Bid Notice-I-80_ Shelton - N-11 Junction - Crack Seal.pdf

PROPOSAL FORM

NEBRASKA DEPARTMENT OF TRANSPORTATION

LETTING DATE: August 27, 2026

LETTING TIME: 1:30 PM

CALL ORDER: 425

CONTROL NO. SEQ. NO.: 42983 000

TENTATIVE START DATE: 02/01/2027

LOCATION: I-80, SHELTON - N-11 JCT.

IN COUNTIES: BUFFALO, HALL

CONTRACT ID: 42983

PROJECT NO.: NH-80-6(122)

CONTRACT TIME: 15 Working Days

DBE GOAL: N/A

PREQUALIFICATION CLASS: 8,10 -

MISCELLANEOUS, GENERAL (ALL CLASSES)

COMBINED BID REQUIREMENTS: 42983, 43014

GROUP 8

GROUP 10

MISCELLANEOUS

GENERAL ITEMS

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P R

O F

E S

IO

NAL CIVIL

E

N G I N

E E

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S T

A T

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OF NEBRA

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K A

S

E-9403

McCULLOUGH

STEVEN

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P R

O F

E S

IO

NAL CIVIL

E

N G I N

E E

R

S T

A T

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OF NEBRA

S

K A

S

E-9403

McCULLOUGH

STEVEN

Jul 14, 2026

Shelton - N-11 Jct.

Project No. 80-6(122)

Contract ID 42983

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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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Contract ID 42983

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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 500 – BITUMINOUS PAVEMENT

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. 80-6(122)

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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NOTICE TO BIDDERS

To be eligible for the award of this contract, bidders shall submit a completed bid for Call Order No. 425 {Project No. NH-80-6(122)}, and Call Order No. 435 {Project No. NH-80-6(126)}.

Award of Contract, if awarded, will be made on the combined bid for these Call Order Numbers.

Separate contracts will be awarded for each Call Order Number.

SPECIAL PROSECUTION AND PROGRESS

(General Requirements)

1. The Contractor will not be allowed to crack seal bituminous surfacing before November

1, 2026, unless otherwise directed by the Engineer.

2. All work on this project shall be completed by March 31, 2027, unless otherwise directed by the Engineer. (see SPECIAL PROSECUTION AND PROGRESS (Assessments), paragraph C)

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

4. 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 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 (Assessments), paragraph B)

5. The Contractor will be allowed to close on/off-ramps, in one direction at a time, at the L-

10D interchange to perform construction during daytime hours, unless otherwise directed by the Engineer. Daytime hours shall be defined as being from 1 hour after sunrise to 1 hour before sunset. Ramp closure duration shall be kept to a minimum.

When a ramp 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 ramp(s) to traffic. After this one-hour period, the Contractor will incur an assessment. (see SPECIAL PROSECUTION AND PROGRESS (Assessments), paragraph D)

6. A lane or ramp closure shall not be installed during nighttime hours. Nighttime hours shall be defined as being from sunset to 1/2 hour after sunrise in the Eastbound direction and from 1/2 hour before sunset to sunrise in the Westbound direction.

7. The Contractor shall schedule their operations so that all interstate lanes and ramps shall be open to traffic at night and at times when the Contractor is not working.

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8. A lane or ramp 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.

9. Median turn arounds shall not be used unless passing lanes in both directions are closed.

10. The Contractor shall notify the Engineer a minimum of one week prior to any ramp closure and again 48 hours prior to any ramp closure. If the 48-hour time period falls on a weekend or holiday, the notification shall be given 72 hours prior to the closure.

(Assessments)

A. General

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. Lane Closure Assessment

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 to traffic. After this one-hour period, the Contractor will incur an assessment of $315 per hour per lane per direction until the closed lane is opened. Any portion of an hour shall be considered a full hour.

C. Project Completion Assessment

In the event the project is not completed by March 31, 2027, the Contractor will incur an assessment of $9,385 per calendar day per direction. This assessment shall begin on April 1, 2027 and shall continue per calendar day per direction until, and including, the day the work is completed. Any portion of a day shall be considered a full day.

D. Ramp Closure Assessment

The Contractor’s failure to have all on/off-ramp lanes open to traffic during nighttime hours or as notified by the Engineer, shall result in the assessment of $500 per hour. This assessment shall begin at the beginning of the designated nighttime hour period or as notified by the Engineer 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.

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(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:

a. Christmas Day and New Year’s Day – these holidays shall begin at 3:00 p.m. on the day preceding the holiday and the day of the holiday.

b. Thanksgiving Day – this holiday shall begin at 3:00 p.m., Wednesday, and shall include the remainder of Wednesday and all day Thursday, Friday, Saturday, and Sunday.

Failure to have all traffic lanes open to traffic, as specified, on these holidays will result in an assessment of $5,000 per occurrence. This assessment will be in addition to other assessments described elsewhere in this proposal or in the NDOT Standard Specifications for Highway Construction.

STATUS OF UTILITIES

Project No.: NH-80-6(122) Control No.: 42983 Location: Shelton - N-11 Jct.

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.

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

BLACK HILLS ENERGY

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

Black Hills Energy has facilities in the project area including an undercrossing of I-80 at approximate R.P. 291.15.

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Contact Information:

Craig Nelson, 402-461-9440, Craig.nelson@blackhillscorp.com

Charter Communication Are conflicts with this facility anticipated? No Description of existing location(s) and facility type:

Charter Communications has facilities in the project area.

Contact Information:

Justin Blomstedt, 402 328-3581, 402-314-9276, Justin.Blomstedt@charter.com

Dawson Public Power District Are conflicts with this facility anticipated? No Description of existing location(s) and facility type:

Dawson Public Power District has facilities in the project area.

Contact Information:

Jordan Curtice, 308-324-2386, jcurtice@dawsonposer.com

Great Plains Communication Are conflicts with this facility anticipated? No Description of existing location(s) and facility type:

Great Plains Communications has facilities in the project area.

Contact Information:

Mark Petersen, 402-533-4815, mpetersen@GPCOM.COM

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

Hamilton Communications has facilities in the project area.

Contact Information:

Eric Lohrmeyer, 402-694-8416, eric.lohrmeyer@hamiltontel.com

Lumen Are conflicts with this facility anticipated? No Description of existing location(s) and facility type:

Lumen has facilities in the project area.

Contact Information:

Kim Ruettgers, 541-639-8367, kim.ruettgers@lumen.com

Nebraska Public Power District Are conflicts with this facility anticipated? No Description of existing location(s) and facility type:

Nebraska PPD has facilities in the project area.

Contact Information:

Traci Custard, 402-563-5893, TJCusta@nppd.com

Southern Public Power District Are conflicts with this facility anticipated? No Description of existing location(s) and facility type:

Southern PPD has facilities in the project area.

Contact Information:

Grant Hansen, 308-390-6251, ghansen@southernpd.net

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

Are conflicts with this facility anticipated? No Description of existing location(s):

R.P. 291.02, mainline gate (closure), right shoulder, Shelton interchange I-80.

R.P. 291.36, RWIS, right shoulder, Shelton interchange I-80.

R.P. 291.38, camera, right shoulder, Shelton exit RWIS tower.

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

April 2, 2026

The right of way for Project Number 80-6(122), Control Number 42983 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 will 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 the conservation conditions within the project limits as shown in the contract.

EARLY CONSTRUCTION STARTS

1. Contractor requests for early construction starts shall be coordinated by the Engineer with 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, the Contractor shall contact the Engineer who 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 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. Construction waste/debris shall be disposed of 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

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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 are aware of all FHWA/FRA/FTA (Transportation Agencies) environmental commitments, including all applicable AMMs.

WHOOPING CRANE

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

OR

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

SECTION 4(f)

1. 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:

a. Martin's Reach Wildlife Management Area

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b. Wood River West Wildlife Management Area

c. War Axe State Recreation 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.

WELLHEAD PROTECTION AREA

1. A portion of the project has been identified as being located within the City of Wood

River 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.

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.

NIGHTTIME WORK

1. Nighttime work is not authorized for this project. Requests for nighttime work will require a reevaluation.

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 limit access to authorized personnel within 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 107.11 (Hazardous Material Discoveries) 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

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- 14 -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

Control No. 42983 Project No. NH-80-6(122) Project Name: Shelton – N -11 Jct.

Reviewed and Approved by:

Frank Albrecht 479-4413 4-1-26 Environmental Project Manager Phone No. Date

404 Permit Required Yes Reviewed and Approved

No

MG 3/31/2026

Initials

Date

Comments: No 404-permit required.

Individual 401 Water Quality Certification Required Yes

State Title 117 Waters (COE Non-Jurisdictional) Yes

Floodplain Permit Required Yes

Comments: Not Required

Historic Clearance Yes Teir II 05/22/2024 Reviewed and Approved

KMT 03/26/2026

Initials Date

Comments: No Historic Properties Affected

Threatened & Endangered Species Clearance Required

Yes

Approved:

Final Biological Assessment Approved – 10/1/2025

Reviewed and

FHWA – 10/1/2025

No NGPC – 12/22/2025 MGf 3/31/2026

USFWS – 12/22/2025

Comments: May Affect, Not Likely to Adversely Affect

Environmental Clearance Yes NDOT or FHWA NEPA Document Type CE-2 03/16/2026

Reviewed and Approved

N/A

CPC 3/26/26

Hazardous Materials Reviewed and

JDB 3.26.2026

NPDES/Stormwater Permit No.:

Not Required Reviewed and

RP 3/26/26

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ENVIRONMENTAL COMMITMENTS

Control No.: 42983 Project No.: NH-80-6(122)

Project Name: Shelton – N-11 JCT

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: Matthew Greiner, Ecologist, (402) 479-4419

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

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- 17 -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

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- 18 -annual depletion less than 0.1 acre feet, b) creates a detention basin that detains water for less than 72 hours, c) diverted water that will be returned to its natural basin within 30 days, or d) creates a one-time depletion of less than 10 acre feet. (NDOT Roadway Design, Contractor)

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

S-5 Species Surveys. If species surveys are required for this project, results will be sent by

NDOT to the USFWS, NGPC, and if applicable COE. (NDOT Environmental, District Construction)

Interior Least Tern/Piping Plover:

ILT-5/PP-5 If nighttime work is planned between April 15 and August 15, lighting shall be limited to a Nominal CCT of 3000 +/- 300 K, shielded, and directed away from the suitable habitat at the following locations: length of alignment, south of I-80 (location of suitable habitat). (NDOT Environmental, Contractor)

Northern Long-eared bat:

General AMM 1 Ensure all operators, employees, and contractors working in areas of known or presumed bat habitat are aware of all FHWA/FRA/FTA (Transportation Agencies) environmental commitments, including all applicable AMMs. (NDOT Environmental, District, Contractor)

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

Whooping Crane:

WC-1 Construction activities will not occur during Whooping Crane migration periods. (Spring migration: March 6 – April 29; and fall migration: October 9 – November 15). (NDOT Environmental, Construction, Contractor)

OR

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

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• 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-4 If nighttime work is planned during Whooping Crane migration periods (Spring migration:

March 6 – April 29; and fall migration: October 9 – November 15), work may not begin until evening surveys have been completed according to protocol (see WC-2). Lighting shall be limited to a Nominal CCT of 3000 +/- 300 K, shielded, and directed away from suitable habitat at the following location: length of alignment, south of I-80 (location of suitable habitat). (NDOT Environmental, 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)

NDOT Construction Project Managers should contact NDOT Environmental at 402-479-4419 matthew.greiner@nebraska.gov at least 30 days prior to construction start to schedule required surveys.

Contact Person: Matt Greiner, Ecologist, (402) 479-4419

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: Martin's Reach Wildlife Management Area, Wood River West Wildlife Management Area, War Axe State Recreation 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

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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 City of Wood River 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. 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

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

Contact Person: Cydney Calhoun, NEPA Specialist, (402) 479-3548

Section 106 Commitments

No Historic Properties Affected.

Contact Person: Katie Turner, Section 106 Specialist, (402) 479-3514

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

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- 21 -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: John Buhrmann, Noise, Air Quality & Hazardous Materials Specialist, (402) 479-4766

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

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

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- 22 -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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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 belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The bidder also agrees by submitting his or her bid that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

REQUIRED SUBCONTRACTOR/SUPPLIER QUOTATIONS LIST

(1-43-1217)

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

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

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

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GENERAL INFORMATION, DEFINITIONS, AND TERMS

(1-43-0120)

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

It includes all documents as set forth in Subsection 102.10.

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

1. The security executed by the bidder and the bidder’s surety, or sureties furnished to the Department to guarantee complete payment and performance of the contract.

PREQUALIFICATION OF BIDDERS

(1-43-0720)

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

102.01 - - Prequalification of Bidders

1. All persons, (any individual, partnership, association, corporation or joint stock…