Bid Notice-US-83_ McCook South - Milling_ Asphalt Resurfacing.pdf

PROPOSAL FORM

NEBRASKA DEPARTMENT OF TRANSPORTATION

LETTING DATE: August 27, 2026

LETTING TIME: 1:30 PM

FLEXIBLE SCHEDULE

CALL ORDER: 700

CONTROL NO. SEQ. NO.: 71266 000

EARLY START DATE: 03/01/2027

TENTATIVE START DATE: 05/10/2027

LOCATION: US-83, MCCOOK SOUTH

IN COUNTY: RED WILLOW

CONTRACT ID: 71266

PROJECT NO.: NH-83-1(122)

CONTRACT TIME: 115 Working Days

DBE GOAL: N/A

PREQUALIFICATION CLASS: 9,10 -

BITUMINOUS, GENERAL (ALL CLASSES)

COMBINED BID REQUIREMENTS: N/A

GROUP 1

GROUP 4

GROUP 5

GROUP 6

GROUP 6A

GROUP 7

GROUP 9

GROUP 10

GRADING

CULVERTS

SEEDING

BRIDGE AT STATION 1278+45.49

BRIDGE AT STATION 1358+03

GUARDRAIL

BITUMINOUS

GENERAL ITEMS

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P R

O F

E S

IO

NAL CIVIL

E

N G I N

E E

R

S T

A T

E

OF NEBRA

S

K A

S

E-9403

McCULLOUGH

STEVEN

Jul 16, 2026

McCook South Project No. 83-1(122)

Contract ID 71266

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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 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. 83-1(122)

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

(Weight Restrictions/Milling/Asphaltic Concrete Placement)

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

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

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

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

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

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

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

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

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

(Milling/Asphaltic Concrete Placement)

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

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

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(Milling/Asphaltic Concrete Placement)

(Superelevated Curve Locations)

When the Maximum “X” Correction Depth exceeds 7”, the Engineer will evaluate whether milling the thickened side of the curve is necessary.

(General Requirements)

1. 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.

(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.

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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”.

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,"

- 8 -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.

STATUS OF UTILITIES

Project No.: NH-83-1(122) Control No.: 71266 Location: McCook South

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

• Parallel the west side of US-83 from Sta.1241+50 to Sta.1252+00 and undercross at Sta1242+50 and 1252+00.

• Parallel the west side of US-83 from Sta.1308+50 to Sta.1318+00 and undercrosses the road at Sta.1241.50 and Sta.1318+00

Contact Information:

Mike Brown, 308-249-2264, Michael.brown@blackhillscorp.com

CITY OF MCCOOK WATER, SEWER. STORM SEWER:

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

Utility crosses road at angle at Sta. 1262+00 & 1268+00 and 1295+50. Sanitary sewer and water mains are at a depth of 10 feet or greater.

Contact Information:

Pat Fawver, 308-345-2022 x-222, Pfawver@cityofmccook.com

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LUMEN (CTLQL – CENTURYLINK):

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

Lumen facilities that exist near the project are outside of the excavation limits.

Contact Information:

Nate Nelson, 308-660-5437, nathan.a.nelson@lumen.com

Steve Parker, 515-218-5704, Steven.Parker4@lumen.com relocations@lumen.com Kimberly Singleton, 847-954-8366, kimberly.singleton@lumen.com

GREAT PLAINS COMMUNICATIONS:

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

Great Plains facilities exist throughout the project. Facilities exist near planned box culvert and wingwalls.

Description of conflict(s):

• 1232+11 - north side of box culvert at Sta.1232+11.

• 1252+04 – wing wall Relocation Work and Schedule:

Depths need to be confirmed and facilities will need to be adjusted 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:

Ben Little, OSP Field Engineer, 402-237-7082, blittle@gpcom.com

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

MCCOOK PUBLIC POWER DISTRICT:

Description of existing location(s) and facility type:

McCook PPD facilities exist in the project area.

Undercrossing at 1265+00 and 1295+00.

Contact Information:

Dusty Tirrill, 308-345-2500, dustyt@mppdonline.com

NEBRASKA PUBLIC POWER DISTRICT:

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

Facilities parallel the west side of US-83 at approximately:

• 1311+00 to 1338+00 Facilities overcross at approximately:

• 1295+50

• 1320+00

• 1322+00

• 1338+00 Contact Information:

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

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NDOT Owned Utilities

Description of existing location(s) and facility type:

ITS Camera Tower

• US-83 at RP 1.030 southeast corner of US-83 and NE-89 junction.

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 9, 2026

The right of way for Project Number 83-1(122), Control Number 71266 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 Hearing Date

None None None

Right-of-Way Tracts with Pay Items:

Tract Number Pay Items

None None

• No encroachments on the old right of way.

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

• All right of way clearance has been completed.

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

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• No individual or families were required to be relocated.

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

NOTICE TO BIDDERS

(Environmental Commitments)

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

WETLANDS

1. The project is subject to a Title 117 Letter of Recommendation for impacts to waters of the

State. The Contractor shall adhere to the 117 Letter of Recommendation conditions during construction. All wetlands/waters within the project area that are not permitted for impacts shall be avoided.

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

a. Regulated Wetlands and/or Water Resources for this project have been identified and delineated by NDOT. The above condition pertains to the areas 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. If access to any of these areas is required to complete the project construction, the NDOT construction project manager shall coordinate with the Technical Resources Unit to determine need for field verification and/or permitting requirements prior to disturbance of the area.

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.

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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.

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.

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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.

NORTHERN LONG-EARED BAT

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

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.

SECTION 4(f)

1. The contractor shall not complete work, stage, stockpile or store materials within the boundaries of the following Section 4(f) properties: Barnett Park. If it is determined that temporary or permanent right-of-way is required from, or access is restricted to, a Section 4(f) property, coordination shall occur with NDOT Environmental.

WELLHEAD PROTECTION AREA

1. A portion of the project has been identified as being located within the City of McCook

Wellhead Protection Area. NDOT’s Standard Specifications 107.01, 107.09 and 107.18 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.

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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.

SECTION 106 COMMITMENTS

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

a. The first Sensitive Area includes the area between MM 7.47 – MM 7.55, west side (STA 1037+00 – 1041+00 L).

b. The second Sensitive Area includes the area between MM 9.15 – MM 9.50, west side (STA 1123+00 – 1140+00 L).

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

UNEXPECTED WASTE

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

BORROW SITE

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

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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

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ENVIRONMENTAL COMMITMENTS

Control No.: 71266 Project No.: NH-83-1(122)

Project Name: McCook South

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)

Wetlands:

The project is subject to a Title 117 Letter of Recommendation for impacts to waters of the State. The Contractor shall adhere to the 117 Letter of Recommendation conditions during construction. All wetlands/waters within the project area that are not permitted for impacts shall be avoided. (Contractor)

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)

• Regulated Wetlands and/or Water Resources for this project have been identified and delineated by NDOT. The above condition pertains to the areas 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. If access to any of these areas is required to complete the project construction, the NDOT construction project manager shall coordinate with the Technical Resources Unit to determine need for field verification and/or permitting requirements prior to disturbance of the area. (Contractor, District Construction)

Contact Person: 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)

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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)

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)

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A-8 Post Construction Erosion Control. Erosion control activities carried out by NDOT Maintenance or others after construction is complete, but prior to project close-out, shall adhere to any standard conservation conditions for species designated for the project limits during construction. (NDOT Maintenance, District Construction, Contractor)

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

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

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)

Northern Long-eared Bat:

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

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

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

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

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

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

31. (NDOT Environmental, Contractor)

• 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. (NDOT Environmental, Contractor)

NDOT Construction Project Managers should contact NDOT Environmental at 402-479-3901 or Heidi.hillhouse@nebraska.gov at least 30 days prior to construction start to schedule required surveys.

Contact Person: Heidi Hillhouse, Ecologist, (402) 479-3901

NEPA Commitments

Section 4(f)

The contractor shall not complete work, stage, stockpile or store materials within the boundaries of the following Section 4(f) properties: Barnett Park. If it is determined that temporary or permanent right-of-way is required from, or access is restricted to, a Section 4(f) property, coordination shall occur with NDOT Environmental. (Contractor)

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

- 21 -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))

Wellhead Protection

A portion of the project has been identified as being located within the City of McCook Wellhead Protection Area. NDOT’s Standard Specifications 107.01, 107.09 and 107.18 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. (Contractor)

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: Cydney Calhoun, NEPA Specialist, (402) 479-3548

Section 106 Commitments

Sensitive Areas have been identified along this project.

1) MM 7.47 – MM 7.55, west side (STA 1037+00 – 1041+00 L). No grading or project activities, including but not limited to, working, staging, borrowing, stockpiling, or storing material and/or equipment, shall occur beyond the ROW within the boundary of the Sensitive Area(s).

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2) MM 9.15 – MM 9.50, west side (STA 1123+00 – 1140+00 L). No grading or project activities, including but not limited to, working, staging, borrowing, stockpiling, or storing material and/or equipment, shall occur beyond the ROW within the boundary of the Sensitive Area(s). (Contractor)

Contact Person: Anne Bauer, Section 106 Specialist, (402) 479-4464

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.

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

Borrow Site

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

(Contractor)

The Contractor shall have a staging area for the project where material and equipment for the project is stored (e.g. re-steel, forms, etc.). The Contractor shall be required to dispose of material removed as part of the project described above and miscellaneous obstructions

- 23 -encountered and removed along the project. The disposal shall be the responsibility of the Contractor. A waste site may be needed. The Contractor shall be responsible to obtain all permits and clearances and all conditions of those permits shall be followed. (Contractor)

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

Construction Stormwater

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

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

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. NH-83-1(122), CN…