)

Contract ID 22922

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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-free “hotline” Monday through Friday, 8:00 a.m. to 5:00 p.m. eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report such activities.

The “hotline” is part of the DOT’s continuing effort to identify and investigate highway 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 website. All official answers will be identified as “Authorized by NDOT.” 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

SPECIAL PROSECUTION AND PROGRESS

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 1000 – MATERIAL DETAILS

FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID

CONSTRUCTION CONTRACTS

EXECUTIVE ORDER 11246

DAVIS-BACON WAGE DETERMINATION

TRAINING SPECIAL PROVISIONS

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SPECIAL PROVISIONS

FOR

FEDERAL AID

PROJECT NO. D2(117)

GENERAL CONDITIONS

(1-1-0826)

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 Department’s ‘Request for Bidding Document’ website at: 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.

Bids will be opened, and the bid totals will be read via the Department’s designated online 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 Required Contract Provisions, Form FHWA 1273, (Rev. 10-23), and the Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity and Standard Federal Equal Employment Opportunity Construction Contract Specifications dated November 3, 1980, are attached to and are a part of this proposal form.

The General Wage Decision issued under the Davis-Bacon and Related Acts is attached to and is a part of this proposal form.

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SPECIAL PROSECUTION AND PROGRESS

(General Requirements)

1. Peak hours for this project shall be from 6:00 am to 9:00 pm, Monday through Sunday, including holidays. All other hours are non-peak hours, all temporary lane closures and temporary freeway closures shall only be in place during non-peak hours.

During non-peak hours:

A. One lane may be closed beginning at 9:00 pm.

B. Two lanes may be closed beginning at 10:00 pm.

C. Full Directional Freeway Closures may be closed beginning at 12:00 am.

D. Peak hours may be modified at the discretion of the Engineer.

2. The Contractor may utilize one temporary lane closure in each direction. Temporary lane closures will be limited to the length required for that day's work, but no greater than one mile. The maximum lane closure length may vary dependent upon traffic operations, as directed by the Engineer. The Contractor shall schedule the placement of traffic control devices to accommodate each day’s closure. Accordingly, the Department will only pay for those traffic control devices considered reasonably necessary to protect the actual work area. When a lane closure is no longer required or is not necessary in the opinion of the Engineer, the Contractor shall have one hour, following notification by the Engineer, to open the closed lane(s) & shoulder(s) to traffic. After this one-hour period, the Contractor will incur an assessment.

3. The Contractor shall have a work crew at any closure site at all times during a lane closure, unless otherwise directed by the Engineer.

4. A lane closure will not be permitted during inclement weather conditions or during periods of time that atmospheric conditions may constitute a hazard to the traveling public, as determined by the Engineer.

5. Lane closures for emergency service situations will not incur an assessment for either peak or non-peak hours.

6. Temporary Shoulder Closures can be in place during peak and non-peak hours.

7. The Freeway shall only be closed between the hours of 12:00 am to 5:00 am.

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(Assessments)

A. General

The assessments described in this provision shall be in addition to other assessments described elsewhere in this proposal or in the NDOT Standard Specifications for Highway Construction.

B. Temporary Lane Closure Assessment

When a temporary lane(s) closure is no longer required or is not necessary in the opinion of the Engineer, the Contractor shall have one hour, following notification by the Engineer, to open the closed lane(s) to traffic. After this one-hour period, the Contractor will be assessed $500 per hour per lane per direction until the closed lane(s) is opened.

Any portion of an hour shall be considered as a full hour.

C. Peak Hour Temporary Lane Closure Assessment

The Contractor’s failure to have a closed lane(s) open to traffic during peak hours shall result in the assessment of a $500 per lane per hour per direction. This assessment shall begin at the beginning of the designated peak hour period and shall continue per hour until, and including, the hour the closed lane(s) is open to traffic. Any portion of an hour shall be considered as a full hour.

D. Ramp Closure Assessment

The Contractor will be allowed to close on/off-ramps at various locations as shown in the plans to perform construction during non-peak hours, unless otherwise directed by the Engineer. The Contractor’s failure to have all on/off-ramps open to traffic during peak hours shall result in the assessment of $500 per hour per lane. This assessment shall begin at the beginning of the designated peak hour period and shall continue per hour until, and including, the hour the closed lane is open to traffic. Any portion of an hour shall be considered as a full hour.

E. Temporary Freeway Closure Assessment

When a temporary freeway closure is no longer required or is not necessary in the opinion of the Engineer, the Contractor shall have one hour, following notification by the Engineer, to open the closed freeway to traffic. After this one-hour period, the Contractor will be assessed $500 per hour per lane per direction until the closed lane(s) is opened.

Any portion of an hour shall be considered as a full hour.

F. Peak Hour Temporary Freeway Closure Assessment

The Contractor’s failure to have a freeway open to traffic during peak hours shall result in the assessment of $500 per lane per hour per direction. This assessment shall begin at the beginning of the designated peak hour period and shall continue per hour until, and including, the hour the freeway is open to traffic. Any portion of an hour shall be considered as a full hour.

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(Coordination With Others)

1. The Contractor for this project shall be required to coordinate signing and construction activities with the Contractor for Project ITS-NH-D2(116) CN 22921, District 2 DMS Retrofit. This project is scheduled to be let to contract in the August 27, 2026 letting. This project consists of replacing Dynamic Message Signs in Omaha.

2. The Contractor for this project shall be required to coordinate signing and construction activities with the Contractor for Project NH-MTIS-680-9(13), CN 22852, Pacific-Dodge, Omaha. This project was let to contract in the January 21, 2026 letting. This project consists of an additional lane on I-680, culvert work, lighting, and guardrail.

3. The Contractor for this project shall be required to coordinate signing and construction activities with the Contractor for Project NH-80-9(116), CN 22821, N-50 – 50th St, Omaha. This project was let to contract in the December 17, 2025 letting. This project consists of grinding, concrete repairs, and sealing.

4. The Contractor for this project shall be required to coordinate signing and construction activities with the Contractor for Project NH-80-9(203), CN 22855, 50th St. – I-480, Omaha. This Design-Build project consists of removing and replacing mainline pavement, interchange reconfigurations, and bridge rehabilitation.

STATUS OF UTILITIES

Project No.: ITS-NH-D2(117) Control No.: 22922 Location: District 2 DMS Replacement

The following information is current as of June 15, 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.

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After review of the project, the following utility companies have facilities within the project limits:

ALLO Communications Are conflicts with this facility anticipated? NO Description of existing location(s) and facility type:

Allo Communications facilities exist near the project areas.

Description of conflict(s):

All work will occur in the footprint of existing DMS structures. No impacts to utilities are anticipated.

Contact Information:

Al Schroeder, 402-430-5958, al.schroeder@allofiber.com

AT&T Communications Are conflicts with this facility anticipated? NO Description of existing location(s) and facility type:

AT&T Communications facilities exist near the project areas.

Description of conflict(s):

All work will occur in the footprint of existing DMS structures. No impacts to utilities are anticipated.

Contact Information:

Kevin Wingard, 508-931-7688, kwingard@sdt-1.com Rodney Haskins, 402-630-6529, rhaskins@sdt-1.com

Black Hills Energy

Description of existing location(s) and facility type:

Black Hills Energy facilities exist near the project areas.

Description of conflict(s):

All work will occur in the footprint of existing DMS structures. No impacts to utilities are anticipated.

Contact Information:

Robert Hegwood, 402-935-4871 402-949-2266 ©, Robert.Hegwood@blackhillscorp.com

City of Omaha

Description of existing location(s) and facility type:

City of Omaha facilities exist near the project areas.

Description of conflict(s):

All work will occur in the footprint of existing DMS structures. No impacts to utilities are anticipated.

Contact Information:

Elizabeth Butler, 402-444-5550, cityclerk@cityofomaha.org Mark Poland, 402-444-6539, mark.poland@cityofomaha.org

Cit of La Vista

Description of existing location(s) and facility type:

City of La Vista facilities exist near the project areas.

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Description of conflict(s):

All work will occur in the footprint of existing DMS structures. No impacts to utilities are anticipated.

Contact Information:

Joe Souci, 402-331-4343, jsoucie@cityoflavista.org Pamela Buethe, 402-331-4343, PBuethe@cityoflavista.org

Cogent Communications

Description of existing location(s) and facility type:

Cogent Communications facilities exist near the project areas.

Description of conflict(s):

All work will occur in the footprint of existing DMS structures. No impacts to utilities are anticipated.

Michael Chebul, 402-880-8720, mchebul@cogentco.com

Cox Communications

Description of existing location(s) and facility type:

Cox Communications facilities exist near the project areas.

Description of conflict(s):

All work will occur in the footprint of existing DMS structures. No impacts to utilities are anticipated.

Contact Information:

Pete Wilson, 402-934-0490; 402-510-0665 (c), Pete.Wilson@cox.com Brian Renz, 402-306-5842, brian.renz@cox.com

Great Plains Communications

Description of existing location(s) and facility type:

Great Plains Communications facilities exist near the project areas.

Description of conflict(s):

All work will occur in the footprint of existing DMS structures. No impacts to utilities are anticipated.

Contact Information:

Justin Suhr, c 402-237-7039, jsuhr@gpcom.com Ben Little, 402-237-7082, blittle@gpcom.com

Lumen(CenturyLink)

Description of existing location(s) and facility type:

Lumen facilities exist near the project areas.

Description of conflict(s):

All work will occur in the footprint of existing DMS structures. No impacts to utilities are anticipated.

Contact Information:

Eric Wallace, (402) 306-1115, Eric.Wallace@lumen.com Kim Ruettgers, kim.ruettgers@lumen.com

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Metropolitan Utilities District

Description of existing location(s) and facility type:

Metropolitan Utilities District facilities exist near the project areas.

Description of conflict(s):

All work will occur in the footprint of existing DMS structures. No impacts to utilities are anticipated.

Contact Information:

Jarod Ponticello, D:402-504-7769 C:402-639-4806, Jarod_Ponticello@mudnebr.com Dennis Rinkol, 402-504-7906, dennis_rinkol@mudnebr.com

Omaha Public Power District

Description of existing location(s) and facility type:

Omaha Public Power District facilities exist near the project areas.

Description of conflict(s):

All work will occur in the footprint of existing DMS structures. No impacts to utilities are anticipated.

Contact Information:

Michael Willey, 402-440-3504, mkwilley@oppd.com Ken Porter, 402-917-7792, kdporter@oppd.com

Segra (Unite Private Networks)

Description of existing location(s) and facility type:

Segra facilities exist near the project areas.

Description of conflict(s):

All work will occur in the footprint of existing DMS structures. No impacts to utilities are anticipated.

Contact Information:

Ryan Tanner, 402-860-0869, ryan.tanner@segrafiber.com Jeremy Beck , 402-278-4891, Jeremy.Beck@segrafiber.com

Verizon/MCI Telecommunications

Description of existing location(s) and facility type:

Verizon facilities exist near the project areas.

Description of conflict(s):

All work will occur in the footprint of existing DMS structures. No impacts to utilities are anticipated.

Jason Dimmock, 402-213-5879, jason.dimmock@verizon.com

NDOT Owned Utilities There are existing NDOT Owned Utilities within the project limits. No impacts are anticipated.

DMS Structures to be upgraded per construction plans.

To arrange for location and flagging State of Nebraska underground facilities, see the “STATE OWNED UTILITIES LOCATE NOTIFICATION” Special Provision included in this contract.

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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.

STATUS OF RIGHT OF WAY

January 22, 2026

The right of way for Project Number D2(117), Control Number 22922 has been acquired and physical possession is held by the State of Nebraska and ready for the contractor’s use, except 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 “bed and bank” channel. 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

- 12 -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 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 NDOT’s website), where species survey protocols 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 “Platte River depletion status” 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.

NORTHERN LONG-EARED BAT

1. The Contractor shall ensure all operators employees, and contractors working in areas of known or presumed bat habitat shall be aware of all FHWA/FRA/FTA (Transportation Agencies) environmental commitments, including all applicable AMMs.

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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.

SECTION 4(f)

1. The contractor shall not complete work, stage, stockpile, or store materials within the boundaries of the following Section 4(f) property as identified in attachment 2:

a. Big Papio Trail (as shown in Attachment 2)

2. If it is determined that temporary or permanent right-of-way is required from, or access is restricted to, a Section 4(f) property, coordination shall occur with NDOT Environmental.

TRAFFIC DISRUPTION

1. This project shall be constructed under traffic with lane closures controlled by approved temporary traffic control. The project shall not result in traffic disruptions requiring detours, temporary roads, or ramp closures that are greater than 30 working days.

ACCESS DISRUPTION

1. The Contractor shall maintain access to adjacent properties at all times during construction. Access may be disrupted temporarily at times due to construction activities but shall not be closed.

WELLHEAD PROTECTION AREA

1. A portion of the project has been identified as being located within the Metropolitan Utilities

District’s Wellhead Protection Area. NDOT’s Standard Specifications 107.01, 107.09 and

107.18 address the Contractor’s responsibility to keep fully informed of, observe, and comply with all federal, state, and local laws and ordinances that affect the conduct of the work.

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.

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OMAHA LEAD SITE

1. Lead particulate could be encountered on or near pavement or ground surfaces. Worker notification would be required for these projects within the Superfund site. The EPA suggests conducting sanitation practices, such as washing hands and face before ingesting food or water and before smoking or tobacco chewing. The Contractor shall use dust masks when dry and dusty conditions are present to reduce the inhalation of dust/lead particles by workers. In addition, when dry and dusty conditions are present, dust suppression shall be used to retain dust/lead particles within the project area

2. All excess materials removed from the project sites shall be disposed of at locations acceptable to the City of Omaha. The Contractor shall provide this information at the pre-construction meeting. During the project construction, the Contractor shall keep a log AND keep the City’s Project Engineer (or designated representative) informed of each disposal date, excess material source location, material description, disposal location, and approximate material quantity. It is the Contractor’s responsibility to make sure excess material is tested for lead concentrations before disposal. If the excavated soil has lead concentrations greater than 400 ppm, the landfill may require a Toxicity Characteristic Leaching Procedure (TCLP) test prior to disposal.

BORROW SITE

1. Any material needed shall be provided by the Contractor. The Contractor shall try to obtain borrow from an upland site to prevent depletion issues. If the borrow site is within a depletion area of concern, the Contractor shall coordinate with the appropriate agencies and NDOT to offset or minimize impacts. The Contractor shall obtain all environmental clearances and permits required for the borrow site prior to obtaining borrow material for the project.

2. 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.

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STATUS OF ENVIRONMENTAL COMMITMENTS

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ENVIRONMENTAL COMMITMENTS

Control No.: 22922 Project No.: ITS-NH-D2(117)

Project Name: District 2 DMS Replacement

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 “bed and bank” channel. 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.

(Contractor, NDOT District)

• 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 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: Amy Utt, Ecologist, (402) 479-3879

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

- 18 -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. (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 should review the T&E Matrix agreement (on NDOT’s website), where species survey 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, depth to ground water and depth of pit, and the “Platte River depletion status” of the 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. 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

- 19 -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 onetime depletion of less than 10 acre feet. (NDOT Roadway Design, Contractor)

S-3 Revegetation. All permanent seeding and plantings (excluding managed landscaped areas) shall use species and composition native to the project vicinity as shown in the Plan for the Roadside Environment. However, within the first 16 feet of the road shoulder or within high erosion prone locations, tall fescue or perennial ryegrass may be used at minimal rates to provide quick groundcover to prevent erosion, unless state or federally listed threatened or endangered plants were identified in the project area during surveys.

If listed plants were identified, any seed mix requirements identified during resource agency consultations shall be used for the project. (NDOT Environmental)

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)

Northern Long-Eared Bat:

GAMM1

Ensure all operators, employees, and contractors working in areas of Indiana bat, NLEB, or TCB suitable habitat are aware of all Transportation Agency environmental commitments, including all applicable AMMs. (NDOT Environmental, District, Contractor)

LAMM1

Direct temporary lighting away from suitable habitat during the active season (April 1st - November 15th). (District, Contractor)

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)

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NDOT Construction Project Managers should contact NDOT Environmental at 402-479-3546 or erika.hinz@nebraska.gov at least 30 days prior to construction start to schedule required surveys.

Contact Person: Erika Hinz, Ecologist, (402) 479-3546

NEPA Commitments:

Section 4(f)

The contractor shall not complete work, stage, stockpile or store materials within the boundaries of the following Section 4(f) properties: Big Papio Trail (as shown on Attachment 2). If it is determined that temporary or permanent right-of-way is required from, or access is restricted to, a Section 4(f) property, coordination shall occur with NDOT Environmental. (Contractor)

Utilities

Utility relocation or replacement is not anticipated for the project. If utility relocation or replacement is required in a later phase of the project, a re-evaluation shall be required if (1) federal funds will be used for the utility work; or (2) the project construction contractor will be responsible for the work. If this utility work is identified during final design, the project sponsor shall initiate the reevaluation prior to project letting. If the work is identified during construction, the project sponsor shall initiate the re-evaluation prior to commencing utility work. (NDOT Environmental, NDOT District)

If either one of the above two conditions does not apply, later relocation or replacement of utilities shall be coordinated through NDOT and the Contractor per NDOTs Standard Specifications for Highway Construction, Subsection 105.06. Any environmental permits required for these utility relocations or replacements shall be the responsibility of the Utility.

(NDOT District, Utility Provider (s))

Wellhead Protection

A portion of the project has been identified as being located within the Metropolitan Utilities District's Wellhead Protection Area. NDOT’s Standard Specifications - Section 107 address the Contractor’s responsibility to keep fully informed of, observe, and comply with all federal, state, and local laws and ordinances that affect the conduct of the work. (Contractor)

Traffic Disruption

This project shall be constructed under traffic with lane closures controlled by approved temporary traffic control with the exception of temporary overnight closures. The project shall not result in traffic disruptions requiring detours, temporary roads, or ramp closures that are greater than 30 working days. (Contractor)

Access Disruption

Access to adjacent properties shall be maintained at all times during construction. Access may be disrupted temporarily at times due to construction activities but shall not be closed.

(Contractor)

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Public Involvement

A minimum of one news release shall go to all local and area media, and be posted on the NDOT website, prior to the start of construction work. (NDOT District, NDOT Communications)

Any written information that is dispersed to the public regarding this project must be translated into Spanish. Dispersed information does not include highway signs or electronic messaging boards, but does include, for example, public meeting invitations, mailers and postcards, legal notices, news releases, and project map/information handouts. Legal notices and news releases do not need to be translated if they are only to be placed in an English-language media source.

Information that is distributed to businesses, public agencies, or to departments/representatives of public agencies, does not need to be translated. (NDOT District, NDOT Communications)

If a public meeting is held regarding this project, the written documents prepared for public dispersal (for example, project map/information handouts) at the meeting must be translated into Spanish. There must be a Spanish interpreter present. There must also be clear notices posted. Should a public meeting be held, "I Speak" cards will be placed on the front table, in the event an LEP person of an unanticipated language is in attendance. (NDOT District, NDOT Communications)

If a person who primarily speaks an unanticipated language is in attendance, their language will be recorded as part of the LEP data collection process and the Nebraska Language Line will be used to communicate. (NDOT District, NDOT Communications)

Contact Person: Tara Anderson, NEPA Specialist, (402) 479-3818

Hazardous Materials:

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.

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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.

Omaha Lead Site

Lead particulate could be encountered on or near pavement or ground surfaces. Worker notification would be required for these projects within the Superfund site. The EPA suggests conducting sanitation practices, such as washing hands and face before ingesting food or water and before smoking or tobacco chewing. The Contractor shall use dust masks when dry and dusty conditions are present to reduce the inhalation of dust/lead particles by workers. In addition, when dry and dusty conditions are present, dust suppression shall be used to retain dust/lead particles within the project area.

All excess materials removed from the project sites shall be disposed of at locations acceptable to the City of Omaha. The Contractor shall provide this information at the pre-construction meeting. During the project construction, the Contractor shall keep a log AND keep the City’s Project Engineer (or designated representative) informed of each disposal date, excess material source location, material description, disposal location, and approximate material quantity. It is the Contractor’s responsibility to make sure excess material is tested for lead concentrations before disposal. If the excavated soil has lead concentrations greater than 400 ppm, the landfill may require a Toxicity Characteristic Leaching Procedure (TCLP) test prior to disposal.

(Contractor, NDOT Environmental)

Contact Person: Aaron Bedea, Noise, Air Quality & Hazardous Materials Specialist, (402) 479-4312

Borrow Site

Any material needed shall be provided by the Contractor. The Contractor shall try to obtain borrow from an upland site to prevent depletion issues. If the borrow site is within a depletion area of concern, the Contractor shall coordinate with the appropriate agencies and NDOT to offset or minimize impacts. The Contractor shall obtain all environmental clearances and permits required for the borrow site prior to obtaining borrow material for the project.

(Contractor)

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

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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: Ron Poe, Roadside Development Compliance Unit Supervisor, (402) 479-4499

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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FLOODPLAIN PERMIT

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CERTIFICATION FOR FEDERAL-AID CONTRACTS

(1-9-1217)

The bidder certifies, by signing and submitting this bid, to the best of his or her knowledge and…