PROPOSAL FORM

NEBRASKA DEPARTMENT OF TRANSPORTATION

LETTING DATE: August 27, 2026

LETTING TIME: 1:30 PM

CALL ORDER: 420

CONTROL NO. SEQ. NO.: 42949 000

TENTATIVE START DATE: 02/01/2027

LOCATION: I-80, WACO TO UTICA

IN COUNTY: YORK

CONTRACT ID: 42949

PROJECT NO.: NH-STP-80-8(168)

CONTRACT TIME: 15 Working Days

DBE GOAL: N/A

PREQUALIFICATION CLASS: 8,10 -

MISCELLANEOUS, GENERAL (ALL CLASSES)

COMBINED BID REQUIREMENTS: N/A

GROUP 8

GROUP 10

MISCELLANEOUS

GENERAL ITEMS

P R

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NAL CIVIL

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N G I N

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OF NEBRA

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K A

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E-9403

McCULLOUGH

STEVEN

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P R

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NAL CIVIL

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N G I N

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OF NEBRA

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McCULLOUGH

STEVEN

Jul 14, 2026

Waco to Utica Project No. 80-8(168)

Contract ID 42949

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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 42949

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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

DIVISION 800 – ROADSIDE DEVELOPMENT AND EROSION CONTROL

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. 80-8(168)

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.

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.

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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-

93B 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.

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.

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(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 $380 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 $11,380 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.

(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.

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STATUS OF UTILITIES

Project No.: NH-STP-80-8(168) Control No.: 42949 Location: Waco to Utica

The following information is current as of June 15, 2026.

All utility work is complete, 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.

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.

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.

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

After reviewing 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 an undercrossing outside the limits of the project at approximate R.P. 359+63.

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

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

Norris Public Power District has facilities in the area of the project.

Contact Information:

Ben Morgan, 402-228-2856, bmorgan@norrispower.com

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Perennial Public Power District

Description of existing location(s) and facility type:

Perennial Public Power District has facilities in the area of the project including an overcrossing of I-80 at approximate R.P. 359+70 and an undercrossing of I-80 at approximate R.P. 363+15.

Contact Information:

Chad Hobelheinrich, 402-362-3355, chobe@perennialpower.com Steve Gerken, 402-362-3355, sgerken@perennialpower.com

Windstream

Description of existing location(s) and facility type:

Windstream has facilities in the area of the project.

Contact Information:

Todd J. Williams, 531-510-8528, todd.j.williams@windstream.com

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. 360.13, ramp gate (closure), I-80 WB on ramp.

R.P. 360.14, camera, right shoulder, L93B Waco.

R.P. 360.15, ramp gate (closure), I-80 EB on ramp.

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

March 4, 2025

The right of way for Project Number 80-8(168), Control Number 42949 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

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Right-of-Way Tracts with Pay Items:

Tract Number Pay Item

None None

• No encroachments on the old right of way

• Acquisition of right of way is not required for this project

NOTICE TO BIDDERS

(Environmental Commitments)

1. Below are the Conservation Conditions that will be required for this project. All conditions and regulations of any permit obtained for this project 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 Fact Sheet. The above condition pertains to potential wetland/water resources described on Attachment 1. If access to any of these areas is required to complete the project construction, the 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.

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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.

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.

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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.

TRAFFIC DISRUPTION

1. This project shall be constructed under traffic with lane closures controlled by approved temporary traffic control.

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.

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.

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.: 42949 Project No.: 80-8(168)

Project Name: Waco to Utica

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

Contact Person: Nick Jenkins, (402) 479-3969

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

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- 14 -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-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)

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

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

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 reevaluation 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 reevaluation 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. (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)

Contact Person: Danielle Hardesty, NEPA Specialist, (402) 479-4300

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

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- 16 -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

Construction Stormwater

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

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

NOTE:

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

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

(402) 472-2657

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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 company) proposing to bid on a contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges and their appurtenances to be let by the Department shall submit a statement showing his/her experience, equipment, and financial condition; except that such statement may not be required for contracts where the estimate of the Engineer is less than one hundred thousand dollars, or of an emergency nature. Such statement shall be under oath and on a form to be provided by the Department and shall be submitted not later than 5 calendar days before the letting of the Contract or Contracts. The statement shall develop fully the financial ability, adequacy of plant and equipment, organization, prior experience, and such other pertinent and material facts as may be desirable. The Department may require additional information at any time. The statements of bidder’s experience, equipment, and financial condition will not be retained in the active file of qualified bidders after the financial condition shown is of a date 15 months prior. Any person whose qualification will expire on or before the date of a letting must submit a new statement and request to be qualified at least 5 calendar days before the letting at which he/she desires to bid. Any person who desires a change in his/her qualification must submit a new statement or a request in writing at least 5 calendar days before the letting at which the change would be effective. Upon the compliance with all laws and rules and regulations relating thereto, such person will be qualified for the amount and class of work to which he/she is entitled. All information furnished the Department shall be confidential.

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

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

4. The use of a “Letter of Credit” as an alternate means of showing financial condition may be permitted when the net amount of the “Letter of Credit” does not exceed $500,000.

The “Letter of Credit” must be from a licensed or chartered financial institution.

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

6. Each person will be notified of the “maximum qualification” established in his/her case by the Department. The “maximum qualification” established may be increased or decreased at any time if, as determined by the Department, the performance record of the bidder warrants such action.

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

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

BID REQUIREMENTS

(1-43-0120)

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

102.07 - - Bid Requirements

1. An Authorization to Bid for work for which prequalification of bidders is required will be issued only to those qualified to bid. A bidder will not be considered as qualified for any particular letting if the bidder’s qualification will expire on or before the date of the letting.

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

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

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

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

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

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

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

PROPOSAL GUARANTY BID BOND (BID BOND)

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

PROPOSAL GUARANTY

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

STORM WATER DISCHARGES

(1-43-0420)

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

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

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When required for these locations, the filing of a “Notice of Intent” shall be made by the Contractor directly to the applicable permitting authority.

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

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

WORKER VISIBILITY

(1-43-0719)

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

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

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

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

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

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

(Federal Immigration Verification System)

(1-43-1217)

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

The Federal Immigration Verification System shall be an electronic verification of the work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program. The Contractor may use an equivalent

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Federal program designated by the United States Department of Homeland Security or other Federal agency authorized to verify the work eligibility status of a newly hired employee. The equivalent program shall comply with the Immigration Reform and Control Act of 1986.

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

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

The Contractor’s Certification shall become part of the final records of the Contract. The Department considers this document to have direct bearing to the beginning interest date and may affect the amount of interest earned.

REQUEST FOR INFORMATION

(1-43-0724)

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

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

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

Manager, after the Project Manager and Contractor coordinate the request and have conducted a review of contract documents for the information requested, if:

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

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

Documents. (Missing Information)

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

Deficiency/ Repair Procedure)

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

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

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

(2) The RFI shall be submitted by the Contractor using the Department’s RFI form or an equivalent PDF form including:

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

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

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

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

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

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

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

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

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

RFI.

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

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

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RIGHT TO WAIVE DEDUCTION FOR NONCONFORMING MATERIAL

(1-43-0424)

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

d. The Engineer reserves the right to waive the cost reduction on nonconforming materials or work if the deduction is less than the Department’s cost for assessing the deduction.

BUY AMERICA

(1-43-1225)

Paragraph 2 of Subsection 1001.03 in the Standard Specifications is void and superseded by the following:

2. With the exception of the Buy America requirements of 106.07 amended herein, materials identified on the Department’s Approved Products List do not require additional methods of acceptance for the approved application.

Subsection 106.07 in the Standard Specifications is void and superseded by the following:

1. The term “Buy America” is defined as all applicable domestic material procurement requirements governing the use of materials subject to the Build America, Buy America requirements detailed in 2 CFR 184 Buy America Preferences for Infrastructure Projects as well as the 23 CFR-635.410 Buy America.

2. The Contractor shall comply with the federal Buy America Act (BAA) requirements of 23 CFR 635.410 and the Build America, Buy America Act (BABA) requirements of 2 CFR 184 and…