Bid Notice-Hershey East_ I-80 (Resurfacing).pdf

PROPOSAL FORM

NEBRASKA DEPARTMENT OF TRANSPORTATION

LETTING DATE: August 27, 2026

LETTING TIME: 1:30 PM

CALL ORDER: 600

CONTROL NO. SEQ. NO.: 61740 000

TENTATIVE START DATE: 04/26/2027

LOCATION: HERSHEY EAST, I-80 (RESURF)

IN COUNTY: LINCOLN

CONTRACT ID: 61740

PROJECT NO.: NH-80-3(174)

CONTRACT TIME: 125 Working Days

DBE GOAL: N/A

PREQUALIFICATION CLASS: 9,10 -

BITUMINOUS, GENERAL (ALL CLASSES)

COMBINED BID REQUIREMENTS: N/A

GROUP 5

GROUP 8

GROUP 9

GROUP 10

SEEDING

MISCELLANEOUS

BITUMINOUS

GENERAL ITEMS

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P R

O F

E S

IO

NAL CIVIL

E

N G I N

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S T

A T

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OF NEBRA

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K A

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E-9403

McCULLOUGH

STEVEN

Jul 15, 2026

Hershey East I-80 (Resurf) Project No. 80-3(174)

Contract ID 61740

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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 300 – SUBGRADE PREPARATION, FOUNDATION COURSES,

BASE COURSES, SHOULDER CONSTRUCTION, AND

AGGREGATE SURFACING

DIVISION 400 – LIGHTING, SIGNS, AND TRAFFIC CONTROL

DIVISION 500 – BITUMINOUS PAVEMENT

DIVISION 600 – PORTLAND CEMENT CONCRETE PAVEMENTS

DIVISION 800 – ROADSIDE DEVELOPMENT AND EROSION 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. 80-3(174)

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

(Milling/Asphaltic Concrete Placement)

Traffic shall not be allowed on any surface that has been milled to a depth greater than 2 inches.

Traffic shall be limited to 14 days on any surface milled less than or equal to 2 inches. On the 15th day of traffic the Contractor shall become responsible for any and all costs of Asphaltic Concrete Patching and the cost of Temporary Traffic Control to perform patching.

(General Requirements)

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

2. The Contractor may utilize one lane closure in each direction. Lane closures will be limited to the length required for that day's work. 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) and shoulder(s) to traffic. After this one-hour period, the Contractor will incur an assessment. (see SPECIAL PROSECUTION AND PROGRESS (Assessment), paragraph B)

3. The Contractor shall be required to have all through lanes, ramps, and shoulders open to traffic from 3:00 pm (Central time) on Friday afternoon until 6:00 am (Central time) the following Monday morning, unless otherwise directed by the Engineer. This restriction shall be enforced from the Friday afternoon before Memorial Day until the Tuesday morning after Labor Day. The Lane Closure Assessment shall apply to this restriction.

(see SPECIAL PROSECUTION AND PROGRESS (Assessment), paragraph B)

4. The Contractor will not be allowed to use the maintenance turnarounds for construction traffic unless the maintenance turnaround is within the established closure with both Eastbound and Westbound passing lanes closed.

5. The ramps at L-56C/Hershey interchange will not be allowed to be closed for any work at any time.

(Traffic Control Management)

Traffic Control Management shall be utilized for any calendar day when there is a lane closure in place. If approved by the Engineer to allow an overnight lane closure, then the pay item will be switched to Surveillance of Temporary Traffic Control Devices.

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(Assessment)

A. General

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

B. Lane Closure Assessment

When a 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) and shoulder(s) to traffic. After this one-hour period, the Contractor will incur an assessment of $280 per hour per lane per direction until the closed lane(s) and shoulder(s) is opened. Any portion of an hour shall be considered as a full hour.

(Holidays)

The Contractor will be required to schedule their operations in a manner to have all traffic lanes open to traffic on the following holidays:

Memorial and Labor Day holidays:

• These holiday weekends shall begin at 3:00 p.m. (Central time), Friday, and shall include the remainder of Friday and all-day Saturday, Sunday and the Monday holiday.

July 4th holiday:

• If July 4th falls on a Monday or Friday, the Saturday and Sunday either preceding or following July 4th shall be included as part of the holiday.

• If July 4th falls on a Tuesday, Wednesday, or Thursday, only that day will be considered as the holiday.

• If July 4th falls on a Saturday or Sunday, the day preceding and the day following July 4th shall be included as part of the holiday.

• The July 4th holiday shall begin at 3:00 p.m. (Central time) on the day preceding the first day of the July 4th holiday, as defined above.

Failure to have all traffic lanes open to traffic, as specified, on these holidays will result in an assessment of $5,000 per day. This assessment 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.

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STATUS OF UTILITIES

Project No.: NH-80-3(174) Control No.: 61740 Location: Hershey East, I-80

The following information is current as of June 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.

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

Dawson Public Power District Are conflicts with this facility anticipated? NO.

Description of existing location(s) and facility type:

Dawson Public Power District facilities exist in the project area outside of the limits of construction.

Contact Information Gwen Kautz, 308-324-2386, gkautz@dawsonpower.com

Hershey COOP Telecom Are conflicts with this facility anticipated? NO.

Description of existing location(s) and facility type:

Hershey COOP Telecom facilities exist in the project area outside of the limits of construction.

Contact Information:

Rex Wooley, 308-368-5561, support@hersheytel.net

Lumen Are conflicts with this facility anticipated? NO.

Description of existing location(s) and facility type:

Lumen facilities exist in the project area outside of the limits of construction.

Contact Information:

Nate Nelson, 308-660-5437, nathan.a.nelson@lumen.com

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NDOT Owned Utilities There are existing NDOT Owned Utilities within the project limits.

Reference point and description

136.32 Variable speed sign, left shoulder, west bound.

164.52 Mainline gate, left shoulder, Hershey interchange, west bound onramp.

164.53 Camera, right shoulder S56C.

164.54 Mainline gate, right shoulder, Hershey interchange, west bound onramp.

165.32 Variable speed sign, right shoulder, East bound Hershey interchange.

Are conflicts with these facilities anticipated? NO.

To arrange for utilities to locate and flag their underground facilities, see the “STATE OWNED UTILITIES LOCATE NOTIFICATION” Special Provision included in this contract.

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

February 14, 2024

The right of way for Project Number 80-3(174), Control Number 61740 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

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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. 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.

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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.

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.

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AMERICAN BURYING BEETLE

1. Contractor use sites (e.g., borrow areas, asphalt plants, and staging areas) shall be located in areas that are frequently disturbed such as, but not limited to, field entrances, crop fields, abandoned roadways, farmsteads, and roads. If this is not possible, the contractor shall coordinate with NDOT Environmental with a site plan showing the desired contractor use site location(s), which will be sited in such a way as to avoid or minimize soil disturbance in suitable habitat.

2. All phases and aspects of the project shall be modified, to the extent practicable, to avoid soil disturbance in excess of what is required to implement the project safely. Soil disturbance shall be limited to areas specified in the project plans.

3. Erosion and sediment control techniques such as mulching, silt fencing, wattles, and other efforts shall be used to prevent washing away of topsoil, formation of gullies, or other erosion that could negatively affect American burying beetle habitat through the action of surface water.

4. If the project has a temporary work crossing/causeway/platform for channel work or bank stabilization activities, then implement the following: After completion of construction activities, the contractor shall remove any temporary fill and construction debris from the channel and surrounding uplands. Temporarily disturbed upland or wetland areas shall be reseeded with native seed mix and channel vegetation shall be allowed to recolonize.

5. Areas of temporary soils disturbance shall be restored. Restoration of permanent vegetative cover shall be determined successful when the absolute cover is at least 70 percent.

Erosion of the disturbed area shall be equal to or less than the surrounding area when gullying, head cutting, slumping, and deep or excessive filling is not observed. The site shall be free of noxious weeds unless the weeds were present at the site prior to construction or are present in surrounding areas.

PIPING PLOVER

1. For construction activities that begin prior to April 15 and continue beyond April 15, surveys will be conducted starting April 8 and continue through the end of construction or August 15, whichever comes first. NDOT Environmental, NDOT trained personnel, or a qualified biologist, will conduct surveys according to protocol at the following locations: I-80 MM

169.65 – MM 170.14 (location of suitable habitat). If species are present, the Engineer will notify the Contractor to stop work within ¼ mile of nesting activities and follow the protocol to determine when work can resume.

2. When initiating construction activities between April 15 and August 15, surveys will start one week prior to construction activities and will continue through the end of construction or August 15, whichever comes first. NDOT trained personnel, or a qualified biologist, will conduct surveys according to protocol at the following locations: I-80 MM 169.65 – MM

170.14 (location of suitable habitat). If species are present, the Engineer will notify the Contractor to stop work within ¼ mile of nesting activities and follow the protocol to determine when work can resume.

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).

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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. Entire Project Alignment (location of suitable habitat)

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.

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. East Hershey Wildlife Management Area

b. Hershey Wildlife Management Area

c. West Hershey Wildlife Management Area

d. East Sutherland Wildlife Management Area

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.

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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.

NIGHTTIME WORK

1. Nighttime work is not authorized for this project. Requests for nighttime work will require a re-evaluation.

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.

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.: 61740 Project No.: NH-80-3(174)

Project Name: Hershey East, I-80

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: Lauris Hollis, Ecologist, (402) 479-3565

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

- 16 -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 annual depletion less than 0.1 acre feet, b) creates a detention basin that detains water

- 17 -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)

R-1 For activities within the American burying beetle range, asphalt plants and staging areas for construction supplies and Contractor’s 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)

American Burying Beetle:

ABB-1 NDOT shall include a factsheet with the NDOT Status of Environmental Commitments focused on identifying the American burying beetle, explaining its life history, current range, and habitat requirements. Information about the legal protections and AMMs shall be included.

Construction personnel shall be instructed to report any sightings of American burying beetle or brood chambers if encountered. (NDOT Environmental)

ABB-2 Contractor use sites (e.g., borrow areas, asphalt plants, and staging areas) shall be located in areas that are frequently disturbed such as, but not limited to, field entrances, crop fields, abandoned roadways, farmsteads, and roads. If this is not possible, the contractor shall coordinate with NDOT Environmental with a site plan showing the desired contractor use site location(s), which will be sited in such a way as to avoid or minimize soil disturbance in suitable habitat. (Contractor, NDOT Environmental [RDCU])

ABB-3 All phases and aspects of the project shall be modified, to the extent practicable, to avoid soil disturbance in excess of what is required to implement the project safely. Soil disturbance shall be limited to areas specified in the project plans. (Design and Contractor)

ABB-4 Erosion and sediment control techniques such as mulching, silt fencing, wattles, and other efforts shall be used to prevent washing away of topsoil, formation of gullies, or other

- 18 -erosion that could negatively affect American burying beetle habitat through the action of surface water. (Design and Contractor)

ABB-5 Nighttime work with lights or temporary construction lighting are not authorized from May 1 to September 30. If nighttime or temporary lighting is requested and approved during this timeframe, then the lighting shall be limited to a Nominal CCT of 3000 +/- 300 K, down shielded (i.e., directional shielding to focus the lighting onto the driving surface), and directed away from suitable habitat. Lighting shall be limited to the extent necessary to meet safety requirements.

(Design and Contractor)

ABB-6 If the project has a temporary work crossing/causeway/platform for channel work or bank stabilization activities, then implement the following: After completion of construction activities, the contractor shall remove any temporary fill and construction debris from the channel and surrounding uplands. Temporarily disturbed upland or wetland areas shall be reseeded with native seed mix and channel vegetation shall be allowed to recolonize. (Design and Contractor)

ABB-7 Areas of temporary soils disturbance shall be restored. Restoration of permanent vegetative cover shall be determined successful when the absolute cover is at least 70 percent.

Erosion of the disturbed area shall be equal to or less than the surrounding area when gullying, head cutting, slumping, and deep or excessive filling is not observed. The site shall be free of noxious weeds unless the weeds were present at the site prior to construction or are present in surrounding areas. If the vegetative cover requirement is not met within the two-year monitoring period, then re-seeding and repairs shall continue to follow the NDOT guidance until the standards are met. (Design, Contractor, NDOT Environmental)

Piping Plover:

PP-1 For construction activities that begin prior to April 15 and continue beyond April 15, surveys will be conducted starting April 8 and continue through the end of construction or August 15 whichever comes first. NDOT Environmental, NDOT trained personnel, or a qualified biologist, will conduct surveys according to protocol at the following locations: I-80 MM 169.65 – MM 170.14 (location of suitable habitat). If species are present the District will notify the Contractor to stop work within ¼ mile of nesting activities and follow the protocol to determine when work can resume. (NDOT Environmental, District, Contractor)

PP-2 When initiating construction activities between April 15 and August 15, surveys will start one week prior to construction activities and will continue through the end of construction or August 15, whichever comes first. NDOT trained personnel, or qualified biologists, will conduct surveys according to protocol at the following locations: I-80 MM 169.65 – MM 170.14 (location of suitable habitat). If species are present, the District will notify the Contractor to stop work within ¼ mile of nesting activities and follow the protocol to determine when work can resume.

(NDOT Environmental, District, Contractor)

PP-4 Herbaceous species used for re-seeding within ¼ mile of the following location: I-80 MM

169.65 – MM 170.14 (location of suitable habitat) will be native grass or forb species. Native shrub or woody species used in restoration should reach no more than 4 feet in height at maturity. (Design, NDOT Environmental)

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Swift Fox:

SF-1 Two weeks prior to the start of construction, a qualified biologist shall survey the environmental study area according to protocol to determine if active swift fox den sites are present. If an active den with young is located and it is outside the project limits, then a buffer zone shall be established around the den and all construction activities shall avoid the buffer until the den is abandoned. If an occupied den with or without young is identified within the project limits or staging areas, NDOT shall immediately coordinate with the NGPC to determine how to proceed. A buffer zone shall be established around the den and all construction activities shall avoid the buffer until NDOT gives approval to enter the buffer area. Between April 1 and August 31, the buffer zone shall be 250 yards around the active den site; other times of the year, the buffer shall be 100 yards around the active den site. (NDOT Environmental)

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: Entire Project Alignment (location of suitable habitat). (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.

AND

WC-3 Herbaceous species used for re-seeding within ¼ mile of the following location: Entire Project Alignment (location of suitable habitat) will be native grass or forb species. Native shrub or woody species used in restoration should reach no more than 4 feet in height at maturity.

(Design, NDOT Environmental).

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

- 20 -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 402-479-3546 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, as identified in Attachment 2: East Hershey Wildlife Management Area, Hershey Wildlife Management Area, West Hershey Wildlife Management Area, East Sutherland Wildlife Management Area. 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))

Traffic Disruption:

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. (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)

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)

Nighttime work:

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Nighttime is not authorized for this project. Requests for nighttime work will require a reevaluation. (Contractor)

Contact Person: Bre Lewis-Jones, NEPA Specialist, (402) 479-3565

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: 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)

Staging: 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).