Sep 02, 2026

Lincoln - Syracuse Project No. 2-7(123)

Contract ID 13527

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NOTICE TO ALL BIDDERS

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

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

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

LETTING QUESTIONS

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

Questions will not be answered verbally.

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

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TABLE OF CONTENTS

DIVISION 100 GENERAL REQUIREMENTS

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 600 PORTLAND CEMENT CONCRETE PAVEMENTS

DIVISION 1000 MATERIAL DETAILS

FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID

CONSTRUCTION CONTRACTS

EXECUTIVE ORDER 11246

DAVIS-BACON WAGE DETERMINATION

TRAINING SPECIAL PROVISIONS

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SPECIAL PROVISIONS

FOR

FEDERAL AID

PROJECT NO. 2-7(123)

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

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

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

The Required Contract Provisions, Form FHWA 1273, (Rev. 10-23), and the Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity and Standard Federal Equal Employment Opportunity Construction Contract Specifications dated November 3, 1980, are attached to and are a part of this proposal form.

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

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SPECIAL PROSECUTION AND PROGRESS

(Concrete Repairs/Diamond Grinding/Hot Pour Sealant/Penetrating Concrete

Sealant)

The order of work shall be as follows:

1) Perform concrete repairs.

2) Diamond Grinding and Texturing.

3) High Pressure waterblast slurry residue from Diamond Grinding Operation.

4) The Contractor has the option of either performing the hot pour sealing of joints, or performing the application of the penetrating concrete sealer, as the next item of work.

(General Requirements)

1. There are no peak hours for this project.

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

3. The Contractor shall schedule their operations so that all ramps are open to traffic at all times.

4. The Contractor may leave a lane closure up during overnight hours provided the lane closure will be utilized the following day. If the lane closure will not be utilized the following day, the Contractor shall have it removed prior to sunset.

5. The Contractor shall schedule their operations so that all intersections and drives shall be open to traffic at night and at times when the Contractor is not working, unless otherwise directed by the Engineer.

6. The Contractor may utilize a lane closure in each direction. Lane closures will be limited to the length required for that day's work, up to a maximum of 4.0 miles. 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

Accordingly, the Department will only pay for those traffic control devices considered reasonably necessary to protect the actual work area.

When a lane closure is no longer required or is not necessary in the opinion of the Engineer, the Contractor shall have one hour, following notification by the Engineer, to open the closed lane(s) & shoulder(s) to traffic. (See SPECIAL PROSECUTION AND PROGRESS (Assessments), paragraph B or C)

7. The Contractor will be allowed multiple lane closures in each direction with a minimum of

3 miles between closures, unless otherwise directed by the Engineer.

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8. Lane closures shall not be left in place on UNL Football Game Days, Holidays, Saturdays, or Sundays without active work occurring, unless otherwise directed by the Engineer. Lane closures will be permitted on Saturdays and Sundays without active work occurring for the purposes of curing for concrete or as directed by the Engineer.

(Assessments)

A. General

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

B. Station 195 to Station 372 Lane Closure Assessment

From station 195 to station 372, when a lane closure is no longer required or is not necessary in the opinion of the Engineer, the Contractor shall have one hour, following notification by the Engineer, to open the closed lane(s) to traffic. After this one-hour period, the Contractor will incur an assessment of $115 per hour per lane per direction until the closed lane is opened. Any portion of an hour shall be considered a full hour.

C. Station 661 to Station 1450 Lane Closure Assessment

From station 661 to station 1450, when a lane closure is no longer required or is not necessary in the opinion of the Engineer, the Contractor shall have one hour, following notification by the Engineer, to open the closed lane(s) to traffic. After this one-hour period, the Contractor will incur an assessment of $95 per hour per lane per direction until the closed lane is opened. Any portion of an hour shall be considered a full hour.

(Holidays)

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

Memorial and Labor Day holidays:

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

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July 4th holiday:

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

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

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

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

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

(UNL Football Game Day)

1. The Contractor will be required to have all traffic lanes open to traffic on any day that the

University of Nebraska has a home football game (including the Spring game). For a kick-off time of earlier than 1:00 pm, all lanes shall be open to traffic from 3:00 p.m. of the day before the home football game until 9:00 a.m. of the day following the home football game. For a kick-off time of 1:00 pm or later, all lanes shall be open to traffic from 6:00 p.m. of the day before the home football game until 9:00 a.m. of the day following the home football game.

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

(Coordination With Others)

The Contractor for this project shall be required to coordinate signing and construction activities with the Contractor for project STP-S66A(106), CN: 13513, Douglas Spur. This project is scheduled to be let to contract in the December 17, 2026 letting. This project consists of grading, culvert work, guardrail, asphalt milling and resurfacing, and repair two bridges.

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STATUS OF UTILITIES

Project No.: NH-2-7(123) Control No.: 13527 Location: Lincoln - Syracuse

The following information is current as of August 10, 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:

BHE facilities exist near the project area.

Contact Information:

Justin Truong, 402-432-9576, justin.truong@blackhillsenergy.com Ryan Stapaules, Ryan.Stapaules@blackhillscorp.com

Cass County RWD#2 Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

Cass County RWD #2 facilities exist near the project area.

Contact Information:

Mark Hogue, 402-430-7527, ccrwd2hogue@gmail.com

Charter Communications Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

Charter Communications facilities exist near the project area.

Contact Information:

Brian Keiffer, 402-421-0396, 816-539-5017, Brian.Keiffer@charter.com Justin Blomstedt, 402 328-3581, 402-314-9276, Justin.Blomstedt@charter.com

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City of Syracuse Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

City of Syracuse facilities exist near the project area.

Contact Information:

Jeff Vogt, 402-269-5078, publicworks@syracusene.com Kelly Farmer, 402-269-2173, cityclerk@syracusene.com

Great Plains Communications Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

Great Plains Communications facilities exist near the project area.

Contact Information:

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

Kinder Morgan Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

Kinder Morgan facilities exist near the project area.

Contact Information:

Ryan Dahl, 800-781-4152, ryan_dahl@kindermorgan.com

Kinetic Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

Kinetic facilities exist near the project area.

Contact Information:

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

Nebraska City Utilities - Unadilla Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

Nebraska City Utilities - Unadilla facilities exist near the project area.

Contact Information:

Jeffery Kohrs, 402-873-3353 x-626, jeff.kohrs@ncunebcity.com

Logan Crunk, 402-209-2052, Logan.crunk@ncunebcity.com

Nebraska City Utilities Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

Nebraska City Utilities facilities exist near the project area.

Contact Information:

Jeffery Kohrs, 402-873-3353 x-626, jeff.kohrs@ncunebcity.com Logan Crunk, 402-209-2052, Logan.crunk@ncunebcity.com

Northern Natural Gas Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

Northern Natural Gas facilities exist near the project area.

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Contact Information:

Jeff Larson, 402-378-3780, Jeff.Larson@nngco.com

Omaha Public Power District Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

OPPD facilities exist near the project area.

Contact Information:

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

OneOK Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

OneOK facilities exist near the project area.

Contact Information:

Kole Urban, 620-694-1712 (o) 580-750-0158 (c), kole.urban@oneok.com Robert Dickinson, 620-694-1735 (o) 785-735-4856 (c), robert.dickinson@oneok.com

OPTK Networks Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

OPTK Networks facilities exist near the project area.

Contact Information:

Steve Hild, 308-539-5368, Steve.Hild@OPTK.com Chris Stittle , 402-817-1883, Chris.Stittle@OPTK.com

Otoe County RWD #3 Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

Otoe County RWD #3 facilities exist near the project area.

Contact Information:

Scott Brunns, 402-269-7311, ruralwater@futuretk.com

Pinpoint Communications Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

Pinpoint Communications facilities exist near the project area.

Contact Information:

Mark Bennett, 308-920-0136 (c) 800-793-2788 (o), mark.bennett@pnpt.com

Segra Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

Segra facilities exist near the project area.

Contact Information:

Jeremy Beck , 402-860-0869, Jeremy.Beck@segrafiber.com Ryan Tanner, 402-278-4891, ryan.tanner@segrafiber.com John Hunzeker, 402-710-1884, john.hunzeker@segrafiber.com

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Village of Palmyra Are conflicts with this facility anticipated? No.

Description of existing location(s) and facility type:

Village of Palmyra facilities exist near the project area.

Contact Information:

Kondra Jividen, 402-780-5531, palmyra@futuretk.com

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

ITS & LIGHTING

Are conflicts with this facility anticipated? No.

Description of existing location(s):

NDOT owned utilities exist near the project area.

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 13, 2026

The right of way for Project Number 2-7(123), Control Number 13527 has been acquired and tracts listed below.

Unacquired Right-of-Way Tracts as follows:

Tract Number Status of Tract Date of Hearing

None None None

Right-of-Way Tracts with Pay Items:

Tract Number Pay Item

None None

No encroachments on the old right of way

Acquisition of right of way is not required for this project

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NOTICE TO BIDDERS

(Environmental Commitments)

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

CONSERVATION MEASURE FOR ENVIRONMENTALLY SENSITIVE AREAS

1. Any closures to the roadway will be for short duration (less than 24 hours). Closures or detours shall be adequately signed. Emergency Services shall be given adequate notice of and closures.

2. The Contractor shall ensure recreational trail crossings remain accessible through the use of flaggers.

3. The Contractor shall not complete work, stage, stockpile or store materials within the boundaries of public parks, recreation areas and wildlife refuges and access shall be maintained at all times.

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

5. Temporary water pollution prevention practices (including sediment and erosion control measures) are 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.

6. The Contractor shall conduct refueling only within non-wetland and non-stream locations. Areas adjacent to wetlands and/or streams will be avoided. The Contactor shall be responsible for cleanup of spilled fuel or any other Hazardous Materials, such as e Standard Specification Section 107 (Legal Relations and Responsibilities to the Public) to handle and dispose of contaminated material in accordance with applicable laws. The Contractor shall follow Nebraska Department of Environment and Energy (NDEE) notification procedures for all spills in excess of a reportable quantity as defined by NDEE Title 126, Chapter 18.

7. Any items that may contain hazardous materials, such as lead-based paint or asbestos, must be properly handled and disposed of as outlined in the standard specifications.

8. 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 NDOT 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

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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.

GENERAL THREATENED AND ENDANGERED SPECIES CONSERVATION CONDITIONS

CONSERVATION CONDITIONS

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

EARLY CONSTRUCTION STARTS

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

T&E SPECIES

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

REFUELING

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

RESTRICTED ACTIVITIES

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

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

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

WASTE/DEBRIS

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

POST CONSTRUCTION EROSION CONTROL

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

PLATTE RIVER DEPLETIONS

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

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

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

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

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

WESTERN PRARIE FRINGED ORCHID

1. For activities within suitable habitat for the listed Western Prairie Fringed Orchid where a NE determination is made, include the following mitigation measure:

a.

equipment shall be located in areas that are frequently disturbed, such as, but not limited to, field entrances, crop fields, abandoned roadway, farmsteads, and roads.

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

BALD AND GOLDEN EAGLE PROTECTION ACT

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

Contract ID 13527

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STATUS OF ENVIRONMENTAL COMMITMENTS

Control No. 13527 Project No. NH-2-7(123) Project Name: Lincoln - Syracuse

Reviewed and Approved by:

Christina Bavougian 402-479-

4/10/2026

Environmental Project Manager Phone No. Date

Floodplain Permit Required Yes Received:

No

Historic Clearance Yes Reviewed and Approved

No KMT 2/11/2026 initials Date

Comments: No Historic Properties Affected

Threatened & Endangered Species Clearance Required Yes

Final Biological Assessment Approved 9/09/2025

Reviewed and Approved

NGPC NA

USFWS NA MG 4/10/2026

No initials Date

Comments: No Effect

Environmental Clearance Yes NDOT or FHWA MCE Approved 2/11/2026

Reviewed and Approved

N/A

CPC 2/12/2026

initials Date

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ENVIRONMENTAL COMMITMENTS

Control No.: 13527 Project No.: NH-2-7(123)

Project Name: Lincoln - Syracuse

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)

To Avoid Impacts to the Community:

Any closures to the roadway will be for short duration (less than 24 hours). Closures or detours shall be adequately signed. Emergency services shall be given adequate notice of any closures. (Contractor)

The Contractor shall ensure recreational trail crossings remain accessible through the use of flaggers. (Contractor)

The Contractor shall not complete work, stage, stockpile or store materials within the boundaries of public parks, recreation areas and wildlife refuges and access shall be maintained at all times. (Contractor)

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)

To Avoid Impacts to Wetlands, Waters of the United States, and Stormwater:

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 rea that is known to pond water, swampy areas or areas supporting known wetland vegetation or areas where there is a distinct difference in vegetation (at lower elevations) from the surrounding upland areas. (Contractor)

The Contractor shall conduct refueling only within non-wetland and non-stream locations. Areas adjacent to wetlands and/or streams will be avoided. The Contactor shall be responsible for cleanup of spilled fuel or any other Hazardous Materials, such as e Standard Specification Section 107 (Legal Relations and Responsibilities to the Public) to handle and dispose of contaminated material in accordance with applicable laws. The Contractor shall follow Nebraska Department of Environment and Energy (NDEE) notification procedures for all spills in excess of a reportable quantity as defined by NDEE Title 126, Chapter 18.

Temporary water pollution prevention practices (including sediment and erosion control measures) are 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)

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To Avoid Hazardous Material Concerns:

Any items that may contain hazardous materials, such as lead-based paint or asbestos, must be properly handled and disposed of as outlined in the standard specifications.

(Contactor)

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

Contractor Commitment. If contaminated soils/groundwater or unexpected wastes are discovered, the Contractor shall stop all work within the immediate area. The Contractor shall limit access to authorized personnel within the area of the discovery and notify the NDOT 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: Courtney Ziska, NEPA Team Lead, (402) 479-4890

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)

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A-4 T&E Species. If federal or state listed species are observed during construction, the Highway Project Manager will contact NDOT Environmental Section to determine if additional species conservation conditions would be required prior to continuing project construction activities. Contact NDOT Environmental for a reference of federal and state 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 Park Commission website to determine which species ranges occur within the off-site area. The contractor should plan accordingly for any species surveys that may be required to approve the use of a borrow site, or other off-site activities. The contractor protocols can be found, to estimate the level of effort and timing requirements for surveys.

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

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

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

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

S-2 Platte River Depletions. 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

- 20 -depletions, but may still require agency coordination; a project which: a) creates an annual depletion less than 0.1 acre feet, b) creates a detention basin that detains water for less than 72 hours, c) diverted water that will be returned to its natural basin within 30 days, or d) creates a onetime depletion of less than 10 acre feet. (NDOT Roadway Design, Contractor)

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

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

R-4 Western Prairie Fringed Orchid. For activities within suitable habitat for the listed

Western Prairie Fringed Orchid where a NE determination is made, include the following mitigation measure: Asphalt plants and staging areas for construction supplies and but not limited to, field entrances, crop fields, abandoned roadway, farmsteads, and roads. If this is not possible, the contractor shall coordinate with NDOT Environmental with a site plan showing the desired staging/stockpile location(s), which will be sited in such a way as to avoid impacting protected species. (Contractor)

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)

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

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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.

Department to guarantee complete payment and performance of the contract.

PREQUALIFICATION OF BIDDERS

(1-43-0720)

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

102.01 - - Prequalification of Bidders

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

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

3. The use of a Certification of Surety as a means of showing financial condition in such statement will be permitted. The applicant shall furnish a certified statement from a

- 27 -bonding agency licensed to do business in the state of Nebraska. The certification shall be made on bonding firm letterhead and indicate the total maximum bonding coverage

4.

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

6.

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

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

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

BID REQUIREMENTS

(1-43-0120)

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

102.07 - - Bid Requirements

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

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

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

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

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

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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).

Contractor directly to the applicable permitting authority.

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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…