PROPOSAL FORM

NEBRASKA DEPARTMENT OF TRANSPORTATION

LETTING DATE: August 27, 2026

LETTING TIME: 1:30 PM

CALL ORDER: 500

CONTROL NO. SEQ. NO.: 51668 000

TENTATIVE START DATE: 04/05/2027

LOCATION: N-88, WYOMING LINE - N. JCT. N-71

IN COUNTIES: GOSHEN CO, WY, BANNER

CONTRACT ID: 51668

PROJECT NO.: STP-HSIP-88-1(112)

CONTRACT TIME: 110 Working Days

DBE GOAL: N/A

PREQUALIFICATION CLASS: 9,10 -

BITUMINOUS, GENERAL (ALL CLASSES)

COMBINED BID REQUIREMENTS: N/A

GROUP 1

GROUP 5

GROUP 6

GROUP 6A

GROUP 7

GROUP 9

GROUP 10

GRADING

SEEDING

BRIDGE AT STATION 991+84

BRIDGE STATION 1129+64

GUARDRAIL

BITUMINOUS

GENERAL ITEMS

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P R

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N G I N

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McCULLOUGH

STEVEN

Jul 22, 2026

Wyoming Line – N. Jct. N-71 Project No. 88-1(112)

Contract ID 51668

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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 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. 88-1(112)

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 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.

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

(General Requirements)

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

(Traffic Control Management)

Traffic Control Management shall be utilized for the following work only, unless otherwise directed by the Engineer:

Group 6 and 6A work when a temporary signal is being utilized.

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STATUS OF UTILITIES

Project No.: STP-HSIP-88-1(112) Control No.: 51668 Location: Wyoming Line - N. Jct. N-71

The following information is current as of June 16, 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:

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

Cogent Communications fiber exists south of the project area outside of the limits of construction.

Contact Information:

Michael Chebul, 402-880-8720, mchebul@cogentco.com

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

Enbridge gas pipeline facilities exist in the project area.

Contact Information:

AC Hanneman, 307-233-6196, 307-259-0204 ©, ac.hanneman@enbridge.com swrcrossings@enbridge.com, Trent Kruessel, 660-621-2885 Trent.Kruessel@enbridge.com

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

Contact Information:

Andrew Harris, 531-263-1485, andrew.harris@lumen.com

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Warren Air Force Base Are conflicts with this facility anticipated? NO Description of existing location(s) and facility type:

Warren Air Force Base communications lines under-cross highway 88 at approximately Sta. 258.

Contact Information:

Christopher Martin, 307-773-2700, christopher.martin.100@us.af.mil Joshua Thoe, joshua.thoe@us.af.mil

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

Wyrulec power lines over-cross at approximately Stas. 288+50, 340+20, 385+25, 388+90, 404, 447, 498, 551+30, 657+50, 681+10, 745, 775+50, 839+50, 869, 895, 932+50, 963+80, 983+10, 1002+20, 1008+60, 1015+60, 1021, 1039+10, 1047+70, 1086, 1090. A line also under-crosses at Sta. 1135.

with Contractor:

N/A

Contact Information:

S. Ryan Schilreff, 307-837-2225, rschilreff@wyrulec.com

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

Traffic Camera Are conflicts with this facility anticipated? NO.

Description of existing location(s):

N-88, right shoulder, Road 9

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

NDOT Owned Utilities that are found to be in conflict during construction and are not previously required to be relocated as part of the contract, will be relocated by the contractor as extra work as detailed in Section 109.05 of the NDOT Standard Specifications for Highway Construction, 2017 Edition.

STATUS OF RIGHT OF WAY

April 15, 2026

The right of way for Project Number 88-1(112), Control Number 51668 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 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. The Contractor shall not stage, store, waste or stockpile materials and equipment in undisturbed locations, or in known/potential wetlands and/or known/potential streams that exhibit a clear “bed and bank” channel. Potential wetland areas consist of any area that is known to pond water, swampy areas or areas supporting known wetland vegetation or areas where there is a distinct difference in vegetation (at lower elevations) from the surrounding upland areas.

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.

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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.

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.

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POST CONSTRUCTION EROSION CONTROL

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

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.

BALD AND GOLDEN EAGLE PROTECTION ACT

1. 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.

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.

NIGHTTIME WORK

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

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HAZARDOUS MATERIALS:

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.

TOXIC METAL-BASED PAINT/LEAD

1. There is potential for lead or toxic metal-based paint to be found on the structures to be demolished or repaired. Regardless of toxicity, extreme caution shall be taken to minimize the amount of painted material or debris from causing or threatening to cause pollution of the air, land, and waters of the State. The Contractor shall create an implementation plan to dispose of paint waste in accordance with NDOT’s Standard Specification for Highway Construction Section 732 (Lead-Based Paint Removal) and Title 128 Nebraska Hazardous Waste Regulations. The Contractors implementation plan shall be provided to the Engineer.

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.

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

Control No. 51668 Project No. STP-HSIP-88-1(112) Project Name: Wyoming Line N-Jct. N-71

Reviewed and Approved by:

Sammi Kerrisun 402-479-3192 5/28/2026 Environmental Project Manager Phone No. Date

404 Permit Required Yes Reviewed and Approved

No

ACU 5/18/2026

Initials

Date

Comments: No 404-permit required.

Individual 401 Water Quality Certification Required Yes

State Title 117 Waters (COE Non-Jurisdictional) Yes

Floodplain Permit Required Yes

Historic Clearance Yes Tier II 01/21/2026 Reviewed and

AMB 05/15/2026

Initials Date

Comments: No Historic Properties Affected

Threatened & Endangered Species Clearance Required

Yes

Final Biological Assessment Approved – 04/15/2026

Reviewed and

No ELH 5/21/2026

Comments: May Affect, Not Likely to Adversely Affect

Environmental Clearance Yes NDOT or FHWA Level 1 CE Approved 04/17/2026

Reviewed and Approved

N/A

TB 5/19/26

Hazardous Materials Reviewed and

AB 5.18.26

NPDES/Stormwater Permit No.:

Stormwater Permit is required. Will be obtained closer to letting.

Reviewed and

BA 5/19/2026

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ENVIRONMENTAL COMMITMENTS

Control No.: 51668 Project No.: STP-HSIP-88-1(112)

Project Name: Wyoming Line – N. Jct. N-71

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

(Responsible Party for the measure is found in parentheses)

Conservation Measure for Environmentally Sensitive Areas

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

(Contractor, NDOT District)

Contact Person: Amy Utt, Ecologist, (402) 479-3879

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)

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)

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

S-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

- 15 -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 mixed 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)

S-6 Permanent LED Lighting (NDOT Design Commitment). Only LED roadway luminaries listed on the NDOT “Nebraska Qualified Material Vendors List” will be considered for use on Nebraska highway lighting projects. Proposed changes to the following LED lighting requirements would require resource agency (USFWS and/or NGPC) coordination and approval prior to installation:

• Nominal CCT – 3000 +/- 300 K

• BUG Ratings – Maximum nominal Backlight (N/A), Up light (0), Glare (N/A)

• Lumen Output – N/A

Any proposed changes to the listed requirement(s) must be presented to the NDOT Environmental Section for Agency Coordination and approval.

Swift Fox:

SF-1 Two weeks prior to the start of construction, a qualified biologist shall survey the environmental study area according to protocol to determine if active swift fox den sites are present. If an active den with young is located and it is outside the project limits, then a buffer zone shall be established around the den and all construction activities shall avoid the buffer until the den is abandoned. If an occupied den with or without young is identified within the project limits or staging areas, NDOT shall immediately coordinate with the NGPC to determine how to proceed. A buffer zone shall be established around the den and all construction activities shall avoid the buffer until NDOT gives approval to enter the buffer area. Between April 1 and August 31, the buffer zone shall be 250 yards around the active den site; other times of the year, the buffer shall be 100 yards around the active den site. (NDOT Environmental)

Bald and Golden Eagle Protection Act

• 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

- 16 -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. (NDOT Environmental, Contractor)

NDOT Construction Project Managers should contact NDOT Environmental at 402-479-3546 or erika.hinz@nebraska.gov at least 30 days prior to construction start to schedule required surveys.

Contact Person: Erika Hinz, Ecologist, (402) 479-3546

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)

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: Tony Bui, NEPA Specialist, (402) 479-3567

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Hazardous Materials:

Unexpected Waste

If contaminated soils/groundwater or unexpected wastes are discovered, the Contractor shall stop all work within the immediate area. The Contractor shall secure the area of the discovery and notify the Highway Project Manager (HPM). The Contractor shall not reenter the discovery area until notified by the HPM. At the time of discovery, the HPM and Contractor shall utilize the NDOT Unexpected Waste Action Plan (UWAP) to coordinate appropriate actions. The actions to be carried out by the HPM are (but not limited to): verification that the Contractor has suspended construction activities in the area of the discovery, contact the Roadside Development & Compliance Unit (RDCU) hazmat representative and make an entry into AASHTOware Project that an unexpected waste discovery was made. The HPM shall then utilize the UWAP Notification Form (NDOT Form 691) to properly document the extent 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.

Lead/Toxic Metal-Based Paint

There is potential for lead or toxic metal-based paint to be found on the structures to be demolished or repaired. Regardless of toxicity, extreme caution shall be taken to minimize the amount of painted material or debris from causing or threatening to cause pollution of the air, land, and waters of the State. The Contractor shall create an implementation plan to dispose of paint waste in accordance with NDOT’s Standard Specification for Highway Construction Section 732 (Lead-based Paint Removal) and Title 128 Nebraska Hazardous Waste Regulations. The Contractors implementation plan shall be provided to the HPM and documented in OnBase. (Contractor, NDOT Environmental)

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)

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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) to be maintained for the project. The Contractor shall understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) 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

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-HSIP-88-1(112), CN 51668, Wyoming Line – N. Jct. N-71

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 approximately 19.5 miles in length and is located on highway N-88 in Banner County, starting at the Nebraska – Wyoming State Line and extending east to the north junction of N-88 and N-71.

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 trench widening, milling and resurfacing the roadway and surfaced shoulders with asphalt, bridge repairs, and culvert work.

Grading will be required for the entire length of this project.

The box culvert over Long Canyon (Structure Number S088 00647) will be used in place. A grade raise of the entire structure is not anticipated. Work will not be required in the waterway.

The box culverts over Clay Springs Draw (Structure Numbers S088 00907, S088 00937, and S088 00991) will be used in place. A grade raise of the entire structure is not anticipated. Work will not be required in the waterway.

The box culvert over Willow Creek (Structure Number S088 01494) will be used in place. A grade raise of the entire structure is not anticipated. Work will not be required in the waterway.

The bridges over Pumpkin Creek (Structure Numbers S088 01675 and S088 01936) 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.

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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.

Exhibit “A” shows the Best Management Practices that are included for use in the project contract along with the stages of construction for when they are most applicable (Part IV.C). The stages of construction are defined as follows.

a. Preconstruction Stage – As clearing begins and prior to any grubbing or grading work, this is sometimes referred to as the “Initial Phase” of construction.

Control Measures and Best Management Practices are utilized to plan for construction to begin and ensure that BMPs are in place to protect adjacent properties and resources from construction activities.

b. During Construction Stage – As work is ongoing and advancing towards completion, this is referred to as the “Construction Phase”. During this period of construction, BMPs are utilized to manage the site in accordance with the Construction Stormwater Permit.

c. Final Stabilization Stage – Final Stabilization, also referred to as the “Final

Phase” of construction, contains the work necessary install the permanent vegetation. These BMPs will assist in controlling erosion and establishing vegetation after construction is complete.

Stage of Construction

Control Measures Best

Management Practice

Description Pre-construction During

Construction Final

Stabilization

MANAGING WORK

CONSTRUCTION

OPERATION

SEQUENCING

Delay & Limitation of Soil Disturbance, Timely Implementation of Control Measures, Early Installation of Cross Drains

These BMPs assist in minimizing the amount of open ground at any given time and by reducing the amount of time that soil is disturbed.

X X

VEGETATED

BUFFER

PRESERVATION

AND

ESTABLISHMENT

Vegetation Preservation & Selective Clearing

Vegetated Buffers reduce impacts to adjacent resources.

X X X

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TOPSOIL

CONSERVATION

Soil Quality Management

The placement of nutrients to improve the soil can improve vegetation establishment.

X X X

WATER

RESOURCE

ENCROACHMENT

LIMITATION

Sensitive Areas These BMPs restrict activities and material storage that can occur near water resources.

X X

GOOD

HOUSEKEEPING

Dust Management, Concrete Washout & Slurry Management, Waste Management, Spill Prevention, Street Cleaning

Specifications reduce the potential for contractor activities, materials, and equipment from becoming a source of pollutants.

X X

MANAGING WATER

SURFACE

INTERRUPTION

Silt Checks Surface Interruption BMPs provide erosion protection when slopes are un-stabilized for short durations of time.

X

DEWATERING Dewatering System

Dewatering can occur during construction when water must be removed from a work area.

X

MANAGING EROSION

TEMPORARY

COVER

Cover Crop, These BMPs can be used to reduce exposed soil until permanent vegetation can be planted.

X

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PERMANENT

VEGETATIVE

COVER

Permanent Seeding & Mulch

Permanent Vegetative Cover refers to the final stabilization of a completed site.

X

EROSION

CONTROL

PRODUCT

Erosion Control Blanket

Erosion Control Products can minimize erosion potential, while protecting the planted seeds and assisting in reinforcing of the plants for long term erosion protection.

X X

MANAGING SEDIMENT

SEDIMENT

BARRIER

Silt Checks BMPs may be placed at the discharge points or in ditches to slow the velocity of water and deposit sediment.

X X X

Exhibit “A”

1. ACRES OF DISTURBANCE (Part IV.B.1.c): Total area of soil disturbance: 21 acres

a. The Contractor shall obtain a Construction Stormwater Permit and prepare a SWPPP for all contractor controlled borrow, waste or staging sites that exceed 1 (one) acre of disturbed soil (Part 1.C.1.d).

2. Soils Information: Region F - These soils are shallow compared to the loess deposits further east. In the northwest corner, they have weathered in place from local sandstone and siltstone. Clay soils associated with the badlands along and south of the South Dakota border are weathered from shale and exhibit some of the highest shrink-swell potential in the state. Rock outcrops are frequent around the Pine Ridge escarpment and Wildcat Hills. Along the Platte River, coarse silt and sand are the dominant soils. The southern portion of the panhandle is composed of a thin silt loam that is equally susceptible to wind or water erosion.

Southwest Nebraska (north of the Republican River) is primarily silt loam but deeper than the area of loess in the panhandle. This area is also vulnerable to wind and water erosion.

GENERAL NOTES

The Stormwater Pollution Prevention Plan (Part IV.A-L), Erosion and Sediment Control Plans and Temporary Erosion Control Plan are essential to documenting compliance with the Construction Stormwater Permit. These documents are components of this SWPPP and may be amended by the Engineer during construction as conditions change on the site or as

- 31 -additional BMPs are required to protect environmental resources. All amendments (Part IV.K.

1-3) to the SWPPP will be documented by the Engineer and communicated to the Contractor.

1. Once installed, pollution prevention BMPs shall not be removed without approval from the Engineer.

2. The Contractor shall maintain an organized project while maintaining materials and waste in a manner that eliminates the potential for pollutant runoff. This includes, but is not limited to:

a. Solid waste management

b. Sanitary waste management

c. Material delivery and storage

d. Street cleaning and sweeping

e. Vehicle and equipment fueling, maintenance and washing

SWPPP AVAILABILITY

The Engineer will maintain a copy of this SWPPP (Part IV. L.1-2), the Construction Stormwater Permit Notice of Intent (CSW-NOI), and the temporary erosion control plans on site or at a nearby NDOT construction or maintenance facility. The Engineer will post a sign detailing how and where to obtain access to the SWPPP information at a public accessible location near the construction project. An example SWPPP sign contains the following information:

1. This project operates under the Construction Stormwater Permit and a Stormwater Pollution Prevention Plan (SWPPP). To view the SWPPP and permit information contact the Highway Project Manager.

2. Project Name

3. Control Number and Contract Identification Number

4. Construction Stormwater Permit Number

5. Construction Stormwater Discharge Authorization Number

6. SWPPP Location

7. District Construction Office Main Phone

8. Highway Project Manager Name

9. Highway Project Manager Phone

SITE INSPECTIONS

Environmental Inspections will occur at a minimum of every 14 days and within 24 hours of rain events of 0.25 inches or greater, excluding nonbusiness hours (Part IV.J; Part VII.A.).

Inspections may be reduced to once per month while the ground is frozen during winter months

- 32 -or when the entire site has been stabilized. Inspections shall be conducted by individuals that have been trained through NDOT’s Erosion and Sediment Control Inspector Certification program or an approved national erosion and sediment control certification. At a minimum, the following items must be evaluated during inspections:

1. Tree clearing operations.

2. Areas that have been cleared, graded or excavated and have not been stabilized.

3. Temporary and Permanent Stormwater Best Management Practices that have been installed.

a. Verify that erosion control blankets are being held tight to the ground with minimal tenting and not undermining.

b. Verify erosion is not occurring in mulched areas

4. Equipment storage, stockpile locations, staging areas located within NDOT Right-of-Way and easements.

5. Concrete washout locations.

6. Locations where stormwater flows or is detained on the site.

7. Adherence with Environmental Commitments and Special Provisions related to

Construction Stormwater Permit requirements

8. Temporary Erosion Control Plan updates

9 Material discharges to waterways, wetlands and locations where stormwater discharges from the site

10. Locations where permanent stabilization measures have been implemented

Corrective Actions (Part IV.K. and Part IV.F.8.b-d) identified during Environmental Inspections must be completed within 7 days or within the timeframe identified in an extension request.

Refer to Section 115 Environmental Commitment Compliance for additional information related to environmental compliance.

EROSION AND SEDIMENT CONTROL NOTES

1. The Engineer will document Erosion and Sediment Control Measures on a Temporary Erosion Control Plan (Part IV.B.2.a-i). Those shown on the plan are the minimum to prevent sediment discharge from the site. The Contractor shall use additional measures as necessary to prevent erosion and contain sediment on the site.

2. The Contractor shall provide to the Engineer a copy of installation details and…