Bid Notice- N-44_ US-6 - Platte River - Bridge Repair _ Culvert Work.pdf

PROPOSAL FORM

NEBRASKA DEPARTMENT OF TRANSPORTATION

LETTING DATE: August 27, 2026

LETTING TIME: 1:30 PM

FLEXIBLE SCHEDULE

CALL ORDER: 705

CONTROL NO. SEQ. NO.: 71270 000

EARLY START DATE: 03/01/2027

TENTATIVE START DATE: 05/03/2027

LOCATION: N-44, US-6 - PLATTE RIVER

IN COUNTY: KEARNEY

CONTRACT ID: 71270

PROJECT NO.: STP-44-1(107)

CONTRACT TIME: 100 Working Days

DBE GOAL: N/A

PREQUALIFICATION CLASS: 9,10 -

BITUMINOUS, GENERAL (ALL CLASSES)

COMBINED BID REQUIREMENTS: N/A

GROUP 1

GROUP 4

GROUP 4A

GROUP 5

GROUP 7

GROUP 8

GROUP 9

GROUP 10

GRADING

CULVERTS

CULVERT AT STATION 383+64

SEEDING

GUARDRAIL

MISCELLANEOUS

BITUMINOUS

GENERAL ITEMS

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P R

O F

E S

IO

NAL CIVIL

E

N G I N

E E

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S T

A T

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OF NEBRA

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K A

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E-9403

McCULLOUGH

STEVEN

Jul 13, 2026

US-6 – Platte River Project No. 44-1(107)

Contract ID 71270

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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 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. 44-1(107)

GENERAL CONDITIONS

(1-1-0826)

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

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

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

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

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

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

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

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

SPECIAL PROSECUTION AND PROGRESS

(Milling/Asphaltic Concrete Placement)

Traffic shall be limited to 14 days on any surface milled greater than 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.

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(Milling/ Asphaltic Concrete Placement for New Right Turn Lane)

The top lift of asphaltic concrete shall be placed with the mainline overlay.

(General Requirements)

1. The Contractor shall install, maintain, and remove all signs and devices for the detour route. Detour signs will be provided by the NDOT as per standard practice for project signing. The detour route signing plan will be provided by the NDOT at the Preconstruction Conference. Paragraph 3. of Subsection 104.04 in the Standard Specifications is void.

2. Detour shall not be in place before June 1, 2027 without the written approval of the

Engineer.

3. The Contractor shall close the field drives at Stations 334+57, 344+87, and 347+60 for a maximum of 8 hours at each of these locations to construct the new culvert pipes. The Contractor shall coordinate the 8 hour closure at each of these locations with the Engineer and the Landowner. The Contractor shall not have closures at Stations 344+87 and 347+60 concurrently. Any closure exceeding 8 hours shall have the written approval of the Engineer.

4. The Contractor shall use the vibratory method for sheet pile driving due to the proximity to homes.

5. The Contractor shall complete all work between Reference Post 46.63 to 48.46 by

October 9th, 2027 to avoid impacts to the Whooping Crane.

6. The Contractor shall be aware that the abandon pipe at Station 383+24 is full of flowable fill. There was a void under the roadway when the pipe was filled. Contractor shall have a mass of concrete to remove when removing this pipe.

(Assessments)

A. General

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

B. Detour Assessment

The Contractor will be allowed to close Highway N-44 for a period of 14 consecutive calendar days for the culvert at Station 383+24 replacement. The Contractor’s failure to

- 6 -complete this work in the 14 calendar days shall result in the assessment of $5,000 per calendar day assessment. This assessment shall begin on the 15th calendar day, and shall continue per calendar day until, and including, the day Highway N-44 is opened to traffic.

(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.

(Flexible Schedule Project)

(1-54-1023A)

1. Flexible Schedule Projects allow the Contractor to suspend the count of working days between the “Early Start Date” and “Tentative Start Date”. Flexible Schedule Projects are indicated by having the term “Flexible Schedule” shown on the cover page of the Proposal Form.

2. The Early Start date is the earliest date the Department will allow the Contractor to begin working. The Contractor shall provide the Department a notice of the date for which they intend to start work prior to the preconstruction conference. Approval of the early start is contingent on the Contractor giving the Department adequate notice. The Contractor will not be allowed to start without a written Notice to Proceed.

3. If an early start is not requested, this provision is void.

4. The Contractor may elect to start work after or on the Early Start Date as shown in the

Contract provided that they have requested an early start and received a Notice to Proceed for the requested date, in accordance with Paragraph 1 of Subsection 108.02, in the NDOT Standard Specifications for Highway Construction, 2017 Edition. The count of working days will begin as soon as the Contractor performs work that would start the count of working days on a standard working day project or when the work interferes with the normal use of the road by traffic, whichever is earliest. Work that is currently allowed to be performed without the count of working days under Paragraph 3. of Subsection 108.02 in the Standard Specifications will continue to be allowed without the count of working days if performed at any time prior to the “Late Start Date”.

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5. The “Late Start Date” is the latest date in which the count of working days shall begin regardless of whether the Contractor is working on the project or not. The Late Start Date is calculated by advancing from the Tentative Start Date the number of working days charged prior to the Tentative Start Date. The advancement for the Late Start Date shall be continuous from the Tentative Start Date and include all days except State holidays and weekends.

6. The count of working days shall progress the same as a standard working day project until the Contractor requests and receives permission for a suspension of the count of working days. A suspension may start any time prior to the Tentative Start Date shown in the contract. A suspension will not be allowed to start after the Tentative Start Date shown in the contract but is allowed to continue past the Tentative Start Date to the Late Start Date. The Contractor shall give the Department written notification at least 48 hours prior to any suspension. The minimum length of any suspension shall be 7 calendar days. No work will be allowed during the suspension except as listed in Paragraph 3. of Subsection 108.02 in the Standard Specifications or any work required to satisfy the requirements of the environmental or traffic control contract conditions. If the Contractor wishes to resume work before the minimum seven calendar days have elapsed the suspension will be revoked, and the count of the working days will restart at the last charged working day. Prior to the count of the working days being suspended the traffic control will be returned to a condition that is acceptable to the Engineer. The posted speed limit will be returned to the normal posted speed limit, unless directed otherwise by the Engineer. The count of working days will resume when either the work resumes, when traffic is impacted or when the Late Start Date is reached, whichever is soonest. Once the late start date is reached the count of working days will begin and will proceed in accordance with the Standard Specifications.

Traffic control that remains in place during the suspension period, as directed by the Engineer, will be maintained by the Contractor. The Contractor must correct traffic control deficiencies that arise during the suspension period.

Traffic control items will be paid in accordance with Division 400 in the Standard Specifications.

For projects where an early start request has been granted under the conditions and provisions of this specification, Paragraph 1.b.(2) (ii) of Subsection 108.02 is void and superseded by the following:(ii) In the event that known or visible utility lines or conduits, fences, or any other conflicting appurtenances are encountered during the performance of the work before the "tentative starting date," consideration will be given for a suspension of the working day or calendar day count. No consideration will be given for an adjustment or extension of the contract time allowance, nor will any additional compensation be allowed for any delays, inconvenience, or damages sustained by the Contractor due to interference from the conflicting appurtenances.

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STATUS OF UTILITIES

Project No.: STP-44-1(107) Control No.: 71270 Location: US-6 - Platte River

The following information is current as of June 26, 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 (Black Hills Power & Light; Black Hills Utility Holding Corp).

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

Black Hills has transmission facility parallelling the west side of N-44 from the project beginning to the reg station.at approximate station 22+00.

Gas facilities continue north on the west side of N-44.

Contact Information:

Mike Brown, 308-249-2264, Michael.brown@blackhillscorp.com Kevin Dugan, 402-802-5119, kevin.dugan@blackhillscorp.com

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

Central Nebraska PP&ID facilities exist near the project area.

Additional Comments:

Facilities cleared of conflict via email.

Contact Information:

Jim Brown, 308-995-3556 or 308-991-5602, jbrown@cnppid.com

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

Facilities parallel the east side of N44 throughout the length of the project.

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Description of conflict(s):

Potential conflicts exist at:

• Sta 43+10 – culvert

• Sta 60+00 – culvert

• Sta 70+50 – culvert

• Sta 119+50 – culvert

• Sta 174+00 – bridge work

• Sta 201+75 – culvert

• Sta 215+00 – bridge work

• Sta 238+50 – bridge work

• Sta 305+50 – surfaced drive

• Sta 310+90 – culvert

• Sta 383+50 – culvert and bridge work

• Sta 585+20 – culvert

Additional coordination with Contractor:

Potholing may be required at this location for field verification and conflict resolution of the facility, see the “POTHOLING” and “UTILITY COORDINATION AND COMMUNICATION” Special Provisions included in this contract.

Contact Information:

Brian Keiffer, 816-539-5017, brian.keiffer@charter.com

Logan Whittaker, 308-708-9120 cell, Logan.Whittaker@charter.com Lonnie Maples, Lonnie.Maples@charter.com Kevin Glinsmann, Kevin.Glinsmann@charter.com

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

50 pair copper cable parallels the east side of N-44

• project beginning to approximate station 35+00 1 pair out-of-service copper cable parallels the west side of N-44

• Sta. 198+00 to 217+00

• Sta. 241+00 to 248+00 Contact Information:

SEND ALL PROJECT NOTIFICATIONS TO , relocations@lumen.com Nate Nelson, 308-660-5437, nathan.a.nelson@lumen.com

Steve Parker, 515-218-5704, Steven.Parker4@lumen.com

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

Frontier Communication exist near project area.

Additional Comments:

Cleared via email on 06/17/2026 from Dave Love.

Contact Information:

Kris Mojica, 414-208-6395, kris.mojica@ervincable.com

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Glenwood Telephone Are conflicts with this facility anticipated? Yes Description of existing location(s) and facility type:

Glenwood fiber parallels the east side of N-44 from the project beginning to approximate station 30+50, where it undercrosses to the west side and continues north until approximate station 392+75.

Undercrossings:

• 30+50

• 97+00

• 149+50

• 254+50

• 307+50

• 361+00

Culverts and Waterway crossings with potential conflicts:

• 174+00 LT

• 215+00 LT

• 383+24 LT

Facilities exist outside the limits of construction in the vicinity of other culverts within the project footprint.

Description of conflict(s):

Glenwood facilities may be in conflict with culverts and waterway crossings depending on depth.

Relocation Work and Schedule:

Glenwood will confirm depths of facilities when the project is staked and adjust accordingly.

Additional coordination with Contractor:

Potholing may be required at this location for field verification of the facility, see the “POTHOLING” and “UTILITY COORDINATION AND COMMUNICATION” Special Provisions included in this contract.

Contact Information:

Aaron Wescoat, 402-756-1108 (o), 512-828-2463(c), aaronw@glenwoodtelco.net

Josh Henderson (Project/Plant Manager) 402.756.3131 joshh@glenwoodtelco.com

Great Plains Communications Are conflicts with this facility anticipated? Yes Description of existing location(s) and facility type:

Great Plains facilities parallel N-44 throughout the project.

Description of conflict(s):

Culverts and Waterway crossings with potential conflicts:

• 174+00 LT

• 215+00 LT

• 383+24 LT

Facilities from 334+25 - 360+50 may be impacted by grading work.

Relocation Work and Schedule:

Great Plains is verifying depths at the culverts and waterways and will adjust accordingly.

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Additional coordination with Contractor:

Potholing may be required at this location for field verification of the facility, see the “POTHOLING” and “UTILITY COORDINATION AND COMMUNICATION” Special Provisions included in this contract.

Contact Information:

Ray Wright, 402-533-8608, rwright@GPCOM.COM Brian Orwig, 308-455-0428 ©, 308-251-6244 (o), Borwig@GPCom.com Justin Suhr, c 402-237-7039, jsuhr@gpcom.com

Kaapa Ethanol LLC4 Are conflicts with this facility anticipated? Yes Description of existing location(s) and facility type:

Kaapa Ethanol is located to the southeast of the intersection of US-6/34 and N-44. The facility exists outside of the limits of construction.

Contact Information:

Matt Weaver mweaver@kaapaethanol.com Dalen Meisinger dmeisinger@kaapaethanol.com

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

Verizon MCI facilities are not present in the project area.

Contact Information:

Jason Dimmock, 402-213-5879, jason.dimmock@verizon.com John Bachelder, 972-729-6016, Investigations@verizon.com Bryan Gray, 712-317-0620, bryan.gray@verizon.com omaha.verizon.onefiber@verizon.com

Northwestern Energy

Description of existing location(s) and facility type:

Northwestern Energy facilities parallel the east edge of ROW along N-44 outside the limits of construction going north from approximate Sta. 350+00 at the regulator station.

Contact Information:

Luke Choyeski, 308-385-4503, Luke.Choyeski@northwestern.com

Sunoco – NuStar Energy Are conflicts with this facility anticipated? Yes Description of existing location(s) and facility type:

Tallgrass Energy facilities exist near the project area.

Description of conflict(s):

Facilities may conflict with culvert and box culvert work.

Relocation Work and Schedule:

Facilities in conflict will be relocated concurrently with construction.

Additional coordination with Contractor:

Potholing may be required at this location for field verification of the facility, see the “POTHOLING” and “UTILITY COORDINATION AND COMMUNICATION” Special Provisions included in this contract.

Contact Information:

Tracy Wallick, 402-759-4115, tracy.wallick@sunoco.com 210-918-2000, encroachments@energytransfer.com

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

Southern Public Power District overhead transmission and distribution lines parallel the east side of N-44 outside of the limits of construction throughout the project. Lines parallel on the west side of N-44 starting at approximate Sta. 522+50 continuing north.

Substation: 519+00 – RT

Overcrossings:

• 43+00 – distribution & transmission

• 76+50 – distribution

• 96+50 – distribution

• 123+00 – transmission

• 150+00 – distribution

• 180+00 – service

• 202+00 – distribution

• 242+50 – service

• 254+50 – distribution

• 307+50 – distribution

• 314+50 – distribution

• 334+25 – service

• 344+25 – service

• 360+50 – distribution

• 387+00 – service

• 390+00 – service

• 413+50 – distribution

• 426+50 – service

• 466+50 – distribution

• 519+25 – distribution

• 522+50 – distribution

• 573+50 – distribution

• 619+50 – transmission

Contact Information:

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

Tallgrass Energy Are conflicts with this facility anticipated? Yes Description of existing location(s) and facility type:

Tallgrass Energy facilities undercross N-44 at approx. Sta. 23+50, 41+00, and 350+75.

Description of conflict(s):

Facilities at 350+75 might be impacted by grading.

Relocation Work and Schedule:

Facilities in conflict will be relocated concurrently with construction.

Additional coordination with Contractor:

Potholing may be required at this location for field verification of the facility, see the “POTHOLING” and “UTILITY COORDINATION AND COMMUNICATION” Special Provisions included in this contract

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Contact Information:

Forbes Miner, 303-763-3133, forbes.miner@tallgrass.com

Scott Barry, 303-763-3163 402-209-5858 (c), scott.barry@tallgrass.com encroachments@tallgrass.com

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

Windstream facilities exist throughout the project.

Description of conflict(s):

Facilities between 333+50 and 361+50 are at risk.

Relocation Work and Schedule:

Based on how much cover is lost Windstream will place new fiber optic cable starting at 333+50 on the west. The line will bore under N-44 east and place the new fiber optic cable on the east side of the road, going north to R Rd, crossing R Rd and then crossing under N-44 west and splicing into our existing fiber optic cable at 361+50.

Additional coordination with Contractor:

Potholing may be required at this location for field verification of the facility, see the “POTHOLING” and “UTILITY COORDINATION AND COMMUNICATION” Special Provisions included in this contract.

Contact Information:

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

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

Zayo facilities do not exist within the project area.

Additional Comments:

Cleared via email on 03/13/2026.

Contact Information:

Tyanna Carver, 763-257-5730, tcarver@congruex.com

Richard Keele, 214-914-0032, richard.keele@zayo.com, zayo.relo.nebraska@zayo.com

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

ITS

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

A camera tower exists in the east porkchop of the US-6/34 and N-44 intersection before the project begins.

Lighting

Description of existing location(s):

NDOT lighting exists near the US-6/34 and N-44 intersection before the project begins.

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

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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

January 22, 2026

The right of way for Project Number 44-1(107), Control Number 71270 has been acquired and physical possession is held by the State of Nebraska and ready for the contractor’s use, except tracts listed below.

Unacquired Right-of-Way Tracts as follows:

Tract Number Status of Tract Date of Hearing

None None None

Right-of-Way Tracts with Pay Items:

Tract Number Pay Item

None None

• No encroachments on the old right of way

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

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. This project is permitted under the US Army Corps of Engineers (USACE) Nationwide

Permit 3(a, c), Non-Notifying.

2. The Contractor shall follow all Nationwide Permit General and Special Conditions and Nebraska Regional Conditions, as applicable. Based on the project scope (NDOT Control No. 71270), the items indicated with checkmarks in the attached NWP 3 Non- Notifying Form appear to be applicable and relevant to the Contractor and Engineer.

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

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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 Matrix agreement (on NDOT’s website), where species survey protocols 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 “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 Indiana bat, NLEB, or TCB suitable 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-44 MM 43.00 – MM 48.46 (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.

WHOOPING CRANE CRITICAL HABITAT

1. Construction activities from N-44 MM 46.63 to MM 48.46 will not occur during whooping crane migration periods. (Spring migration: March 6 – April 29; and fall migration:

October 9 – November 15).

BALD and golden eagle PROTECTION ACT

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

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

2. Suitable 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 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 golden eagles are nesting in the area, consultation with NGPC and USFWS will be required prior to beginning construction activities.

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TRAFFIC DISRUPTION

1. If a detour is used, the duration of the detour must be less than 30 working days. In addition, the detour must create less than 10 miles of adverse (out-of-direction) travel within an urban environment and less than 30 miles in a rural setting with access provisions for local traffic.

ACCESS DISRUPTION

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

NIGHTTIME WORK

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

WELLHEAD PROTECTION AREA

1. A portion of the project has been identified as being located within the Riverside Mobile

Home Park Wellhead Protection Area. NDOT’s Standard Specifications 107 address the Contractor’s responsibility to keep fully informed of, observe, and comply with all federal, state, and local laws and ordinances that affect the conduct of the work.

Unexpected Waste

1. If contaminated soils/groundwater or unexpected wastes are discovered, the Contractor shall stop all work within the immediate area. The Contractor shall secure the area of the discovery and notify the Engineer. The Contractor shall not reenter the discovery area until notified by the Engineer. At the time of discovery, the Engineer and Contractor shall utilize the NDOT Unexpected Waste Action Plan (UWAP) to coordinate appropriate actions. The Contractor is required by NDOT's Standard Specification Section 107 (legal relations and responsibilities to the public) to handle and dispose of regulated material in accordance with applicable laws.

BORROW SITE

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

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

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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.: 71270 Project No.: STP-44-1(107)

Project Name: US-6 – Platte River

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)

This project is permitted under the US Army Corps of Engineers (USACE) Nationwide Permit 3 (a, c), Non-Notifying. All Nationwide Permit General and Special Conditions and Nebraska Regional Conditions will be followed, as applicable. Based on the project scope (NDOT Control No. 71270), the items indicated with checkmarks in the attached NWP 3 Non-Notifying Form 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: Heidi Hillhouse, Ecologist, (402) 479-3901

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

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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 If within the Platte River watershed (including the Elkhorn, Salt

Creek, Loup, Calamus, and Lower Platte drainage basins) include the following for all detention basin/retention basins, dust control, and borrow sites:

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

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

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

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

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

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

Interior Least Tern / Piping Plover:

ILT / PP -1 For construction activities that begin prior to April 15 and continue beyond April

15, surveys will be conducted starting April 8 and continue through the end of construction or August 15 whichever comes first. NDOT Environmental, NDOT trained personnel, or a qualified biologist, will conduct surveys according to protocol at the following locations: the Platte River. If species are present, the District will notify the Contractor to stop work within ¼ mile of nesting activities and follow the protocol to determine when work can resume. (NDOT Environmental, District, Contractor)

ILT / PP -2 When initiating construction activities between April 15 and August 15, surveys will start one week prior to construction activities and will continue through the end of construction or August 15, whichever comes first. NDOT trained personnel, or a qualified biologist, will conduct surveys according to protocol at the locations: the Platte River. If species are present, the District will notify the Contractor to stop work within ¼ mile of nesting activities and follow the protocol to determine when work can resume. (NDOT Environmental, District, Contractor)

ILT / PP -4 Herbaceous species used for re-seeding within ¼ mile of the following location:

The Platte River 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)

Northern Long-eared Bat:

GAMM1 Ensure all operators, employees, and contractors working in areas of Indiana bat, NLEB, or TCB suitable habitat are aware of all Transportation Agency environmental commitments, including all applicable AMMs. (NDOT Environmental, District, Contractor)

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TRTAMM1 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)

TRTAMM2 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 (District, Contractor)

TRTAMM3 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 (NDOT environmental, 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-44 MM 43.00 – MM 48.46 (prior to the start of daily construction activities). If species are present the District will notify the Contractor to stop work within 1/2 mile of the whooping crane and follow the protocol to determine when work can resume (also not initiate work if species is found in the morning survey). Options for resuming work may include but are not limited to (NDOT Environmental, Construction, Contractor):

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

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

AND

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

N-44 MM 43.00 – MM 48.46 will be native grass or forb species. Native shrub or woody species used in restoration should reach no more than 4 feet in height at maturity. (Design, NDOT Environmental).

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Whooping Crane Critical Habitat:

WC-CH-1 Construction activities from N-44 MM 46.63 to MM 48.46 will not occur during whooping crane migration periods. (Spring migration: March 6 – April 29; and fall migration: October 9 – November 15).