PROPOSAL FORM

NEBRASKA DEPARTMENT OF TRANSPORTATION

LETTING DATE: August 27, 2026

LETTING TIME: 1:30 PM

CALL ORDER: 400

CONTROL NO. SEQ. NO.: 42778 000

TENTATIVE START DATE: 04/26/2027

LOCATION: N-4, DAVENPORT WEST

IN COUNTIES: THAYER, NUCKOLLS

CONTRACT ID: 42778

PROJECT NO.: STP-4-5(106)

CONTRACT TIME: 125 Working Days

DBE GOAL: N/A

PREQUALIFICATION CLASS: 9,10 -

BITUMINOUS, GENERAL (ALL CLASSES)

COMBINED BID REQUIREMENTS: N/A

GROUP 1

GROUP 4

GROUP 5

GROUP 6

GROUP 6A

GROUP 7

GROUP 9

GROUP 10

GRADING

CULVERTS

SEEDING

BRIDGE AT STATION 84+93.00

BRIDGE AT STATION 586+23.00

GUARDRAIL

BITUMINOUS

GENERAL ITEMS

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P R

O F

E S

IO

NAL CIVIL

E

N G I N

E E

R

S T

A T

E

OF NEBRA

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K A

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E-9403

McCULLOUGH

STEVEN

Jul 16, 2026

Davenport West Project No. 4-5(106)

Contract ID 42778

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NOTICE TO ALL BIDDERS

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

The U.S. Department of Transportation (DOT) operates the above toll-free “hotline” Monday through Friday, 8:00 a.m. to 5:00 p.m. eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report such activities.

The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially, and caller anonymity will be respected.

LETTING QUESTIONS

Prior to the letting, any questions pertaining to the Special Provisions or the Plans for this project should be submitted to NDOT in a written format through the Bid Express (BidX) website at https://www.bidx.com/ne/lettings. Likewise, NDOT will post answers exclusively to the BidX website. All official answers will be identified as “Authorized by NDOT.” Questions will not be answered verbally.

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

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TABLE OF CONTENTS

DIVISION 100 – GENERAL REQUIREMENTS

SPECIAL PROSECUTION AND PROGRESS

STATUS OF UTILITIES

STATUS OF RIGHT-OF-WAY

ENVIRONMENTAL COMMITMENTS

DIVISION 100 – GENERAL REQUIREMENTS AND COVENANTS

DIVISION 200 – EARTHWORK

DIVISION 300 – SUBGRADE PREPARATION, FOUNDATION COURSES,

BASE COURSES, SHOULDER CONSTRUCTION, AND

AGGREGATE SURFACING

DIVISION 400 – LIGHTING, SIGNS, AND TRAFFIC CONTROL

DIVISION 500 – BITUMINOUS PAVEMENT

DIVISION 600 – PORTLAND CEMENT CONCRETE PAVEMENTS

DIVISION 700 – BRIDGES, CULVERTS, AND RELATED CONSTRUCTION

DIVISION 800 – ROADSIDE DEVELOPMENT AND EROSION CONTROL

DIVISION 900 – INCIDENTAL CONSTRUCTION

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. 4-5(106)

GENERAL CONDITIONS

(1-1-0826)

Bids for the work contemplated in this proposal form will be received at the office of the Nebraska Department of Transportation in Room 109 of the Central Office Building at 1500 Nebraska Parkway at Lincoln, Nebraska, until the date and time shown on page 1 of the Proposal.

a. Bids submitted by mail should be addressed to the Nebraska Department of Transportation, c/o Contract Lettings Section, P.O. Box 94759, Lincoln, NE 68509-4759.

b. Bids submitted electronically over the internet, shall be submitted using www.bidx.com.

Contractors contemplating submitting a bid for this contract must submit a request to bid via the Department’s ‘Request for Bidding Document’ website at: https://dot.nebraska.gov/business-center/bid-request-planholder-registration/. An Authorization to Bid will only be issued to, and bids accepted from, Contractors who are prequalified for the Prequalification Class indicated on page 1 of the Proposal Form.

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

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

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

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

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SPECIAL PROSECUTION AND PROGRESS

(Milling/Asphaltic Concrete Placement)

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

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

(Weight Restrictions/Milling/Asphaltic Concrete Placement)

A Class I Material Transfer Vehicle (MTV) will have load restrictions during placement of the bottom lift. The Class I MTV shall be equipped with a “warning light” system having a daytime visibility that is satisfactory to the Engineer and which activates at a pre-determined limiting value of not more than 16 tons, and remains activated until the quantity of material in the hopper becomes less than that pre-determined limiting value. [Example: Maximum hopper capacity is 25 tons and a “warning light” activates (e.g. comes on, changes color, starts blinking, etc.) when the hopper is 60% full. The “pre-determined limiting value” is 15 tons (0.6 x 25 ton)]

A Class I MTV shall not be used to place asphaltic concrete in areas of load restrictions if the MTV’s hopper is loaded with 16 tons or more of material.

When the warning light indicates that the MTV is loaded to the pre-determined limiting value, the Contractor shall immediately take steps to reduce the rate of inflow of asphaltic concrete into the MTV hopper. The MTV shall not be used to place asphaltic concrete after it has placed a nominal 50 tons (e.g. 2-truckloads) of asphaltic concrete while the warning light is activated.

Any asphaltic concrete in front of the MTV shall be relocated until the MTV reaches an approximate 10-ton loading level or less. Any damage caused while the MTV was overloaded shall be repaired to the satisfaction of Engineer at no cost to the Department of Transportation.

Before the MTV and warning light system is used, the Contractor shall provide to the field inspection team members:

1. A demonstration of the functionality of each light’s activation states (off, on, blinking variations, etc.) for all lights on the system.

2. The pre-determined limiting value (target maximum of material in the MTV’s hopper).

3. A demonstration of how the warning light system shall indicate when the pre-determined limiting value is reached.

If in the opinion of the Engineer the Contractor is unable to consistently maintain a maximum hopper capacity of not more than 16 tons, the allowance to use a Class I MTV in-place of a Class II MTV will be revoked for the entire project.

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(General Requirements)

1. The Plans and these Special Provisions depict phasing sequences and construction sequences that are to be used in the construction of this project. Any deviation from these phasing sequences and construction sequences shall require the written approval of the Engineer.

2. The Contractor shall be required to install new guardrail prior to shifting traffic to the next phase(s), completing the last phase, or as directed by the Engineer

(Open-Cut Culverts)

1. When constructing the open cut culverts the Contractor shall be required to construct each one 1/2 at a time utilizing flagging operations. Traffic shall be returned to normal two-lane, two-way traffic at the end of each day. Any deviation from this requirement shall require approval of the Engineer.

2. If temporary shoring is necessary to construct the above mentioned culvert replacements, it shall be considered subsidiary to other items of work for which direct payment is made.

(Traffic Control Management)

Traffic Control Management shall be utilized for the Core Out Area(Station 255+26 to 260+54), Group 6, and 6A work only, when a temporary traffic signal is being utilized, unless otherwise directed by the Engineer.

(Migratory Bird Responsibility)

1. The Contractor will be responsible for preventing migratory birds from nesting on this project until the tentative start date or an approved, earlier, Contractor-requested start date, whichever occurs first, and throughout the duration of this project, in accordance with the Standard Specifications and other provisions contained in the contract.

2. After receipt of the Notice to Proceed, and prior to the date established in the Notice to

Proceed, and after notifying the Department, the Contractor may perform any environmentally related tasks to satisfy environmental commitments or avoid environmental impacts without the charge of working or calendar days.

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(Coordination With Others)

The Contractor for this project shall be required to coordinate signing and construction activities with the Contractor for Project STP-14-1(125), Nelson North, CN 42945. This project is scheduled to be let to contract in the November 19, 2026 letting. This project consists of concrete repairs, culvert work, resurfacing the surfaced shoulders with asphalt, and bridge repairs.

STATUS OF UTILITIES

Project No.: 4-5(106) Control No.: 42778 Location: Davenport West

The following information is current as of June 24, 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.

The Contractor should request a utility status update at the project pre-construction conference, and/or prior to start of work. Any utility adjustments or interruption of service for the convenience of the Contractor shall be the sole responsibility of the Contractor.

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

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

Black Hills Energy Are conflicts with this facility anticipated? NO Description of existing location(s) and facility type:

Black Hills Energy has existing gas facilities that undercross N-4 at the following locations:

• East of the intersection with Road 4300, at approximately Sta. 380+23.

• Parallel to N-4 on the north side of ROW on private easement from approximate Sta. 676+00 to Sta. 697+00.

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

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

NPPD does not have facilities in the project area.

Contact Information:

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

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

Description of existing location(s) and facility type:

South Central Public Power District has overhead electrical facilities throughout the project area.

• Beginning with a pole at approximate Sta. 13+60 on the south side of the ROW then overcrossing to a pole at approximate Sta. 17+00.

• Continuing east near the north ROW line and crossing on to private easements to Road 3700 with two overcrossings from a pole at the NE corner of the intersection. The first to a pole at the SW corner of the intersection and the other to a pole near the south ROW at approximate Sta. 65+70.

• Continuing east near the south ROW and on private easements to an overcrossing at approximate Sta. 101+95.

• Continuing east to a pole at approximate Sta. 116+70

• Beginning again with an overcrossing at approximate Sta. 182+40 from a pole on private property north of ROW to a pole sear the south ROW.

• Continuing east near the south ROW and on private easements to an overcrossing at approximate Sta. 243+60 with a line extending back to the west to a pole at approximate Sta. 240+60.

• Continuing east near the south ROW and on private easements to an overcrossing west of the intersection with Road 4100 at approximate Sta.

273+30.

• Continuing east near the south ROW and on private easements to and overcrossing near Sta. 300+35.

• Continuing east near the south ROW and on private easements to an overcrossing on the east side of the intersection with Road 4200 at approximate station 326+95

• Continuing east near the south ROW and on private easements to approximate

Sta. 351+50.

• Beginning again with a pole on the south side of the ROW at approximate Sta.

317+20 then overcrossing to a pole on the north side of ROW at approximate

Sta. 318+25.

• Continuing east near the north ROW to the east side of the intersection with

Road 4400.

• Beginning again with an overcrossing west of the intersection with Road 4500 from a pole near the north ROW to a pole near the south ROW at approximate

Sta. 484+10.

• Continuing east near the south ROW and on private easements to an overcrossing at approximate Sta. 611+50.

• Continuing east near the south ROW and on private easements to an overcrossing at approximate Sta. 671+60.

• Continuing east near the south ROW and on private easements to the end of the project.

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Dale Endorf, 402-225-2351, dale@southcentralppd.com

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

Tallgrass Energy has an existing 6-inch high-pressure natural gas pipeline that undercrosses N-4 at approximate Sta. 677+00.

Forbes Miner, 303-763-3133 or 847-828-4593, forbes.miner@tallgrass.com

Viaero Fiber Networks Are conflicts with this facility anticipated? NO Description of existing location(s) and facility type:

Viaero Fiber Networks does not have facilities in the project area.

Contact Information:

Shannon McKenzie, O: 970-467-3159, M: 970-467-4040, shannon.mckenzie@viaero.com

Windstream Communications Are conflicts with this facility anticipated? YES Description of existing location(s) and facility type:

Windstream Communications has buried cable throughout the project and will be making abandonments at the following locations:

• At the intersection with 3800 Road the cable undercrosses N-4 and continues west on the south side.

• At the intersection with 4100 Road the cable undercrosses and continues east and west on the south side.

• At the intersection with 4400 Road the cable undercrosses and continues west on the south side.

Relocation Work and Schedule:

Windstream Communications will be cutting cable at pedestals north of the intersections, abandoning cables that run parallel to N-4. Abandonment work will be completed prior to beginning of project construction.

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

NDOT Owned Utilities There are NO existing NDOT Owned Utilities within the project limits.

STATUS OF RIGHT OF WAY

March 19, 2025

The right of way for Project Number 4-5(106), Control Number 42778 has been acquired and physical possession is held by the State of Nebraska and ready for the contractor’s use, except tracts listed below.

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Unacquired Right-of-Way Tracts as follows:

Tract Number Status of Tract Hearing Date

None None None

Right-of-Way Tracts with Pay Items:

Tract Number Pay Items

None None

• No encroachments on the old right of way.

• The right of way has been acquired in accordance with the Federal Highway Administration directives covering the acquisition of real property.

• All right of way clearance has been completed.

• All necessary rights of way, including control of access rights when pertinent, have been acquired including legal and physical possession.

• No individual or families were required to be relocated.

• Steps relative to relocation advisory assistance and payments for business and moving personal property as required by the current Federal Highway Administration directives covering the administration of the Highway Relocation Assistance Program are not required.

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.

WETLANDS

1. The project is subject to a Nationwide Section 404 Permit #3 for impacts to waters of the

State. The Contractor shall adhere to the permit conditions, including regional and general conditions, during construction. All wetlands/waters within the project area that are not permitted for impacts shall be avoided.

2. All Nationwide Permit General and Special Conditions and Nebraska Regional Conditions will be followed, as applicable. Based on the project scope (NDOT Control No. 42778), the items indicated with checkmarks in the attached NWP 3 Non-Notifying Form and Notifying NWP 3 appear to be applicable and relevant to the contractor and project manager.

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3. Regulated Wetlands and/or Water Resources for this project have been identified and delineated by NDOT. The Contractor shall not drive through, stage, store, waste or stockpile materials and equipment within delineated wetland boundaries (Wetlands – Do Not Disturb) and/or environmentally sensitive areas (Sensitive Area – Do Not Disturb) as shown in the project plan aerial sheets and/or the erosion control plan sheets included in the plan set.

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

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Matrix agreement (on NDOT’s website), where species survey protocols can be found, to estimate the level of effort and timing requirements for surveys.

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

WASTE/DEBRIS

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

POST CONSTRUCTION EROSION CONTROL

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

PLATTE RIVER DEPLETIONS

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

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

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

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

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

NORTHERN LONG-EARED BAT

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

WHOOPING CRANE

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

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OR

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

a. N-4 MM 84.76 - MM 88.55 and MM 94 to MM 96 (location of suitable habitat), prior to the start of daily construction activities.

3. If species are present, the Engineer will notify the Contractor to stop work within ½ mile of the Whooping Crane and follow the protocol to determine when work can resume (also not initiate work if species is found in the morning survey). Options for resuming work may include but are not limited to:

a. Construction activities are limited to the hours from 10:00 am to 4:00 pm

(CST) during the migration period, unless morning survey indicates Whooping Cranes are not present.

b. If a Whooping Crane is observed during the survey within ½ mile of the project but departs the area (further than ½ mile from the project), then work can resume. Document this departure according to protocol.

BALD AND GOLDEN EAGLE PROTECTION ACT

1. Suitable Bald Eagle nesting and/or roosting habitat exists within 0.5 miles of the

Environmental Study Area. If construction will begin between February 1 and April 15, a nest survey 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.

NEPA COMMITMENTS

TRAFFIC DISRUPTION

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

ACCESS DISRUPTION

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

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NIGHTTIME WORK

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

SECTION 106 COMMITMENTS

1. Sensitive Areas have been identified along this project at the following locations:

a. Smith Cemetery located between MM 85.12 to MM 85.20 on the north side of N- 4 (STA 35+73 to STA 39+82 Lt)

b. The second Sensitive Area includes the area between MM 86.53 to MM 86.65

(STA 113+34 to STA 119+77 Rt)

No grading or project activities, including but not limited to, working, staging, borrowing, stockpiling, or storing material and/or equipment, shall occur within the boundary of the Sensitive Area(s).

Within the boundaries of the Sensitive Area between MM 86.53 to MM 86.65 (STA 113+34 to STA 119+77 Rt), driving is allowed within the existing ROW.

UNEXPECTED WASTE

1. If contaminated soils/groundwater or unexpected wastes are discovered, the Contractor shall stop all work within the immediate area. The Contractor shall limit access to authorized personnel within the area of the discovery and notify the Engineer. The Contractor shall not reenter the discovery area until notified by the Engineer. At the time of discovery, the Engineer and Contractor shall utilize the NDOT Unexpected Waste Action Plan (UWAP) to coordinate appropriate actions. The Contractor is required by NDOT's Standard Specification Section 107.11 (Hazardous Material Discoveries) to handle and dispose of regulated material in accordance with applicable laws.

BORROW SITE

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

2. The Contractor shall have a staging area for the project where material and equipment for the project is stored (e.g., re-steel, forms, etc.). The Contractor shall be required to dispose of material removed as part of the project described above and miscellaneous obstructions encountered and removed along the project. The disposal shall be the responsibility of the Contractor. A waste site may be needed. The Contractor shall be responsible to obtain all permits and clearances and all conditions of those permits shall be followed.

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CONSTRUCTION STORMWATER

1. This project requires a Construction Stormwater Permit and that a Storm Water Pollution

Prevention Plan (SWPPP) be maintained for the project. The Contractor shall understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with activity from the construction site. For reference, the general permit is posted on the Department’s website.

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STATUS OF ENVIRONMENTAL COMMITMENTS

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ENVIRONMENTAL COMMITMENTS

Control No.: 42778 Project No.: STP-4-5(106)

Project Name: Davenport West

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.

Wetlands

The project is subject to a Nationwide Section 404 Permit #3 for impacts to waters of the U.S.

The Contractor shall adhere to the permit conditions, including regional and general conditions, during construction. All wetlands/waters within the project area that are not permitted for impacts shall be avoided. (Contractor)

All Nationwide Permit General and Special Conditions and Nebraska Regional Conditions will be followed, as applicable. Based on the project scope (NDOT Control No. 42778), the items indicated with checkmarks in the attached NWP 3 Non-Notifying Form and Notifying NWP 3 appear to be applicable and relevant to the contractor and project manager. (Contractor, District Construction)

Regulated Wetlands and/or Water Resources for this project have been identified and delineated by NDOT. The Contractor shall not drive through, stage, store, waste or stockpile materials and equipment within delineated wetland boundaries (Wetlands – Do Not Disturb) and/or environmentally sensitive areas (Sensitive Area – Do Not Disturb) as shown in the project plan aerial sheets and/or the erosion control plan sheets included in the plan set.

(Contractor, District Construction)

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

General Threatened and Endangered Species Conservation Conditions

A-1 Changes in Project Scope. If there is a change in the project scope, the project limits, or environmental commitments, the Highway Project Manager shall coordinate with the NDOT Environmental Section to evaluate potential impacts prior to implementation.

Environmental commitments are not subject to change without prior written approval from the NDOT Environmental Section. (District Construction)

A-2 Conservation Conditions. Conservation conditions are to be fully implemented within the project limits as shown on the plans. (District Construction, Contractor)

A-3 Early Construction Starts. Contractor requests for early construction starts must be coordinated by the Project Construction Engineer with the NDOT Environmental Section for approval to ensure avoidance of listed species sensitive lifecycle timeframes. Early start requests may require consultation with the USFWS and NGPC. Agency coordination time will vary depending on species and project location. (District Construction, Contractor)

A-4 T&E Species. If federal or state listed species are observed during construction, the

Highway Project Manager will contact NDOT Environmental Section to determine if additional species conservation conditions would be required prior to continuing project construction activities. Contact NDOT Environmental for a reference of federal and state

- 18 -listed species. Coordination with the USFWS and NGPC may be required depending on the species identified and construction activities. (NDOT Environmental, District Construction, Contractor)

A-5 Refueling. Refueling will be conducted outside of those sensitive areas identified on the plans, in the contract, and/or marked in the field. (Contractor)

A-6 Restricted Activities. The following project activities shall, to the extent possible, be restricted to between the beginning and ending points (stationing, reference posts, mile markers, and/or section-township-range references) of the project, within the right-of-way designated on the project plans: borrow sites, burn sites, construction debris waste disposal areas, concrete and asphalt plants, haul roads, stockpiling areas, staging areas, and material storage sites.

For activities outside the project limits, the contractor should refer to the Nebraska Game and Parks Commission website to determine which species ranges occur within the off-site area. The contractor should plan accordingly for any species surveys that may be required to approve the use of a borrow site, or other off-site activities. The contractor should review the T&E Matrix agreement (on NDOT’s website), where species survey protocols can be found, to estimate the level of effort and timing requirements for surveys.

Any project related activities that occur outside of the project limits must be environmentally cleared/permitted with the Nebraska Game and Parks Commission as well as any other appropriate agencies by the contractor and those clearances/permits submitted to the District Construction Project Manager prior to the start of the above listed project activities. The contractor shall submit information such as an aerial photo showing the proposed activity site, a soil survey map with the location of the site, a plan-sheet or drawing showing the location and dimensions of the activity site, a minimum of 4 different ground photos showing the existing conditions at the proposed activity site, depth to ground water and depth of pit, and the “Platte River depletion status” of the site.

The contractor must receive notice of acceptance from NDOT environmental, prior to starting the above-listed project activities. These project activities cannot adversely affect state and/or federally listed species or designated critical habitat. (NDOT Environmental, District Construction, Contractor)

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

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

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

S-2 Platte River Depletions. To the maximum extent practical, efforts will be made to design the project and select borrow sites to prevent depletions to the Platte River. If there is any potential to create a depletion, NDOT (during design) and the Contractor (for borrow sites) shall follow the current Platte River depletion protocols for coordination, minimization, and mitigation. In general, the following are considered de minimis depletions, but may still require agency coordination; a project which: a) creates an

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

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

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

Northern Long-eared Bat:

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

TRTAMM 1 Modify all phases/aspects of the project (e.g., temporary work areas, alignments) to the extent practicable to avoid tree removal/trimming in excess of what is required to implement the project safely. (Design, District, Contractor)

TRTAMM 2 Ensure tree removal/trimming is limited to that specified in project plans and ensure that contractors understand clearing limits and how they are marked in the field (e.g., install bright colored flagging/fencing prior to any tree removal/trimming to ensure contractors stay within clearing limits). (Design, District, Contractor)

TRTAMM 3 Ensure tree removal/trimming is limited to the inactive season, occurs within 100 ft of the road/rail surface, and is outside of documented habitat for the Indiana bat, NLEB, and TCB. (District, Contractor)

Whooping Crane:

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

OR

WC-2 If construction activities occur during Whooping Crane migration periods (Spring migration: March 6 – April 29; and fall migration: October 9 – November 15), NDOT trained personnel, or a qualified biologist, will conduct surveys according to protocol at the following locations: N-4 MM 84.76 - MM 88.55 and MM 94 to MM 96 (location of suitable habitat). (prior to the start of daily construction activities). If species are present the District will notify the

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Contractor to stop work within 1/2 mile of the whooping crane and follow the protocol to determine when work can resume (also not initiate work if species is found in the morning survey). Options for resuming work may include but are not limited to (NDOT Environmental, Construction, Contractor):

• Construction activities are limited to the hours from 10:00 a.m. to 4:00 p.m. (CST) during the migration period, unless morning survey indicates Whooping Cranes are not present.

• If a whooping crane is observed during the survey within ½ mile of the project but departs the area (further than ½ mile from the project), then work can resume.

Document this departure according to protocol.

AND

WC-3 Herbaceous species used for re-seeding within ¼ mile of the following location: N-4 MM

84.76 - MM 88.55 and MM 94 to MM 96 (location of suitable habitat) will be native grass or forb species. Native shrub or woody species used in restoration should reach no more than 4 feet in height at maturity. (Design, NDOT Environmental).

Bald and Golden Eagle Protection Act

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

NDOT Construction Project Managers should contact NDOT Environmental at 402-479-4119 or matthew.greiner@nebraska.gov at least 30 days prior to construction start to schedule required surveys.

Contact Person: Matt Greiner, Ecologist, (402) 479-4119

NEPA Commitments

Utilities

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

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

(NDOT District, Utility Provider (s))

Traffic Disruption

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

Access Disruption

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

(Contractor)

Public Involvement

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

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

Contact Person: Talon Oconner, NEPA Specialist, (402) 479-3553

Section 106 Commitments

Sensitive Areas have been identified along this project. The first Sensitive Area includes the Smith Cemetery located between MM 85.12 to MM 85.20 on the north side of N-4 (STA 35+73 to STA 39+82 Lt). The second Sensitive Area includes the area between MM 86.53 to MM

86.65 (STA 113+34 to STA 119+77 Rt). No grading or project activities, including but not limited to, working, staging, borrowing, stockpiling, or storing material and/or equipment, shall occur within the boundary of the Sensitive Area(s). (Contractor)

Within the boundaries of the Sensitive Area between MM 86.53 to MM 86.65 (STA 113+34 to STA 119+77 Rt), driving is allowed within the existing ROW. (Contractor)

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

Unexpected Waste

If contaminated soils/groundwater or unexpected wastes are discovered, the Contractor shall stop all work within the immediate area. The Contractor shall secure the area of the discovery and notify the Highway Project Manager (HPM). The Contractor shall not reenter the discovery area until notified by the HPM. At the time of discovery, the HPM and Contractor shall utilize the

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

Contractor Commitment

If contaminated soils/groundwater or unexpected wastes are discovered, the Contractor shall stop all work within the immediate area. The Contractor shall limit access to authorized personnel within the area of the discovery and notify the Highway Project Manager (HPM). The Contractor shall not reenter the discovery area until notified by the HPM. At the time of discovery, the HPM and Contractor shall utilize the NDOT Unexpected Waste Action Plan (UWAP) to coordinate appropriate actions. The Contractor is required by NDOT's Standard Specification Section 107.11 (Hazardous Material Discoveries) to handle and dispose of regulated material in accordance with applicable laws.

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

Borrow Site

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

(Contractor)

The Contractor shall have a staging area for the project where material and equipment for the project is stored (e.g. re-steel, forms, etc.). The Contractor shall be required to dispose of material removed as part of the project described above and miscellaneous obstructions encountered and removed along the project. The disposal shall be the responsibility of the Contractor. A waste site may be needed. The Contractor shall be responsible to obtain all permits and clearances, and all conditions of those permits shall be followed. (Contractor)

Contact Person: Carson Jones, Roadside Development Team Lead, (402) 479-3642

Construction Stormwater

This project requires a Construction Stormwater Permit and a Storm Water Pollution Prevention Plan (SWPPP) be maintained for the project. The Contractor shall understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with activity from the construction site. For reference, the general permit is posted on the Department’s website. (Contractor)

Contact Person: Brian Anderson, Stormwater and Erosion Control Specialist, (402) 479-4538

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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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STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

Project No. STP-4-5(106), CN 42778, Davenport West (MS) SWPPP Prepared by: Ronald Poe, PLA, CPESC

The project has been permitted under the terms and conditions of the current Nebraska Department of Energy and Environment (NDEE) General NPDES for Storm Water Discharges from Construction Sites to Waters of the State of Nebraska (Construction Stormwater Permit) (Part I.A). The Contractor shall understand the requirements of the contract, Construction Stormwater Permit and other environmental permits and commitments associated with the project. Additional environmental permits and commitments may be more restrictive than those identified in the Construction Stormwater Permit. References to the permit requirements are provided throughout the SWPPP. The Engineer will update information in the SWPPP and on the Temporary Erosion Control Plan (TECP) to reflect the current project site conditions.

a. PROJECT SITE LOCATION (Part IV.B.1.d): This project is 12.9 miles in length and is located on N-4 in Nuckolls County, starting 0.13 miles east of the intersection of N-4 and N-14 and extends east to the Nuckolls/Thayer County Line.

b. A site location map is provided on the Title Page of the construction plan set.

PROJECT DESCRIPTION (Part IV.B.1.a): The improvements on this project consist of milling and resurfacing the roadway with asphalt, guardrail repairs, culvert work, and bridge repairs.

Grading beyond the hinge point may be required at spot locations.

The bridge over the Little Blue River (Structure Number S004 08599) will be repaired. A grade raise of the entire structure is not anticipated. Work will not be required in the waterway.

Guardrail will be replaced.

The bridge over Big Sandy Creek (Structure Number S004 09554) will be repaired. A grade raise of the entire structure is not anticipated. Work will not be required in the waterway.

Guardrail will be replaced.

PROPOSED SEQUENCING OF MAJOR CONSTRUCTION ACTIVITIES (Part IV.B.1.b): The contractor shall provide a construction progress schedule detailing the intended sequencing, phasing, and timing of activities that disturb land within the project limits. Final site stabilization must be included in the schedule (Part IV.B.2.i). Temporary erosion and sediment control shall be shown on the construction schedule as an ongoing activity throughout the construction process.

a. The SWPPP must be implemented from the commencement of construction until final stabilization of the project is achieved.

b. Upon final stabilization of a portion of the project, the Engineer may note on the

Temporary Erosion Control Plan that the area is stabilized and SWPPP inspection requirements will no longer apply to that portion of the project.

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