STATE OF NEBRASKA CONTRACT AWARD

PAGE PRINT DATE

1 of 1 3/26/2026

BUSINESS UNIT BUYER

27205300 DANA CRAWFORD-SMITH (NDOT) CONTRACT NUMBER

VENDOR NUMBER: 2088867 115419 O4/UY2605

VENDOR ADDRESS:

K S PLUS INC

113 W B ST

PO BOX 1665

NORTH PLATTE NE 69103-1665

AN AWARD HAS BEEN MADE TO THE VENDOR NAMED ABOVE FOR THE PERSONAL PROPERTY AND/OR SERVICES AS LISTED

BELOW FOR THE PERIOD:

JULY 20, 2026 THROUGH APRIL 30, 2032

THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE PERSONAL PROPERTY AND/OR SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR SERVICES FROM OTHER SOURCES.

THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN

MUTUALLY AGREEABLE TO THE VENDOR/CONTRACTOR AND THE STATE OF NEBRASKA.

Original/Bid Document 123703 Z6

AGENCY SIGNATURE

R43500|NISK0001|NISK0001 20210628

Contractor shall be responsible to provide, build, own, and operate direct current fast charging (DCFC) stations at Location 5, Kearney. The contract includes the option to renew for two (2) additional one (1) year periods upon mutual agreement of the Contractor/Vendor and Nebraska Department of Transportation (NDOT). The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the Contractor/Vendor and NDOT.

Original Bid Document: 123703 Z6 ACT Contract#: UY2605 ACT Contractor#: 9D93

VENDOR CONTACT INFORMATION

Name: Dan O'Neil Phone: 308-530-4905 E-mail: doneill@kwikstop.org

Line Description Quantity Unit of

Measure Unit Price

Extended Price

1 NEVI DESIGN & PROCUREMENT 1.0000 LS 676,288.0000 676,288.00

LOCATION 5 KEARNEY

2 20% FUNDING DEDUCTION 1.0000 LS -135,257.6000 -135,257.60

LOCATION 5 KEARNEY

3 NEVI CONSTRUCTION 1.0000 LS 607,362.0000 607,362.00

LOCATION 5 KEARNEY

4 20% FUNDING DEDUCTION 1.0000 LS -121,472.4000 -121,472.40

LOCATION 5 KEARNEY

Total Order 1,026,920.00

Vendor Signature:______________________________

Vendor Name Printed:__________________________

Date: ____/____/____

Docusign Envelope ID: 73C1C232-2CA2-829C-8099-54B61E5EA67D

July 10, 2026

Dan O'Neill

ADDENDUM to Contract Award Terms and Conditions

Contract 115419 O4 / UY2605 NEVI Formula Program

Between The Nebraska Department of Transportation and KS Plus DBA KwikStop #11

This Addendum is made by the Nebraska Department of Transportation and KS Plus DBA KwikStop #11, parties to Contract Number 115419 O4 / UY2605, and upon mutual agreement and other valuable consideration, the parties agree to and hereby amend the contract as follows:

By signing this Addendum, the Contractor acknowledges and agrees the Minor Categorical Exclusion (MCE) for Electric Vehicle Charging Stations form and Federal Highway Administration (FHWA) Form 1273, both attached to this Addendum, are hereby incorporated into and made part of the terms and conditions of this contract by reference and shall be binding as fully set forth herein.

This Addendum and any attachments hereto will become part of the contract. Except as set forth in this Addendum, the contract is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this Addendum and the contract or any earlier Addendum, the terms of this Addendum will prevail.

IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below.

Nebraska Department of Transportation KS Plus DBA KwikStop #11

By: __________________________ By:__________________________

Name: _______________________ Name:________________________

Title: ________________________ Title:_________________________

Date:_________________________ Date:_________________________

Docusign Envelope ID: 73C1C232-2CA2-829C-8099-54B61E5EA67D

President & CEO

July 10, 2026

Dan O'Neill

NDOT Materiel Administrator

Rita Kucera

July 13, 2026

January 2025 1

Under the Memorandum of Understanding Between Federal Highway Administration, Nebraska Division and the Nebraska Department of Transportation, State Assumption of Responsibility for Categorical Exclusions, as authorized by 23 USC §326 (herein referred to as the CE MOU and CE Assignment), the Federal Highway Administration (FHWA) has delegated approval authority of certain Categorical Exclusion (CE) actions to the Nebraska Department of Transportation (NDOT).

NDOT has determined that technical resource reviews from the following Professionally Qualified Staff (PQS) are required for actions that comply with the terms and conditions of this MCE:

Threatened and Endangered Species and Section 106. A T&E PQS determination of “No Effect” or “May Affect, Not Likely to Adversely Affect” is allowable with this MCE if no consultation with the resource agencies was required. A Section 106 determination of “undertakings with Minimal Potential to Cause Effects”, resulting in no historic properties affected is allowable with the MCE.

Activities addressed by this MCE, which are not part of a larger undertaking, shall be administered in accordance with following criteria to satisfy NDOT’s CE assignment responsibilities.

Scope of Work – Electric Vehicle (EV) Charging Stations Activities include:

Installing new EV Charging Station(s): Level 1, Level 2, and/or Direct Current (DC) Fast Charging

Modifying existing EV Charging Station(s): Level 1, Level 2, and/or Direct Current (DC) Fast Charging

Operating existing EV Charging Station(s): Level 1, Level 2, and/or Direct Current (DC) Fast Charging

Removing existing EV Charging Stations(s): Level 1, Level 2, and/or Direct Current (DC) Fast Charging

Traffic control necessary for the installation of the pavement markings, including road closures/detours lasting less than 24 hours

The conditions stipulated below for the application of this MCE are set forth in the U.S.

Department of Energy’s (DOE’s) Electric Vehicle Charging Stations CE that was adopted by the U.S. Department of Transportation under Section 109 of NEPA. PL 91-190, As Amended Through PL 118-5. DOE’s electric vehicle charging stations CE is codified in DOE’s NEPA procedures as CE B5.23 of 10 CFR part 1021, subpart D, appendix B.

The installation, modification, operation, and removal of electric vehicle charging stations, using commercially available technology, shall be within a previously disturbed or developed area.

Minor Categorical Exclusion for

Electric Vehicle Charging Stations

Docusign Envelope ID: 73C1C232-2CA2-829C-8099-54B61E5EA67D

Minor Categorical Exclusion for Electric Vehicle Charging Stations

January 2025 2

Covered actions are limited to areas where access and parking are in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management practices.

“Previously disturbed or developed” refers to land that has been changed such that its functioning ecological processes have been and remain altered by human activity. The phrase encompasses areas that have been transformed from natural cover to non-native species or a managed state, including, but not limited to, utility and electric power transmission corridors and rights-of-way, and other areas where active utilities and currently used roads are readily available. 10 CFR 1021.410(g)(1).

In order to apply this MCE, the proposed project must also be one that would not:

1. Threaten the violation of applicable statutory, regulatory, or permit requires for environment, safety, and health, or similar requirements of DOT or Executive Orders;

2. Require siting and construction of major expansion of waste storage, disposal, recovery, or treatment facilities (including incinerators);

3. Disturb hazardous substances, pollutants, contaminants, or CERCLA-excluded petroleum and natural gas products that preexist in the environment such that there would be uncontrolled or unpermitted releases;

4. Have the potential to cause significant impacts on environmentally sensitive resources.

Environmentally sensitive resources include, but are not limited to:

a. Properties of historic, archeological, or architectural significance;

b. Protected or listed threatened or endangered species or their habitat;

c. Floodplains and wetlands;

d. Wilderness areas, national parks, national monuments, national natural landmarks, wild and scenic rivers, and wildlife refuges;

e. Prime or unique farmland; and

f. Special sources of water (such as wellhead protection areas)

5. Involve genetically engineered organisms, synthetic biology, governmentally designated noxious weeds, or invasive species, unless the proposed activity would be contained or confined in a manner designed and operated to prevent unauthorized release into the environment.

Application of this MCE is dependent upon adherence with the following commitments. These Commitments shall be included in project-specific “Green-Sheets” and/or project agreement documents along with project-specific commitments included in the Threatened and Endangered Species and Section 106 PQS memos.

To avoid impacts to the community:

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

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

January 2025 3

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

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

To avoid impacts to Wetlands, Waters of the United States, and Stormwater:

The Contractor shall not stage, store, waste or stockpile materials and equipment in undisturbed locations, or in known/potential wetlands and/or known/potential streams 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)

The Contractor shall conduct refueling only within non-wetland and non-stream locations.

Areas adjacent to wetlands and/or streams will be avoided. The Contactor shall be responsible for cleanup of spilled fuel or any other Hazardous Materials, such as engine oil, hydraulic fluid, antifreeze, etc. The Contractor is required by NDOT’s Standard Specification Section 107 (Legal Relations and Responsibilities to the Public) to handle and dispose of contaminated material in accordance with applicable laws. The Contractor shall follow Nebraska Department of Environment and Energy (NDEE) notification procedures for all spills in excess of a reportable quantity as defined by NDEE Title 126, Chapter 18.

Temporary water pollution prevention practices (including sediment and erosion control measures) are required by Nebraska State Title 119. The Contractor shall exercise every reasonable precaution throughout the life of the contract to prevent sedimentation within rivers, streams, impoundments (lakes, reservoirs, etc.), the project site, and adjacent property. (Contractor)

To avoid Hazardous Material concerns:

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

(Contactor)

If contaminated soils/groundwater or unexpected wastes are discovered, The Contractor shall stop all work within the immediate area. The Contractor shall secure the area of the discovery and notify the NDOT Highway Project Manager (HPM). The Contractor shall not re-enter 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 Environmental Section Manager and make an entry into Site Manager 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

January 2025 4 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.

CContractor Commitment: If contaminated soils/groundwater or unexpected wastes are discovered, The Contractor shall stop all work within the immediate area. The Contractor shall limit access to authorized personnel within the area of the discovery and notify the NDOT Highway Project Manager (HPM). The Contractor shall not re-enter 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.

Individual project actions approved under this MCE shall be reviewed to ensure unusual circumstances as outlined by 23 CFR 771.117(b) do not exist. If an unusual circumstance is identified, see Chapter 2 of the Environmental Procedure Manual (EPM) for guidance on selecting the appropriate Class of Action.

This MCE is consistent with the Statewide Long Range Plan, the Statewide Transportation Improvement Program (STIP), and applicable Metropolitan or Rural Planning Organizations' Transportation Improvement Programs (TIPs) and Long Range Transportation Plans, and is exempt from regional air quality conformity determinations (40 CFR parts 51 and 93).

Use of this MCE is only allowed if all criteria set forth herein are met.

NDOT Project-Specific Verification Date:

Applicant Name:

Proposed Location:

Project Number:

Control Number:

List of Attachments:

Site Map

PQS determinations from Threatened & Endangered Species and Section 106

Other (please describe):

The above listed project has been determined to comply with the terms and conditions of this MCE and NDOT has verified the following:

The Project Sponsor has verified the project activities are not part of larger undertaking.

The Project Sponsor will verify that Environmental Commitments listed in this MCE have been included in project Green Sheets and/or appropriate project agreement documents.

The NDOT NEPA Specialist has verified that no unusual circumstances have been identified.

The NDOT NEPA Specialist has verified the activities will not occur on brick streets or brick highways.

12/23/25

KS Plus dba Kwik Stop 414 2nd Ave S., Kearney

NEVI-FY26(003)

43071

NDOT-530; Floodplains Memo

January 2025 5

PProjectt Sponsor:

PLEASE PRINT Signature Date

This is a stand-alone NEPA determination for this project; no further environmental analysis is required. If there is a change in environmental conditions or scope of work, coordination with NDOT Environmental is required to determine if this determination remains valid.

The State has determined that this project has no significant impact(s) on the environment and that there are no unusual circumstances as described in 23 CFR 771.117(b). As such, the project is categorically excluded from the requirements to prepare an environmental assessment or environmental impact statement under the NEPA. The State has been assigned, and hereby certifies that it has carried out, the responsibility to make this determination pursuant to 23 U.S.C. §326 and a Memorandum of Understanding executed between FHWA and the State.

NDOTT NEPAA Specialist:

PLEASE PRINT Signature Date

12/2 /25

12/2 /25

Jeni Campana Campana, Jeni Digitally signed by Campana, Jeni Date: 2025.12.29 11:08:33 -06'00'

Talon O'Connor Digitally signed by Talon O'Connor Date: 2025.12.29 11:30:52 -06'00'

1. [Z]New D Revised

TO BE COMPLETED BY NDOT

l State of Nebraska Department of Transportation Control No.: 43071

Local Public Agency (LPA)

I Non-Infrastructure

Project No.: NEVI-FY26(003)

Project Programming Request I

For: 0 City D County □ MPO cg] Other Project Name: EV Station- Kearney

2.

LPA Name:

KwikStop

3.

Responsible Charge/Project Liaison: Project Coordinator: Jeni Campana I Nebraska DOT

4. PROJECT DESCRIPTION i Detailed Project Description, including Purpose and Need: (attach any additional sheets as necessary)

Federal NEVI Funding for EV Charg ing Infrastructure at the KwikStop, Kearney NE

5. FUNDING TYPE: 0SRTS □ TE □ PL 0STP 0SPR cg] NEVI

6. ESTIMATED PROJECT FUNDING:

7. START-UP: Federal Local Nonparticipating Other Total

Match

a. RC Costs $0.00

b. Consultant 1 $0.00

c. Consultant 2 $0.00

d. Consultant 3 $0.00

e. NOOR $821,536.00 $205,384.00 $1,026,920.00

SUBTOTAL: $821,536.00 $205,384.00 $0.00 $0.00 $1,026,920.00

8. Project Implementation $0.00

9. Final Report Close-out $0.00

10. TOTAL: $821,536.00 $205,384.00 $0.00 $0.00 $1,026,920.00

11. Proposed Project Schedule

a. Start up: 5/2026 I b. Project Implementation: 5/2026 - 8/2032 • Final Report: 8/2032

12. Additional Remarks or Comments:

Estimated Payment Schedule and Am ounts: 5/1/26, $390,229.60; 5/1/27, $390,229.60; 5/1/28, $8,215.36;5/1/29, $8,215.36; 5/1/30, $8,215.36; 5/1/31, $8,215.36; 5/1/32, $5,105.80

I 13. cg] This proJect will have no environmental impacts (see attached NDOT 53 form)

14. SIGNATURES

'Approved by NDOT Local Projects Manager: Date:

: Approved by NDOT Program Management Enginr-7

. �e,-..;-��

Date:

NDOT 530a, August 17

Attachment C - Site NEPA Review Form 1123703 Z6 NEVI Formula Program

Environmental Clearance All electric vehicle charging infrastructure projects funded through the competitive grant program require environmental clearance. Per NEVI rules, the projects are anticipated as Categorical Exclusions and the NDOT Environmental Section will make the determination. Applicants are required to fill out the applicant portion of the NEPA Clearance worksheet and return the worksheet as part of their submittal. NDOT will review the applicant provided information and supplement any additional information needed to make the determination. Final design and construction cannot begin until environmental clearance is complete.

Proposed Location Site Information

Applicant Name

Proposed Location (Address or Latitude/Longitude)

What is the general land use of the proposed site.

Commercial

Residential

Agricultural

Recreational

Industrial

Is the Applicant the owner of the proposed site for the charging infrastructure? Yes No

Environmental Screening Questionnaire

For proposed EV charging infrastructure sites located on a previously developed parcel, which is determined to be low-impact, and associated elements including installation of signage, construction of new utility distribution poles or underground utilities, etc. completely within previously disturbed areas, additional review may not be required. If the answer to any question below is YES, further review of environmental impacts by NDOT or proposer, as directed by NDOT, may be required. A change in site location by the applicant following submittal may result in additional environmental review and clearance. If this occurs, the proposer will be financially responsible for costs associated with environmental review and clearance of the new site location.

NEPA Review Questions YES NO

Will development of the charging site require ground disturbances (e.g., new utility poles) outside of what is existing (such as parking lots, roadways, buildings) or other impervious surfaces and/or outside of previously disturbed land?

Will development of the charging site require impacts to an existing structure?

Does this project involve the use of property protected by Section 4(f)? This includes publicly owned parks, recreational areas, wildlife and waterfowl refuges, and historic sites.

KS Plus, Inc. dba Kwik Stop #11

414 2nd Ave S., Kearney, NE 68847

Will development of the charging site require a temporary or permanent change in access to the facility or existing roadway?

Are the any known hazardous material sites that would be impacted by the development of the charging site?

Is the proposed charging site located within a Regulatory Floodway or any other area of a 100-year floodplain as shown on FEMA Flood Insurance Rate Maps?

Will development of the charging site require the removal of trees with diameters greater than three inches measured at breast height or any forest clearing?

Will development of the charging site require filling in jurisdictional waters (streams and wetlands) and/or filling in streamside management zones?

Is the proposed charging site located within an area designated as a critical habitat for any federally protected species?

Will development of the charging site result in impacts to streams, wetlands or similar?

Is the proposed charging site located on the same property as, or adjacent to, a structure 50 years old or greater?

Is the charging site located within a zoned historic district with the National Register of Historic Places?

Is the charging site located on property owned by a federally recognized Native American tribe?

Will the EVSE be located in an area that is currently partially or completely unpaved?

AAdditional Environmental Information or Concerns

The following additional questions are designed to help inform NDOT of the proposed location’s state of environmental readiness.

Coontamination and Remediation: Are any project partners, including the site host, aware of any site contamination, remediation, or cleanup activity associated with hazardous materials? If yes, please clarify.

Existing Condition of Site: Describe the current state and use of the site and detail any development that would be required to prepare for EV charging infrastructure installation. Include any applicable site development needs including plans for site acquisition, site construction, or other site preparation other than electrical power-related preparation.

Permitting: Are there any permits or other approvals that are required to complete this project? If yes, provide status of each permit and an anticipated timeline to obtain approval. Example permit types could include air/land use, electrical, structural, zoning, local agency, or environmental.

RRisk: Identify potential risks, issues, challenges, and needs related to the candidate site and plans for mitigating these risks.

AApplicantt Certificationn

This certification must be completed and signed by an authorized representative or agent for the Applicant who can attest to the Environmental Screening Questionnaire’s quality, accuracy, and completeness and verify that the above questions have been answered to the best of the Applicant’s knowledge.

Applicant Name: _______________________________

Signature: _______________________________

Title: _______________________________

Date: ______________________________

KS Plus, Inc. dba Kwik Stop #11

President & CEO

10/08/2025

0 10 25 50

GRAPHIC SCALE

(IN FEET)

REV:

DATE: 10/31/2024DRAWN BY: SB1

REV DATE:

EV CHARGER LAYOUT

PAGE: 1

414 2ND AVE SOUTH, KEARNEY, NE

KWIK STOP

Midwest Petroleum Equipment has prepared this drawing based on the information provided. MPE has not performed any engineering or surveying services for this project.This drawing is intended to illustrate a proposed project, its associated components, & is the sole property of MPE. The designs provided herein are recommendations only.

The design engineer shall review these details prior to construction. It is the design engineer's responsibility to ensure that the details provided herein meet or exceed the applicable Federal, State, & Local requirements.

NOTES:

WORKORDER #

XXXX

NEW LIGHT POLE

HANDICAP PARKING

EV CHARGER

EV CABINET

BUILDING LIGHTING

SECURITY CAMERA

C-STORE

NEW LIGHT POLE

18'

(TYP)

Memorandum

DATE

TO

FROM

THRU

SUBJECT

FLOODPLAIN ENCROACHMENT REVIEW

Project is located within:

County(ies):

Floodplain Community(ies):

Community(ies) are:

Mapped?:

Participating?:

State Minimum Standards for Mapping?:

Project Overlaps:

Mapped Base Floodplain?: Floodplain Designations(s):

Mapped Floodway?:

State Minimum Standards Base Floodplain?:

Floodplain Statement:

Certification Requirements:

Floodplain Permit required from:

State Minimum Standards Community(ies):

Floodplain Encroachments:

Review of the project scope, project description and Plan-In-Hand Plans by the Hydraulics Engineer indicates that the project work has no potential to impact the Base Floodplains/Regulatory Floodways it might cross, and does not meet the criteria for Development within a base floodplain/regulatory floodway.

Certification will not be required from the Hydraulics Section. A Permit is not required.

Yes Yes No

None None

North Channel Platte River, 414 2nd Ave S. Kearney, NE 68847

December 02, 2025

Talon Oconnor

Anna Allen, P.E.

Julie Ramirez, P.E. and Kirk Harvey, P.E.

PQS Floodplain Memorandum: Kearney NEVI, CN 43071

Not Applicable No Yes

The Kearney NEVI project , CN 43071, has been reviewed for its impact to floodplains within the State of Nebraska.

Buffalo

AE

City of Kearney

PQS Floodplain Memorandum: Kearney NEVI, CN 43071 12/2/2025

Will the Project cause a rise in the Base Flood Elevation (BFE):

More than one (1) foot in a Regulatory Base Floodplain?

Any rise in a Regulatory Floodway?

More than one (1) foot in a State Minimum Standards Floodplain?

Floodplain Statement:

Functionally Dependent Use in Base Floodplain:

Project overlaps a floodplain at a location without a functionally dependent use?

Floodplain Statement:

23 CFR SECTION 650.111 REVIEW

650.111(b) Are there Base Floodplains located Longitudinal (parallel) to the project? No Is any of the project on Existing Alignment? Yes Does the Existing Alignment encroach upon a Longitudinal (parallel) Base Floodplain? Not Applicable Is any of the project on New Alignment? No Does the New Alignment encroach upon a Longitudinal (parallel) Base Floodplain? Not Applicable

Floodplain Statement:

650.111 (c) (1) Project increases the potential for loss of life or property? No

Floodplain Statement:

650.111 (c) (2) Project impacts the natural and beneficial floodplain values? No

Floodplain Statement:

650.111 (c) (3) Project supports probable incompatible floodplain development? No

There are no significant encroachments associated with this Project and this Project will not have an impact on the natural and beneficial floodplain values.

There are no locations where a base floodplain runs longitudinal (parallel) to the highway project.

This action would not increase the potential for loss of life or property.

Panel 31019C0615D, Not Applicable

No floodplain certification or permit is required for this project.

No

There are no locations along the project that possibly or potentially overlap a base floodplain outside of culverts and bridges, or other activities listed above. All overlapping areas are located at culverts or bridges and are considered a functionally dependent use of the base floodplain. The following floodplain NFIP/FHBM maps were reviewed:

Dated 11/26/2010

No No

PQS Floodplain Memorandum: Kearney NEVI, CN 43071 12/2/2025

Floodplain Statement:

650.111 (c) (4) Project results in a significant risk of impact to the base floodplain or environment? No

Floodplain Statement:

650.111 (c) (5) Floodplain Statement:

650.111 (d) Does a significant encroachment occur as a result of the project? No Does the project support incompatible floodplain development? No

Floodplain Statement:

The proposed improvements on this Project will maintain local and regional access to existing municipal, rural, and agricultural areas and will not create new access to undeveloped lands. Therefore, this highway improvement Project will not support probable incompatible floodplain development.

Based on assessment of the significance of the risk or environmental impact, no additional measures are necessary to minimize floodplain impacts associated with the action.

There will be limited impacts to the natural and beneficial floodplain values of the floodplains along this Project. Since there will be temporary soil disturbance during construction activities, sediment and erosion control best management practices will be utilized during construction and disturbed areas will be seeded following construction.

There is no significant encroachment in to a base floodplain. This project does not result in a base flood causing significant potential interruption or termination of this transportation facility, which is needed for emergency vehicles or a community's only evacuation route. It also does not result in a significant risk or potential for loss of life or property due to the base flood. This project also does not result in a substantial adverse impact on natural and beneficial floodplain values. An alternatives analysis related to the significance of encroachment in to a base floodplain is not warranted.

This highway improvement project will maintain existing local and regional access to municipal, rural, and agricultural areas, and does not support incompatible floodplain development. An alternatives analysis related to the incompatible floodplain development is not warranted.

of

Project Location 414 2nd Ave. S.

Kearney, NE 68847

North Channel Platte River

Biological Assessment NDOT PQS Memorandum

Project Name: EV Station - Kearny Project Number: NVI FY26(003) Control Number: 43071

The biological assessment final approval on: 11/24/2025

Date of Project Description used for this review: 10/8/2025

Threatened and Endangered Species Effect Determination:

The Project(s) will have “No Effect” to all state or federally listed species or their designated critical habitat (CE Level 1).

A “May Affect, Not Likely to Adversely Affect” determination is made for the following species/critical habitat with the conservation conditions listed below (and will have “no effect” on all other listed species, except for any listed in the 3rd check box):

This BA did NOT require further consultation with the resource agencies.

This BA required further consultation with the resource agencies (CE Level 2).

USFWS Concurrence Date: Click here to enter a date.

NGPC Concurrence Date: Click here to enter a date.

Unique conservation conditions were developed and are included below.

A “May Affect, Likely to Adversely Affect” determination is made for the following species/critical habitat with the conservation conditions listed below: (CE Level 3).

Additional Coordination with Other Tribal or Federal Agencies: N/A

Description of Coordination: N/A

Platte River Flow Depletions and Borrow:

If the excavation of borrow sites will occur within the Platte River Basin and result in open water that could constitute a depletion to the Platte River system, upstream of the Loup confluence, the Nebraska Department of Natural Resources will be contacted. If a borrow site will result in a depletion to the Platte River system, downstream of the Loup confluence, NDOT will coordinate with the Nebraska Game and Parks Commission.

Bald and Golden Eagle Protection Act:

This project was also reviewed for potential impacts to bald and golden eagles. NDOT believes the project site does not have appropriate habitat for eagles. Due to the lack of suitable habitat and information that there are no known bald eagle nests within the project area, NDOT has determined that there will be no impact to these species.

Migratory Bird Treaty Act:

NDOT has developed an Avian Protection Plan (APP) to reduce conflicts between construction of NDOT projects and the laws governing migratory birds. This procedure is designed to protect and conserve avian populations and reduce avian conflicts through changes in project scheduling (i.e. tree clearing outside of primary nesting period), increased migratory bird surveys, and changes in project construction timelines.

NDOT will utilize its APP to reduce conflicts with migratory birds on this project.

Fish and Wildlife Coordination Act:

This project is occurring in an entirely paved area. Impacts to wetlands or other water of the US are not anticipated. Therefore no 404 permit is required and no coordination under the FWCA is anticipated.

Conservation Conditions: Responsible Party for conservation condition shown in parentheses.

Listed below are the required Conservation Conditions that apply to this project. These measures are not subject to change without the prior written approval of the NDOT Environmental Section. Copy and paste the conditions listed below verbatim in the NEPA document, the Green Sheet, and in the contract documents:

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)

A-6 Restricted Activities. The following project activities shall, to the extent possible, be restricted to between the beginning and ending points (stationing, reference posts, mile markers, and/or section-township-range references) of the project, within the right-of-way designated on the project plans:

borrow sites, burn sites, construction debris waste disposal areas, concrete and asphalt plants, haul roads, stockpiling areas, staging areas, and material storage sites.

For activities outside the project limits, the contractor should refer to the Nebraska Game and Park Commission website to determine which species ranges occur within the off-site area. The contractor should plan accordingly for any species surveys that may be required to approve the use of a borrow site, or other off-site activities. The contractor 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 one-time depletion of less than 10 acre feet. (NDOT Roadway Design, Contractor)

NDOT Construction Project Managers should contact NDOT Environmental at 402-479-4419 or matthew.greiner@nebraska.gov at least 30 days prior to construction start to schedule any required surveys.

NDOT PQS Reviewer Date

The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been carried out by NDOT pursuant to 23 USC 326 and the Second Renewed Memorandum of Understanding executed by FHWA and NDOT.

PQS Reviewer r

11/24/2025

The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been carried out by NDOT pursuant to 23 USC 326 and the Second Renewed Memorandum of Understanding executed by FHWA and NDOT.

This undertaking has been reviewed under the programmatic agreement entitled Programmatic Agreement Among the Federal Highway Administration, the Nebraska State Historic Preservation Officer, the Advisory Council on Historic Preservation and the Nebraska Department of Transportation to Satisfy the Requirements of Section 106 for the Federal Aid Highway Program in the State of Nebraska (February 2023), and meets the requirements to be considered a Tier II Project, Minimal Potential to Cause Effects.

Section 106 Tier II PQS Memo (Undertakings with Minimal Potential to Cause Effects)

No Historic Properties Affected

Control No: 43071 Project No: NEVI-FY26(003) Project Name: EV Station-Kearney Date of Project Description: 11/19/2025 (NDOT530) Project Location: Buffalo County

NDOT PQS Project Effects Determination: no historic properties affected

NDOT PQS Signature: Date: 11/25/2025

Per Stipulation VII.B(3)(a) of the Programmatic Agreement Among The Federal Highway Administration, The Nebraska State Historic Preservation Officer, The Advisory Council on Historic Preservation, and The Nebraska Department of Transportation To Satisfy The Requirements of Section 106 For The Federal-Aid Highway Program In the State of Nebraska, certain NDOT transportation projects constitute an undertaking, as defined in 36 CFR 800.16(y) but pose little potential to affect historic properties included in or considered eligible for the NRHP due to the nature of the activity and the specific scope of work. Projects of this type shall be reviewed for applicability, and documented as a Tier II project, no historic properties affected, using this form.

Appendix D Section(s) and Item Number(s) applied to this Project:

Section Item No.

B 1 E 2 E 3

Please note, in addition to installing EV charging infrastructure, the undertaking also includes the installation of new light poles. While the new light poles will not be installed within NDOT’s existing ROW, the new light poles will be installed in soils that have been previously disturbed by the construction of the existing gas station.

Tribal Consultation:

THPO/ Tribes Correspondence

Sent (date)

THPO/Tribal Response

(date) Comments no historic properties affec

FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act

Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water

Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for

Lobbying XII. Use of United States-Flag Vessels:

ATTACHMENTS

A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.

2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.

2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or…