project no. rd-34-7(1035) - nebraska1035).pdfproject no. rd-34-7(1035) - 4 - ill. employment of...

Project No. RD-34-7(1035)

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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.


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STATE OF NEBRASKA DEPARTMENT OF TRANSPORTATION

Required Provisions Supplemental to the

Standard Specifications for Highway Construction I. Application

These contract provisions shall apply to all work performed on the contract by the Contractor with his own organization and with the assistance of workmen under his immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. The Contractor shall insert in each of his subcontracts all of the stipulations contained in the Special Provisions and these Required Provisions. A breach of any of the stipulations contained in these Required Provisions may be grounds for termination of the contract.

II. Equal Opportunity

1. Selection of Labor

During the performance of this contract, the Contractor shall not discriminate against labor from any other state.

2. Nebraska Fair Employment Practices Act

The Contractor shall not discriminate against any employee or applicant for employment, to be employed in the performance of this contract with respect to his hire, tenure, terms, conditions, or privileges of employment, because of his race, color, religion, sex or national origin. The Contractor agrees to post in a conspicuous place or places a notice to be provided by the State Highway Department which sets forth excerpts of the Act.

3. Nebraska Equal Pay Act

The Contractor shall not discriminate on the basis of sex by paying wages to employees of one sex at a lesser rate than the rate paid to employees of the opposite sex for comparable work on jobs which have comparable requirements. An abstract of the Act is included on the notice which is provided by the State Highway Department.

November 7, 2017


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Ill. Employment of Labor

1. General

No person under the age of sixteen (16) years, and no one whose age or physical condition is such as to make his employment dangerous to his health or safety, or to the health and safety of others shall be employed on any project. This paragraph shall not be construed to deny the employment of older people or physically handicapped persons, otherwise employable, where such persons may be safely assigned to work which they can ably perform. No person currently serving sentence to a penal or correction institution shall be employed on any project.

Except as specifically provided under this section, workers who are qualified by training or experience to be assigned to projects of this character shall not be discriminated against on any grounds whatsoever.

2. Payrolls

Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working on the site of the work. The Contractor's and Subcontractor's payroll records shall be available for inspection by authorized representatives of the State Highway Department and authorized representatives of Federal Agencies. The wages of labor shall be paid in legal tender of the United States, except that this condition will be considered satisfied if payment is made by a negotiable check, on a solvent bank, which may be cashed readily by the employee in the local community for the full amount, without discount or collection charges of any kind. Where checks are used for payment the Contractor shall make all necessary arrangements for them to be cashed and shall give information regarding such arrangements.

No fee of any kind shall be asked or accepted by the Contractor or any of his agents from any person as a condition of employment on the project. No laborers shall be charged for any tools used in performing their respective duties except for reasonably avoidable loss or damage thereto. Every employee on the work covered by this contract shall be permitted to lodge, board and trade where and with whom he elects and neither the Contractor nor his agents, nor his employees shall directly or indirectly require as a condition of employment that an employee shall lodge, board or trade at a particular place or with a particular person. No charge shall be made for any transportation furnished by the Contractor or his agents to any person employed on the work.

November 7, 2017


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No individual shall be employed as a laborer on this contract except on a wage basis, but this shall not be construed to prohibit the rental of teams, trucks or other equipment from individuals. No such rental agreement, or any charges for feed, gasoline, supplies, or repairs on account of such agreement, shall cause any deduction from the wages accruing to any employee except as authorized by the regulations hereinbefore cited.

IV. Safety and Accident Prevention

In the performance of this contract, the Contractor shall comply with all applicable Federal, State and local laws governing safety, health and sanitation. The Contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions, on his own responsibility or as the contracting officer may determine, reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

V. Subletting or Assigning the Contract

The Contractor shall perform with his own organization contract work amounting to not less than 30 percent of the total contract amount except that any items designated in the contract as "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the total contract amount before computing the amount of work required to be performed by the Contractor with his own organization. Any items that have been selected as "Specialty Items" for the contract are listed as such in the Special Provisions found elsewhere in the contract.

No portion of the contract shall be sublet, assigned, or otherwise disposed of except with the written consent of the contracting officer or his authorized representative. Requests for permission to sublet assign or otherwise dispose of any portion of the contract shall be in writing and accompanied by a showing that the organization which will perform the work is particularly experienced and equipped for such work. The Contractor shall give assurance that the minimum wage for labor as stated in his proposal shall apply to labor performed on all work sublet, assigned or otherwise disposed of in any way. Consent to sublet, assign or otherwise dispose of any portion of the contract shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the contract.

November 7, 2017


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SPECIAL PROVISIONS FOR

STATE PROJECT NO. RD-34-7(1035)

GENERAL CONDITIONS

Bids for the work contemplated in this proposal form will be received at the office of the Nebraska Department of Transportation in Room 104 of the Central Office Building at 1500 Highway 2 at Lincoln, Nebraska, on December 14, 2017, until 1:30 P.M.

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.

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 Provisions dated April 4, 1995, are attached to and are a part of this proposal form.

The attention of bidders is directed to the Required Provisions covering subletting or assigning the contract.

The proposal contains a statement that the Contractor is complying with, and will continue to comply with, fair labor standards in the pursuit of his business and in the execution of the work contemplated in this proposal.

Fair labor standards shall be construed to mean such a scale of wages and conditions of employment as are paid and maintained by at least fifty percent of the Contractors in the same business or field of endeavor as the Contractor filing this proposal. GROUPS 1, 4, 6, 6A, 6B, 7, 9 & 10 ARE TIED TOGETHER AND BIDDING PROPOSAL FORMS FOR THIS WORK WILL BE ISSUED AND A CONTRACT AWARDED TO A CONTRACTOR WHO IS QUALIFIED FOR BITUMINOUS.

TRAINING SPECIAL PROVISIONS This On-the-Job Training (OJT) Program was created by the Federal Highway Administration (FHWA) and the Nebraska Department of Transportation (NDOT) to fulfill the Training Special Provisions requirements of federal-aid construction contracts (23 CFR 230, Appendix B to Subpart A). The purpose of the provision is to address the under-representation of minority and female workers in the construction trades through the assignment of OJT training goals. Therefore, the training and upgrading of minorities and women toward journeyman status is a primary objective of this Training Special Provision. Accordingly, the Contractor shall make every effort to enroll minority and women trainees (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees) to the extent that such persons are available within a reasonable area of recruitment.


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All Contractors will be responsible for demonstrating the steps that they have taken to recruit minority and women trainees prior to a determination as to whether the Contractor is in compliance with this Training Special Provision. This training commitment is not intended, and shall not be used, to discriminate against any applicant for training, whether a member of a minority group or not. The Contractor shall provide on-the-job training aimed at developing full journey-level status in the type of trade or job classification involved. The number of training hours under this Training Special Provision will be assigned to each Contractor as set forth below. 1. Under the NDOT Contractor-Specific On-the-Job Training (OJT) Program, OJT hours

will be assigned to Contractors and will not be contract or project specific, except as noted in paragraph “a.” below.

a. Contractors who have not received an OJT assignment and are awarded a

federally funded project let by NDOT will be required to fulfill the number of OJT hours as identified in each contract. The number of training hours to be provided under this contract shall be: 0 hours.

A Contractor who has received an OJT assignment will be allowed to provide

training on any NDOT-let project on which the Contractor is working as either a Prime Contractor or a Subcontractor. A Contractor will have the flexibility to transfer trainees from one project to another after providing notification of the transfer to NDOT.

b. If this project does not have a contract-specific training requirement, or if the

number of training hours is set at zero (0), NDOT will add a training pay item with a nominal 100-hour quantity, that may overrun or underrun, which will be utilized only if the Contractor elects to provide training on this contract.

2. In January each year, NDOT will allocate OJT assignments to Contractors based on the

total average dollar amount of all work performed by a Contractor on NDOT-let projects during the previous three (3) calendar years. The total dollar amount will consist of:

a. The total dollar amount of the Contractor’s prime contracts let by NDOT (both

federal and state funded) minus the total dollar amount of the work subcontracted out to others, and

b. The total dollar amount of the subcontract work the Contractor performed for

others on NDOT-let projects.


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The Contractor’s average dollar amount for the previous three calendar years will be calculated, and training hours will then be assigned as follows:

Three Year Average Training Assignments Under $2,500,000 0 hours $2,500,000 to 5,000,000 1,000 hours Over $5,000,000 to 7,500,000 1,500 hours Over $7,500,000 to 10,000,000 2,000 hours Over $10,000,000 to 15,000,000 3,000 hours Over $15,000,000 to 20,000,000 4,000 hours Over $20,000,000 to 25,000,000 5,000 hours Over $25,000,000 to 30,000,000 6,000 hours Over $30,000,000 to 40,000,000 8,000 hours Over $40,000,000 to 50,000,000 10,000 hours Over $50,000,000 to 60,000,000 12,000 hours Over $60,000,000 15,000 hours

Example: Contractor A, who averaged $28.66 million, would be assigned 6,000 hours of OJT. Contractor B, who averaged $10.33 million, would be assigned 3,000 hours of OJT. Contractor C, who averaged $2.26 million, would not be assigned any OJT hours.

2011 2012 2013 3 Year

Average 2014 OJT Assignment

Contractor A 24.3 33.4 28.3 28.66 6,000 hours Contractor B 9.3 11.9 9.8 10.33 3,000 hours Contractor C 2.3 1.4 3.1 2.26 0 hours

3. The OJT hours assigned to a Contractor in January are to be completed during that

calendar year (e.g., OJT hours assigned in January of 2014 are to be completed during the period of January 1, 2014 thru December 31, 2014).

a. If a Contractor exceeds the number of OJT hours assigned for a calendar year,

the Contractor may request to bank up to 30 percent of the excess hours. Banked hours may then be credited toward the Contractor’s OJT assignment for the next calendar year.

4. A Contractor who has not received an annual OJT assignment and is required to provide

OJT on a contract-specific basis cannot receive credit for any OJT hours provided by any other Contractor working on the project who has received a Contractor-specific OJT assignment.

5. Completion of the annual OJT assignment is the Contractor’s responsibility. The

Contractor is not allowed to assign any of the OJT hours to any other Contractor. The Contractor must make a Good Faith Effort to enroll an adequate number of trainees and provide the trainees a sufficient number of hours training to achieve the Contractor’s annual OJT assignment.

6. While trainees may be assigned to NDOT-let federally or state funded projects, the

Contractor should attempt to schedule and assign trainees so that at least 50 percent of a trainee’s hours are earned on federally funded projects - unless otherwise approved in advance by NDOT.


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7. The Contractor must use an OJT program approved by NDOT and/or the FHWA. An

OJT program shall be approved if it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and qualify the average trainee for journey-level status in the job classification concerned by the end of the training period. An approved OJT program must specify the number of hours required for a trainee to achieve journey-level status in each job classification. Furthermore, apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, shall also be considered acceptable provided they are being administered in a manner consistent with the equal employment obligations of federal-aid highway construction contracts.

8. The Contractor shall furnish each trainee a copy of the OJT Program he/she will follow in

providing the training. The Contractor shall also provide each trainee with a certification showing the type and length of training satisfactorily completed.

9. The Contractor’s Equal Employment Opportunity (EEO) Officer shall be responsible for

administering the Contractor’s OJT and monitoring the trainees’ progress. The EEO Officer shall serve as the point of contact for NDOT regarding OJT information, documentation, and conflict resolution. If necessary, the EEO Officer may designate another individual to assist with the OJT monitoring responsibilities. NDOT must be provided the name and contact information for any such designee.

10. At least seven (7) days prior to commencing training, the Contractor must submit a

“Request for Trainee Approval” form to NDOT for each individual to be enrolled as a trainee and a tentative list of the projects to which the trainee will be assigned. Requests for Trainee Approval may be submitted by mail, fax, or email.

11. If the Contractor submits a “Request for Trainee Approval” form to NDOT for an

individual who is not a minority or female, or cannot replace departing trainees with minorities or females, the Contractor must also produce sufficient Good Faith Efforts documentation of the type set forth below. NDOT may reject non-minority male trainees for entry into the program if it determines that a Contractor failed to make sufficient Good Faith Efforts to hire minorities or female trainees and/or the Contractor failed to document or submit evidence of its Good Faith Efforts to do so.

12. Any training hours provided to a trainee prior to the Contractor receiving approval from

NDOT will not be credited toward the Contractor’s annual OJT assignment. 13. When an individual is first enrolled as a trainee, the individual will be approved for the

number of hours of OJT required to achieve journey-level status in the classification for which the individual is to receive training. (A Contractor will not be penalized if a trainee does not achieve the full number of hours for which the trainee is approved.)

14. If the Contractor is unable to provide a trainee the full number of training hours required

to achieve journey-level status on one project, the trainee should be transferred to other NDOT-let projects on which the Contractor is working.


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15. At least one (1) day before all such transfers of trainees are made, the Contractor must provide NDOT in writing the name of the trainee and current project, the project to which the trainee will be transferred, and when the transfer is to take place. Notifications of trainee transfers may be submitted by mail, fax, or email.

16. Any training hours provided to a transferred trainee prior to the Contractor having

notified NDOT of the transfer will not be credited toward the Contractor’s annual OJT assignment.

17. No individual may be employed as a trainee in any classification in which they have

successfully completed training leading to journey-level status or in which they have been employed at journey-level. No individual may be employed as a trainee in any classification with a lower skill level than any classification in which they have successfully completed training leading to journey-level status or in which they have been employed at journey-level (e.g., an individual who has achieved journey-level status as an equipment operator may not be trained as a laborer). The Contractor should satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used, the Contractor's records should document the findings in each case.

An individual may be trained in multiple classifications that require relatively equal skill

levels but different skill sets (e.g., an individual who has received training as a milling machine operator may also receive training as a roller operator, or a scraper operator, etc.). Preferably, an individual should have achieved journey-level status in a classification before beginning training in another classification.

The Contractor must request and receive approval from NDOT for an individual to

receive training in a classification other than the classification for which the individual was originally approved. Any training hours provided prior to receiving approval from NDOT will not be credited toward the Contractor’s annual OJT assignment.

18. Training shall be provided in construction crafts rather than clerk-typist or secretarial-

type positions. Training is permissible in positions that are not assigned to a specific project such as office engineers, estimators, timekeepers, shop mechanics, etc., if the selected OJT program includes these classifications. Training in such positions will not be eligible for reimbursement, but will be eligible to be credited toward the Contractor’s annual OJT assignment.

19. Some off-site training is permissible as long as the training is an integral part of an

approved OJT program and does not comprise a significant part of the overall training (e.g., 16 hours training per trainee per year in areas such as jobsite safety or accident response would be permissible). A copy of a training certificate, agenda, or curriculum must be provided to verify off-site training.

20. The Contractor will be reimbursed $2.00 per each hour of training provided in

accordance with an approved OJT program and the NDOT Training Special Provisions. 21. Contractors shall be allowed to transfer trainees or utilize trainees on other NDOT-let

projects which do not contain the Training Special Provisions. NDOT will utilize a Change Order / Supplemental Agreement to incorporate the Training Special Provisions and the appropriate pay item into the contracts of such projects.


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22. On all federally funded NDOT-let projects, trainees must be paid at least 60 percent of the appropriate minimum journey-level rate specified in the contract for the first half of the training period, 75 percent for the third quarter, and 90 percent for the last quarter of the training period - or the appropriate rates approved by the U.S. Department of Labor or the U.S. Department of Transportation in connection with the program in which the trainee is enrolled.

23. In order to document and evaluate a trainee’s progress toward journey-level status, the

Contractor must provide NDOT at the end of each month a “Special Training Provision Monthly On-The-Job Training Report” listing each trainee, the number of hours trained during the month, and the total number of hours trained as of the date of the report. NOTE: The monthly reporting requirements may change if/when on-line reporting is implemented by NDOT.

24. If a trainee’s employment is terminated for any reason prior to completion of the number

of OJT hours for which the individual was approved, the Contractor must make Good Faith Efforts to replace the trainee with another minority or female.

25. Contractors must submit an annual summary report to NDOT by January 15th each year

giving an account of all trainee hours provided during the previous year. The report shall show a breakdown of training provided on each project and/or contract.

26. Contractors will have fulfilled their OJT responsibilities if they have provided acceptable

training for the number of hours assigned, or have demonstrated that they made a Good Faith Effort to provide the number of OJT hours assigned. Where a Contractor cannot meet his or her annual training hour goal with females and minorities, the Contractor remains responsible for demonstrating the Good Faith Efforts taken in pursuance of the goal. Examples of what actions constitute Good Faith Efforts are set forth below. NDOT will make compliance determinations regarding the Training Special Provisions based upon either attainment of the annual goal or Good Faith Efforts to meet it.

27. Good Faith Efforts are those designed to achieve equal opportunity through positive,

aggressive, and continuous results-oriented measures (23 CFR § 230.409(g)(4)). Good Faith Efforts should be taken as trainee-hiring opportunities arise and when minorities and women are under-represented in the Contractor’s workforce. NDOT will consider all Contractors’ documentation of Good Faith Efforts on a case-by-case basis and take into account the following:

a. Availability of minorities, females, and disadvantaged persons for training;

b. The potential for effective training;

c. Duration of the contract;

d. Dollar value of the contract;

e. Total normal work force that the average Contractor could be expected to use;

f. Geographic location;

g. Type of work;

h. The need for journey level individuals in the area.


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Good Faith Efforts may include, but are not limited to, documentation of efforts to:

Contact minority and female employees to gain referrals on other minority and female applicants;

Refer specific minorities and females to training programs and specifically

request these trainees by name in the future;

Upgrade minority and female unskilled workers into the skilled classifications when possible;

Accept applications at the project site or at the Contractor’s home office;

Review and follow up on previously received applications from minorities and

females when hiring opportunities arise;

Maintain monthly evaluations that monitor efforts made to achieve diversity in the Contractor’s workforce in general (i.e., significant numbers of minorities and females employed on a company-wide basis);

Provide incentives for project management personnel or superintendents when

hiring goals are met on a project (i.e., similar to performance bonuses paid when a job is completed in a timely manner and under budget).

28. Liquidated damages will be assessed the Contractor for failure to demonstrate a Good

Faith Effort to achieve their full OJT assignment or for failure to demonstrate a Good Faith Effort to achieve their full OJT assignment with minority and women trainees.

Liquidated damages will be assessed at the rate of $4.00 per hour for the number of OJT hours not achieved or, even if achieved, the number of OJT hours in which the Contractor fails to demonstrate Good Faith Efforts to hire minorities and women. (e.g., if the Contractor was assigned 3,000 hours but only achieved 2,000 hours and did not demonstrate a Good Faith Effort, the liquidated damages would be assessed at 1,000 hours x $4.00 = $4,000.00.)

29. NDOT will invoice a Contractor for liquidated damages assessed as a result of the

Contractor’s failure to demonstrate a Good Faith Effort to achieve the number of OJT hours assigned.

The Contractor’s failure to promptly pay any invoice for liquidated damages may result in

the Contractor being disqualified to bid work with NDOT for a time period determined by the Director/State Engineer.

30. At the end of the calendar year, if the dollar amount of work the Contractor performed on

NDOT-let projects is substantially below the three-year average upon which the Contractor’s OJT assignment was based, the Contractor’s OJT goal for that year may be adjusted according to the table in Paragraph 2. above.


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31. The established per hour unit price for the item “Training” shall be full compensation for all costs incurred, which includes but is not limited to providing the necessary supervision, labor, equipment, tools and material. Any additional costs due to payment of wages in excess of the minimum rates specified and for the payment of any fringe benefits shall not be paid for directly, but shall be considered subsidiary to the items for which direct payment is made.

AMENDMENT TO CONSTRUCTION TRAINING REPORT REQUIREMENTS The last sentence under Paragraph C., on Page 5 of the Standard Federal Equal Employment Opportunity Construction Contract Specifications, dated November 3, 1980, is void. FHWA Form 1409 “Federal-aid Highway Construction Contractor’s Semi-Annual Training Report” is not required.

STATUS OF UTILITIES The following information is current as of October 18, 2017. Aerial and/or underground utility facilities may exist within this project. The Contractor should request a utility status update at the project pre-construction conference, and/or prior to start 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 Diggers Hotline of Nebraska at 1-800-331-5666 or dial 811. The following utilities have facilities within the project area, and have been provided project plans: Village of Nehawka: Existing facilities are in the project area. Village of Union: Existing facilities are in the project area. AT&T: Existing facilities are in the project area, but no conflicts are anticipated Otoe County Rural Water District #3: Existing facilities are in the project area. OPPD: Has electrical facilities throughout the project area that conflict with the proposed highway improvements. OPPD will relocate facilities in conflict to accommodate the highway project. For construction coordination and information regarding OPPD’s facilities, contact Mr. Joe Ostblom at (402) 636-3513. Nebraska Public Power District: Existing facilities are in the project area, but no conflicts are anticipated.


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Cass County Rural Water District #1: Existing facilities are in the project area. Sprint Communications: Existing facilities are in the project area. Level 3 Communications: Existing facilities are in the project area. National Co-operative Refinery Association: Existing facilities are in the project area. Magellan Midstream Partners L.P.: Existing facilities are in the project area. Windstream: Existing facilities are in the project area. CenturyLink: Existing facilities are in the project area. All utility relocation will be accomplished prior to and/or concurrent with construction.

STATUS OF RIGHT OF WAY The right of way for this project 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 current Federal Highway Administration directives covering the acquisition of real property.

All right of way clearance has been completed.

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

No individual or families were required to be relocated.

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


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PROSECUTION AND PROGRESS (Winter Work)

Paragraph 3 of Subsection 108.02 in the Standard Specifications is amended to provide that the working day count on this project will be suspended from 12-2-2018 through 3-31-2019. The Contractor will be permitted to work on this project during this time period without charging of working days against the contract time allowance. In the event that the project is not completed during this period, the working day count will resume on 4-1-2019, in accordance with the Standard Specifications, unless otherwise directed by the Engineer.

SPECIAL PROSECUTION AND PROGRESS (Phasing)

The plans and these Special Provisions depict phasing sequences that are to be used in the construction of this project. Any deviation from these phasing sequences shall require the written approval of the Engineer. The Contractor shall be required to install new guardrail at all bridge locations at the completion of each phase, prior to switching traffic. Any deviation from this requirement shall require the written approval of the Engineer. All contract work items, except the waterproofing membrane and asphalt overlay for the bridge located at Sta. 1375+31 shall be completed prior to starting work on the bridge at Sta. 1384+65, due to railroad signaling requirements and vehicle storage limitations during phasing of the bridge construction. For any grading that is performed in 2018, the Contractor shall ensure that positive drainage is maintained and that there are no drop-offs between the existing roadway and the new grading sections. Any exposed grading shall be, at a minimum, covercrop or permanent seeded in accordance with the specifications. Traffic shall be returned to normal two-lane, two way traffic by December 1, 2018. Normal two-lane, two way traffic is defined as uninterrupted traffic flow at the pre-construction posted speed limit. No traffic shall be allowed on any milled surface, all concrete protection barriers shall be removed, all temporary traffic signals shall be removed and no work shall occur within the limits of the lateral obstacle clear zones after December 1, 2018 without written approval of the Engineer. If work does continue after December 1, 2018, the working day count will continue until the previous mentioned conditions are met. At that time, the working day count will be suspended until April 1, 2019.

SPECIAL PROSECUTION AND PROGRESS (General Requirements)

The Project Manager will develop a traffic control plan for the project that will include signing for pedestrians. All sidewalk signing, as directed by the Engineer, will be accomplished using standard Type II barricades (not cones) and Contractor supplied signs attached to the Type II barricades. The bid items for this sidewalk signing will be Sign Day and Barricade, Type II. Helical pile will not be allowed as an alternate for bridges at Sta. 1335+91 & 1375+31.


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SPECIAL PROSECUTION AND PROGRESS

(Migratory Bird Responsibility)

The Department will be responsible for preventing migratory birds from nesting on this project until 30 calendar days after the execution of the contract or an approved, earlier, Contractor-requested start date, whichever occurs first. At that time, the Contractor shall assume the responsibility for attempting to prevent the nesting of migratory birds throughout the duration of the project, in accordance with other provisions contained in the contract. The Department will issue the Contractor a Notice to Proceed for this migratory bird-related work, but the work can be performed without the charge of Working/Calendar Days prior to the tentative starting date shown in the Proposal or other mutually agreed upon date for the remainder of the work to commence --- or the actual date the remainder of the work commences --- whichever occurs first.

SPECIAL PROSECUTION AND PROGRESS (Milling/Asphaltic Concrete Placement)

(Sta 1105+45 to 1368+93) Traffic will not be allowed on any surface that has been milled to a depth greater than 2 inches.

SPECIAL PROSECUTION AND PROGRESS (Milling/Asphaltic Concrete Placement)

(Sta 1390+51 to 1426+52)

Traffic will not be allowed on any surface that has been milled.

NOTICE TO BIDDERS

Any references to the Nebraska Department of Roads, NDR, or NDOR within the Plans, Special Provisions or the Standard Specifications shall be taken to mean the Nebraska Department of Transportation (NDOT).


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STATUS OF ENVIRONMENTAL COMMITMENTS


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ENVIRONMENTAL COMMITMENT

Control No.: 12988 Project No.: RD-34-7(1035)

Project Name: Union West Below are the Conservation Conditions that will be required for this project. All conditions and regulations of any permit obtained for this project will be followed by the Contractor. (Responsible Party for the measure is found in parentheses) Regulated Wetlands and/or Water Resources for this project have been identified and delineated in the field by NDOT. The Contractor shall not drive through, stage, store, waste or stockpile materials and equipment within delineated wetland boundaries (Wetlands – Do Not Disturb) and/or environmentally sensitive areas (Area of Environmental Concern – Do Not Disturb) as shown in the 2-W aerial plan sheets and/or the erosion control plan sheets included in the plan set. (Contractor, District Construction) All listed 404 Permit Special Conditions as included in the attached 404 Permit document must be complied with including Section 401 Water Quality Certification conditions and/or all other conditions required for compliance state and federal regulations. (Contractor, District Construction) All Nationwide Permit General Conditions and Nebraska Regional Conditions will be followed, as applicable. Based on the project scope (NDOT Control No. 12988), the items indicated with checkmarks in the attached document (NDOT Contractor Requirements Sheet) appear to be applicable and relevant to the Contractor and project manager. (Contractor, District Construction) NDOT shall notify the Nebraska Regulatory Office of any design changes to the proposed project. Notification must be submitted to the EPU Project Manager, Katie Krajicek, for a permit compliance review a minimum of 14 days prior to implementation of the proposed design change. (Roadway Design, District Construction, Contractor)

Note: This condition applies to all design changes to include both those design changes made as Plan Revisions by Roadway Design and those made in the field by District Construction request and approval. This condition is limited to those areas identified as the Wetlands or Waters of the U.S. and/or Waters of the State as shown on the 2-W aerial plan sheets included in the letting plans.

Concurrent with construction, silt curtains or other sediment control measures will be employed to reduce soil erosion and sedimentation into waters of the U.S. The amount of sediment entering waters of the U.S. and leaving the site shall be reduced to the maximum extent practicable. If the Contractor fails to institute all appropriate measures, the Corps reserves the option to halt all earthmoving operations until the erosion/sedimentation problems are corrected. (Contractor) Any temporary fill (i.e. bridge debris, construction debris, etc.) discharged below the ordinary high water mark shall be removed on a daily basis. All debris shall be disposed of upland in such a manner that it cannot enter any wetlands or waters of the U.S. (District Construction, Contractor)


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Construction mats or timber mats must be used to minimize heavy machinery impacting any wetlands or waters of the U.S. All mats will be removed upon completion of construction and any disturbance of wetlands or waters of the U.S. will be restored by minor grading to preconstruction conditions. Disturbed areas will be seeded and erosion control measures will be implemented as appropriate. (District Construction, Contractor) NDOT and the Contractor are responsible for ensuring that the Corps is notified of the location of any borrow or waste site that will be used in conjunction with the construction of the authorized activity so the Corps may evaluate the site for potential impacts to aquatic resources, historic properties and endangered species. For a project where there is another lead Federal Agency (e.g. the Federal Highway Administration), the NDOT shall provide the Corps documentation indicating that lead Federal Agency has complied with the National Historic Preservation Act and the Endangered Species Act for the borrow site. NDOT and the Contractor shall not initiate work at the borrow site in conjunction with the authorized activity until approval is received from the Corps.

Note: To comply with this permit condition, the Contractor must submit a Materials Source Site/Waste Site Request Form to the NDOT Construction Division at least 60 days prior to the date the Contractor expects to begin borrow or waste operations at the site.

The NDOT Construction Division will route the Materials Source Site/Waste Site

Request Form submitted by the Contractor to the U.S. Army Corps of Engineers (USACE), the Nebraska Game and Parks Commission (NGPC) including a courtesy copy to the U.S. Fish and Wildlife Service (USFWS), the Nebraska Department of Natural Resources (DNR), and the Nebraska State Historical Society (NSHS).

If required, NDOT will complete the Platte River depletion calculation for

borrow/waste sites that pond and/or exposed groundwater with the Platte River basin. The Contractor shall be responsible for all offsets required by for compliance with the Platte River Recovery Implementation Plan (PRRIP).

Upon receipt of the response from the resource agencies (FWS, NGPC, NSHS,

DNR) and the USACE, NDOT will provide the Contractor notification of approval or denial of the requested site. The Contractor shall comply with all conditions established by the Resource Agencies.

The Contractor is responsible for contacting the Nebraska Department of

Environmental Quality (NDEQ) for authorizations under the National Pollutant Discharge Elimination System (NPDES) and/or any Local Government permits or authorizations required (e.g. local mining permits).

During the first growing season following the completion of construction, documentation and photos of the wetland areas impacted by the temporary work will be submitted to the Nebraska Regulatory Office. Documentation shall be submitted no later than December 1st of each year until the Corps is satisfied the impacted wetland have fully reestablished. (District Construction, Contractor)


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Prior to the commencement of construction activities, NDOT District Project Manager shall provide the following to the COE Wehrspann Regulatory Office address listed below: construction start date, project manager’s or point of contact’s name and the project manager’s or point of contact’s phone number. Reference the COE Permit Number 2017-00507-WEH in all correspondence sent to the COE Regulatory Office.

Phil Rezac U.S. Army Corps of Engineers Nebraska Regulatory Office – Wehrspann 8901 South 154th Street, Suite 1 Omaha, NE 68138-3621 (402) 896-0896 [email protected]

Northern Long-eared Bat (NLEB): This project is within the NLEB range and White Nose Syndrome (WNS) zone. There are no known hibernacula sites or known maternity roost tree(s) within a ¼ mile of the permit review area(s) at this time. For purposes of this special condition, “tree removal” is defined as cutting down, harvesting, destroying, trimming, or manipulating in any other way the trees, saplings, snags, or any other form of woody vegetation likely to be used by NLEB, as defined by the Final 4(d) Rule published on February 15, 2016. Refer to the U.S. Fish and Wildlife Service (USFWS) website: http://www.fws.gov/midwest/Endangered/mammals/nleb/index.html:

a. Tree removal will NOT occur from June 1st through July 31st. If the permittee proposes to schedule tree removal during this time period, the permittee must submit a request to the Nebraska Regulatory Office (NRO). The NRO will coordinate this request with the USFWS for concurrence and NLEB surveys may be required. (District Construction, Contractor)

b. Tree removal will NOT occur within ¼ mile of any NLEB hibernacula at any time of

the year. (District Construction, Contractor) All areas adjacent (contiguous, bordering, neighboring) to jurisdictional waters disturbed by construction shall be revegetated with appropriate perennial, native grasses and forbs and maintained in this condition. In accordance with Executive Order 13112, the use of invasive species and non-native species is not appropriate for revegetation of disturbed areas. A cover crop may be planted to aid in the establishment of native vegetation. The disturbed area shall be reseeded concurrently with the project or immediately upon completion. Revegetation shall be acceptable when ground cover of appropriate perennial, native grasses and forbs reaches 75%. If this seeding cannot be accomplished by September 15 in the year of project completion, then an erosion blanket shall be placed on the disturbed areas. The erosion blanket shall remain in place until ground cover of appropriate perennial, native grasses and forbs reaches 75%. If the seeding can be accomplished by September 15, all seeded areas shall be properly mulched to prevent erosion. (District Construction, Contractor)


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When vegetation has been established, all temporary erosion control materials shall be removed from the project site. Biodegradable or photodegradable materials need not be removed. (District Construction, Contractor)

The intent of the above Special Condition is that all temporary erosion control measures installed such as silt fence and associated steel posts shall be removed upon completion of the project or upon vegetation establishment reaching the specified success criteria. Biodegradable and photodegradable erosion control measures detailed in the final erosion control plans are intended to remain in place upon completion of the project. Temporary biodegradable/photodegradable erosion control measures such as wood mulch berms and erosion checks may be left in place upon completion of the project.

Temporary Structures/Work/Fill

The use of dredged material in the construction of temporary structures or used for temporary work or used as temporary fill shall not be allowed. The term “dredged material” means material that is excavated or dredged from waters of the U.S. All temporary fill material shall be obtained from an upland source.

Upon completion of the construction activity, all temporary fill material shall be removed in its entirety from the water of the U.S. to an upland area and the affected area shall be restored to its pre-construction condition. Wetlands disturbed by temporary construction shall be seeded with appropriate native hydrophytic species.

When temporary fills are placed in wetlands, a horizontal marker (i.e. fabric, certified weed-free straw, a ground survey with minimum accuracy of 0.10-foot, etc.) must be used to demarcate the existing ground elevation of wetlands that will be temporarily filled during construction, in order to restore the wetlands to pre-project conditions.

A proposal for the temporary structure/work/fill, if not already provided, shall be submitted 14 days prior to construction and authorized/verified by the Nebraska Regulatory Office prior to the commencement of construction.

The Nebraska Regulatory Office shall be notified with documentation (i.e. photos) when the site has been restored to its pre-project condition.

In compliance with General Condition 30, upon completion of the authorized work and any required mitigation, the Compliance Certification form must be signed and returned to the Corp of Engineers. Also, please send copies to: (District Construction, NDOT Environmental)

Lori Ellison-Wiig Nebraska Department of Environmental Quality Project Development AND Attn: CWA Section 401 Coordinator Environmental Section PO Box 98922 [email protected] Lincoln NE 68509-8922 [email protected] Fax: (402) 471-2909

The time limit for completing the work authorized ends on March 18, 2022. Should the project plans change or if your activity has not commenced or under contract to commence by March 18, 2022, NDOT must contact the Corps of Engineers in writing for another permit determination. The COE will issue a public notice when the NWP’s are reissued. Furthermore, if NDOT commences or are under contract to commence the authorized activity before March 18, 2022, NDOT will have twelve (12) months from that date to complete the activity


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under the present terms and conditions of this NWP. If NDOT needs more than one additional year to complete the authorized activity, or if work has not commenced and is not under contract to commence, NDOT will need to obtain a new verification under the 2022 NWPs or have the remaining work authorized by another type of DA Permit. If field modifications are made to what is shown on the letting plans within the areas identified in the attached permit, the EPU Project Manager, Katie Krajicek, must be notified prior to construction of the modification. Additional consultation and permitting may be required. Any construction activities are prohibited in all other areas shown as non-impacted wetlands or waters of the U.S.

Contact Person: Katie Krajicek, Highway Environmental Biologist, (402) 479-3812 General Conservation Conditions Changes in Project Scope. If there is a change in the project scope, the project limits, or environmental commitments, the NDOT Environmental Section must be contacted 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, Contractor) Threatened and Endangered Species. The Contractor shall reference the Nebraska Game and Parks Commission website for a reference of federal and state listed species that may occur in the project vicinity prior to starting project construction. These guidance document can be found at:

http://agcne.org/member-portal/ http://outdoornebraska.gov/naturalheritageprogram/

If federal or state listed species are observed during construction, stop work and contact the NDOT Environmental Section to determine action required prior to resuming work. (NDOT Environmental, District Construction, Contractor) Refueling. Refueling will be conducted within the confines of the paved roadway surface or within the boundaries of an approved stockpile/staging site. (Contractor) Restricted Activities. The following project activities shall, to the extent possible, be restricted to between the beginning and ending points of the project, within the right-of-way designated on the project plans.

Borrow sites Construction debris waste disposal areas Asphalt plants Haul roads Stockpiling areas Staging areas Material storage sites

Any project related activities that occur outside of the project limits (includes the paved surface and within 12 inches of the paved surface) must be environmentally cleared/permitted with the


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Nebraska Game and Parks Commission as well as any other appropriate agencies by the Contractor and those clearances/permits shall be submitted to the District Construction Project Manager prior to the start of the above listed project activities. The Contractor shall submit a NDOT Plant Site/Stockpile Site Request Identification and Evaluation Form (DR Form 56) and/or a Borrow Site/Waste Site Request Identification and Evaluation Form (DR Form 119) as appropriate, and include information such as an aerial photo showing the proposed activity site, a plan-sheet or drawing showing the location and dimensions of the activity site, ground photos showing the existing conditions at the proposed activity site, etc. The Contractor must receive notice of acceptance from NDOT, prior to starting the above listed project activities. These project activities cannot adversely affect state and/or federally listed species or designated critical habitat. Fill cannot be placed in Wetland, Stream or other Waters of the U.S without authorization. (NDOT Environmental, District Construction, Contractor) Waste/Debris. Construction waste/debris will be disposed of in areas or a manner which will not adversely affect state and/or federally listed species and/or designated critical habitat. (Contractor) Northern Long-eared Bat NLEB-1 Tree clearing and bridge deck joint replacements over the bridge deck will be

scheduled to occur between October 1st – March 31st to avoid impacts to the northern long-eared bat roosting period. (NDOT Environmental, Construction, Contractor)

OR NLEB-2 If tree clearing or bridge deck joint replacement over the bridge deck occurs during

the northern long-eared bat roosting period (April 1st – September 30th), NDOT personnel will perform surveys prior to the start of these activities at the following locations: Structures SS034 36465 and S034 36539, bridges over Weeping Water Creek (location of suitable habitat). If the species is absent, work may proceed. If the species is found, NDOT Environmental Section will consult with the USFWS, NGPC, and FHWA prior to the start of construction. (NDOT Environmental, Construction, Contractor)

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.

NDOT Construction Project Managers should contact NDOT Environmental at 402-479-3546 or [email protected] at least 30 days prior to construction start to schedule Northern Long-eared Bat and Bald Eagle surveys.

Contact Person: Melissa Marinovich, Highway Environmental Biologist, (402) 479-3546


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Lead Paint The abutment bearings of structure S034 36539 will be cleaned and painted. There is potential for lead based paint to be found on the bearings. If lead-based paint is being removed in a manner that would create waste debris (i.e. sandblasting, abrasive removal, scraping), the Contractor shall remove the paint in accordance with NDOT’s Standard Specification for Highway Construction Section 732 (Lead-based Paint Removal) and Title 128, Nebraska Hazardous Waste Regulations. Extreme caution shall be taken to minimize the amount of potential lead based painted material or debris from causing or threatening to cause pollution of the air, land and waters of the State. The Contractors implementation plan efforts shall be documented in ECOD. (Contractor, NDOT District) Encountering Unexpected Waste If contaminated soils and/or water or hazardous materials are encountered, then all work within the immediate area of the discovered hazardous material shall stop until NDOT/FHWA is notified and a plan to dispose of the Hazardous Materials has been developed. Then NDEQ shall be consulted and a remediation plan shall be developed for this project. The potential exists to have contaminants present resulting from minor spillage during fueling and service associated with construction equipment. Should contamination be found on the project during construction, the NDEQ shall be contacted for consultation and appropriate actions to be taken. 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. (Contractor, NDOT District) Contact Person: Carrie Wencel, Highway Environmental Biologist, (402) 479-4836 Construction Stormwater 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. (Contractor) Contact Person: Ron Poe, Highway Environmental Program Manager, (402) 479-4499


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WETLANDS 404 PERMIT


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Nationwide Permit 14

Linear Transportation Projects

Activities required for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non-tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters of the United States. For linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than 1/ 3-acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre- construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. This NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. Notification: The permittee must submit a pre-construction notification to the District Engineer prior to commencing the activity if: (1) The loss of waters of the United States exceeds 1/10-acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See General Condition 32.) (Authorities: Sections 10 and 404) Note 1: For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Linear transportation projects must comply with 33 CFR 330.6(d). Note 2: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4). Note 3: For NWP 14 activities that require pre-construction notification, the PCN must include any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require Department of the Army authorization but do not require pre- construction notification (see paragraph (b) of general condition 32). The District Engineer will evaluate the PCN in accordance with Section D, ‘‘District Engineer’s Decision.’’


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The District Engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23). Nationwide Permit General Conditions Note: To qualify for NWP authorization, the prospective permittee must comply with the following General Conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or District Engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/ or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee’s expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity’s primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.


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4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects from Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.


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12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP General Conditions, as well as any activity-specific conditions added by the District Engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a ‘‘study river’’ for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a ‘‘study river’’ for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The District Engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the District Engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands.


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18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which ‘‘may affect’’ a listed species or critical habitat, unless ESA Section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the District Engineer with the appropriate documentation to demonstrate compliance with those requirements. The District Engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA Section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under Section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The District Engineer will determine whether the proposed activity ‘‘may affect’’ or will have ‘‘no effect’’ to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. In cases where the non- Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have ‘‘no effect’’ on listed species or critical habitat, or until ESA Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the District Engineer may add species- specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the ‘‘take’’ of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with ‘‘incidental take’’ provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where ‘‘take’’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word ‘‘harm’’ in the definition of ‘‘take’’ means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA Section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA Section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The District Engineer will coordinate with the agency that issued the ESA Section 10(a)(1)(B) permit to


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determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA Section 7 consultation conducted for the ESA Section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA Section 7 consultation for the ESA Section 10(a)(1)(B) permit, the District Engineer does not need to conduct a separate ESA Section 7 consultation for the proposed NWP activity. The District Engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA Section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA Section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide Web pages at http://www.fws.gov/ or http:// www.fws.gov/ipac and http:// www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether ‘‘incidental take’’ permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) In cases where the District Engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the District Engineer with the appropriate documentation to demonstrate compliance with those requirements. The District Engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under Section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with Section 106. (c) Non-federal permittees must submit a pre-construction notification to the District Engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre- construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, District Engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The District Engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information


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submitted in the PCN and these identification efforts, the District Engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the District Engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the District Engineer determines that the activity has the potential to cause effects on historic properties. The District Engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of Section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the District Engineer either that the activity has no potential to cause effects to historic properties or that NHPA Section 106 consultation has been completed. (d) For non-federal permittees, the District Engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. If NHPA Section 106 consultation is required, the District Engineer will notify the non- Federal applicant that he or she cannot begin the activity until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that Section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/ THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The District Engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The District Engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource


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waters or state natural heritage sites. The District Engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The District Engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1⁄10-acre and require pre- construction notification, unless the District Engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1⁄10-acre or less that require pre- construction notification, the District Engineer may determine on a case-by- case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification, the District Engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult- to-replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the District Engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the District Engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.


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(f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.

(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the District Engineer, the District Engineer may approve the use of permittee-responsible mitigation.

(2) The amount of compensatory mitigation required by the District Engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)).

(3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation.

(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the District Engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the District Engineer before the permittee begins work in waters of the United States, unless the District Engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)).

(5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided.

(6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1⁄2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1⁄2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee- responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee- responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous


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wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the District Engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The District Engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The District Engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The District Engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its Section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1⁄3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit


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verification must be attached to the letter, and the letter must contain the following statement and signature: When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. _________________________________ (Transferee) __________________________ (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the District Engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the District Engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a ‘‘USACE project’’), the prospective permittee must submit a pre- construction notification. See paragraph (b)(10) of general condition 32. An activity that requires Section 408 permission is not authorized by NWP until the appropriate Corps office issues the Section 408 permission to alter, occupy, or use the USACE project, and the District Engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the District Engineer by submitting a pre-construction notification (PCN) as early as possible. The District Engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, District Engineers will request additional information necessary to make the PCN complete


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only once. However, if the prospective permittee does not provide all of the requested information, then the District Engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the District Engineer. The prospective permittee shall not begin the activity until either:

(1) He or she is notified in writing by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or

(2) 45 calendar days have passed from the District Engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is ‘‘no effect’’ on listed species or ‘‘no potential to cause effects’’ on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the District Engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information:

(1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to

authorize the proposed activity; (4) A description of the proposed activity; the activity’s purpose; direct and indirect

adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the District Engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);

(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on


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the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate;

(6) If the proposed activity will result in the loss of greater than 1⁄10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.

(7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act.

(8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act;

(9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a ‘‘study river’’ for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the ‘‘study river’’ (see general condition 16); and

(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for Section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the District Engineer has established tools and procedures for electronic submittals. (d) Agency Coordination:

(1) The District Engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal.

(2) Agency coordination is required for: (i) All NWP activities that require pre-construction notification and result in the loss of greater than 1⁄2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54


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activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes.

(3) When agency coordination is required, the District Engineer will immediately provide (e.g., via email, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the District Engineer via telephone, facsimile transmission, or email that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the District Engineer will wait an additional 15 calendar days before making a decision on the pre- construction notification. The district fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The District Engineer will provide no response to the resource agency, except as provided below. The District Engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The District Engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.

(4) In cases of where the prospective permittee is not a Federal agency, the District Engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act.

(5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- construction notifications to expedite agency coordination. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see General Condition 31).


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NDOT Contractor Requirements Sheet Wetlands and Waters of the U.S. Environmental Permitting Unit

In accordance with Section 404 of the Clean Water Act (discharge of dredged or fill material into waters of the United States), NDOT has evaluated the project for necessary contractor requirements. The requirements are based on nationwide permit general conditions and Nebraska regional conditions set forth by USACE, which can be viewed online at: http://www.nwo.usace.army.mil/html/od-rne/nwp.html. Note that not all of the USACE general and regional conditions appear below, because they are either not relevant to contractor commitments or will be executed by NDOT. Contractor must also comply with special conditions in the 404 permit. Based on the project scope (NDOT Control No. 12988), the contactor requirements indicated with check marks below require action and/or compliance by the contactor.

Navigation No activity may cause more than a minimal adverse effect on navigation in navigable waters of the United States. Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.

Aquatic Life Movements and Management of Water Flows No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

Adverse Effects From Impoundments If the activity creates and impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.

Spawning Areas Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.


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Migratory Bird Breeding Areas Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.

Shellfish Beds No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48.

Water Supply Intakes No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.

Equipment Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.

Removal of Temporary Fills Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate.

Soil Erosion and Sediment Controls

SWPPP Required Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow.

Borrow Site Identification The contractor shall notify NDOT of the location of any borrow site that will be used in conjunction with the construction of the authorized activity.

Revegetation of Disturbed Areas All areas adjacent (contiguous, bordering, neighboring) to jurisdictional waters disturbed by construction shall be revegetated with appropriate perennial, native grasses and forbs and maintained in this condition. Phalaris arundinacea (Reed Canary Grass), Lythrum salicaria (Purple Loosestrife), Bromus inermus (Smooth Brome), Phragmites, sp. (Common Reed, River Reed) and Tamarix, sp. (Salt Cedar), are NOT appropriate choices of vegetation. A cover crop may be planted to aid in the establishment of native vegetation. The disturbed areas shall be reseeded concurrent with the project or immediately upon completion. Revegetation shall be acceptable when ground cover of desirable species reaches 75%. If this seeding cannot be accomplished by September 15 the year of project completion, then an erosion blanket shall be placed on the disturbed areas. The erosion blanket shall remain in place until ground cover of desirable species reaches 75%. If the seeding can be accomplished by September 15, all seeded areas shall be properly mulched to prevent additional erosion. When the vegetation has


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become established, all temporary erosion control materials shall be removed from the project site. Biodegradable or photodegradable materials need not be removed.

Discovery of Previously Unknown Remains and Artifacts If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The District Engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

Temporary Structures/Work/Fill The use of dredged material in the construction of temporary structures or used for temporary work or used as temporary fill shall not be allowed. The term “dredged material” means material that is excavated or dredged from waters of the U.S. All temporary fill material shall be obtained from an upland source. Plans for the temporary structure/work/fill shall be submitted to and approved by the Nebraska Regulatory Office prior to the commencement of construction. At the completion of the construction activity, all temporary fill material shall be removed in its entirety from the water of the U.S. to an upland area and the affected area shall be restored to its pre-construction condition. The Nebraska Regulatory Office shall be notified with documentation (i.e. photos) when the site has been restored to its pre-project condition.

Stream Channelization Projects Buffer strips shall be set aside along both sides of the channel no less than 50 feet from the top of each side slope landward. The buffer strips shall be planted to a mixture of perennial, native grasses, forbs and trees required for tree mitigation and maintained in this condition. Reed Canary Grass (Phalaris arundinacea), Purple Loosestrife (Lythrum salicaria) and Smooth Brome (Bromus inermus) are NOT appropriate choices of vegetation. Revegetation will be acceptable when ground cover of desirable species reaches 75%.

Suitable Material No activity may use unsuitable fill material as defined in the list below. Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). OMAHA DISTRICT PROHIBITED/RESTRICTED MATERIALS: 1. Vehicle bodies, farm machinery and metal junk, including appliances and metal

containers, are prohibited. 2. The use of old or used asphalt paving material as a fill material and the use of new or

used asphalt for bank stabilization or erosion control is prohibited.


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3. The use of organic debris as fill material is prohibited. (Properly anchored trees, treetops, root wads, logs, and hay bales may be allowed on a case-by-case basis.)

4. Any material subject to leaching when in an aquatic environment is prohibited (for

example, but not limited to, chemically-treated building material, roofing material, and wood debris).

5. Individual or unanchored tires are prohibited. (Tires may be allowed on a case-by-case

basis when placed in the form of a mat or grid with multiple anchoring points to reduce the risk of design failure.)

6. Small aggregate (i.e. less than 6 inches in diameter) may not be placed below the

ordinary high water mark (OHWM) of a water body for the purpose of bank stabilization or erosion control when such aggregate will be unstable or subject to frequent failure. Small aggregate may, however, be placed below the OHWM if its purpose is to fill the interstices of a well graded rock riprap revetment or channel lining.

7. Slab material, regardless of source, must be broken before placement so that the

dimension of the largest slab will not be more than 3.5 times the dimension of the smallest slab (unless justified by a qualified engineer) and must be free of exposed rebar, wire and wire mesh.

8. The use of clean brick, broken concrete and cinder block for erosion control or bank

stabilization will be considered on a case-by-case basis. If allowed, the broken concrete must be free of exposed rebar, wire, wire mesh, asphalt paving material, paint, and other erodible materials. Broken concrete must range in size from 6 to 36 inches (unless justified by a qualified engineer).


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FLOODPLAIN PERMIT


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NOTICE TO BIDDERS (Storm Water Pollution Prevention Plan)

(1-17-1217)

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 industrial activity from the construction site. For reference, the general permit is posted on the Department's website. Additionally, the Contractor, as evidenced by their signature on this proposal, agrees and understands that, if awarded the contract on this project, he/she:

1) becomes a co-permittee, along with the owner(s), to the Nebraska Department of Environmental Quality NPDES General Permit for Storm Water Discharges from construction sites on this project;

2) is legally bound to comply with the Clean Water Act to ensure compliance

with the terms and conditions of the storm water pollution prevention plan developed under the NPDES permit and the terms of the NPDES permit; and

3) will hold the owners harmless for damages or fines arising as a result of

noncompliance with the terms of the storm water permits and authorizations associated with the work on this project.

STORM WATER DISCHARGES (1-43-1217)

In compliance with the Federal Water Pollution Control Act, authorization to discharge storm water on this project has been granted under National Pollutant Discharge Elimination System (NPDES) General NPDES Permit Number NER110000 for Storm Water Discharges from Construction Sites to Waters of the State of Nebraska. This permit became effective on January 1, 2008. Contractors are advised that, under the Construction Storm Water General Permit, plant sites, camp sites, storage sites, and borrow or waste sites not shown on the plans may be subject to separate NPDES permit authorization requirements for stormwater discharges from those locations. Contractors shall be responsible for verifying the need for NPDES permit coverage with the Nebraska Department of Environmental Quality (NDEQ). When required for these locations, the filing of a "Notice of lntent" shall be made by the Contractor directly to the NDEQ. Additionally, asphalt (SIC Code 2951) or concrete (SIC Code 3273) batch plants that are owned by a private contractor and are operated on a contract-for-service basis to perform work for the Contractor completing the project may be subject to NPDES General Permit Number NER000000 for Industrial Storm Water Discharges. While the plant may be required for completion of the project, it is not under the control of the Department (or other project owner); and the filing of a "Notice of Intent" shall be made by the Contractor directly to the NDEQ. The NDEQ may be contacted at 402-471-4220 for additional information.


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REQUIRED SUBCONTRACTOR/SUPPLIER QUOTATIONS LIST

(1-43-1217) All bidders must provide to the NDOT the identity of all firms who provided quotations on all projects, including both DBEs and non-DBEs. This information must be on a form provided by the NDOT Contracts Office. If no quotations were received, the bidder must indicate this in the space provided. Each bidder will be required to submit one list per letting to cover all projects bid.

WORKER VISIBILITY (1-43-1217)

Pursuant to Part 634, Title 23, Code of Federal Regulations, the following modified rule is being implemented: Effective on January 1, 2008, all workers within the right-of-way who are exposed either

to traffic (vehicles using the highway for purposes of travel) or to construction equipment within the work area shall wear high-visibility safety apparel.

High-visibility safety apparel is defined to mean personal protective safety clothing that: 1 - is intended to provide conspicuity during both daytime and nighttime

usage, and 2 - meets the Performance Class 2 or Class 3 requirements of the

ANSI/ISEA 107-2004 publication titled "American National Standards for High-Visibility Safety Apparel and Headwear."

SPECIAL PROSECUTION AND PROGRESS (Federal Immigration Verification System)

(1-43-1217) The Contractor shall register with and use a Federal Immigration Verification System to determine the work eligibility status of newly hired employees physically performing services within the State of Nebraska. The Prime Contractor shall contractually require every subcontractor to register with and use a Federal Immigration Verification System to determine the work eligibility status of newly hired employees physically performing services within the State of Nebraska. The Federal Immigration Verification System shall be an electronic verification of the work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program. The Contractor may use an equivalent Federal program designated by the United States Department of Homeland Security or other Federal agency authorized to verify the work eligibility status of a newly hired employee. The equivalent program shall comply with the Immigration Reform and Control Act of 1986.


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The Prime Contractor shall furnish a letter to the NDOT Construction Division in Lincoln on company letterhead and signed by an officer of the company stating that documentation is on file certifying that the Contractor and all subcontractors have registered with and used a Federal Immigration Verification System. The Contractor shall maintain all records of registration and use for a period of three years and make records available upon request. The Contractor shall contractually require subcontractors to maintain all records for a period of three years and make records available upon request. Payment will not be made to the Contractor for using the Federal Immigration Verification System or the maintenance of the records. This work shall be subsidiary to the work being performed. The Contractor’s Certification shall become part of the final records of the Contract. The Department considers this document to have direct bearing to the beginning interest date and may affect the amount of interest earned.

PROPOSAL GUARANTY BID BOND (BID BOND) (1-43-1217)

Paragraph 1.b. of Subsection 102.14 in the Standard Specifications is void.


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UNION PACIFIC RAILROAD COMPANY

UNION PACIFIC RAILROAD SPECIAL PROVISION

FOR HIGHWAY PROJECTS For purposes of these Special Provisions, Union Pacific Railroad Company is referred to as "UPRR" and the term "Contractor" shall mean the Contractor or Contractors hired by the State to perform any Project work on any portion of UPRR's property and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's respective employees, officers and agents. UPRR shall provide an inspector or inspectors for any direct labor work undertaken by UPRR, the State or Contractor on or in connection with the Project as a Project expense. I. RAILROAD SAFETY TRAINING

A. UPRR requires that anyone working within 25 feet of any track be trained in Federal Railroad Administration (FRA) Roadway Worker Protection. This training is available from several sources, including other railroads, railroad industry training professionals and computer based training. UPRR requires such training per 49 CFR 214.343 but does not endorse any specific Roadway Worker Protection Training.

B. UPRR requires that anyone working on UPRR property, although greater than

25 feet from the track, be trained on the minimum UPRR safety requirements. This training is available from several sources, including a video and pamphlet titled "Minimum Safety Requirements for Engineering Department Contractors" and computer based training. This training is in addition to the regulatory training described in Paragraph A above.

C. The Contractor, or its agents or representatives, will not be allowed on UPRR

railroad right-of-way until it has successfully completed the mandatory safety training as outlined above. The Contractor must furnish employees with documentation that they have completed the required regulatory and UPRR safety training. This can be accomplished by issuing cards showing the employee's training, issuing lists of employees who have completed specific training or by having available, at the job site, other forms of documentation.

D. The Contractor will be responsible for all costs associated with attending each

training class. II. FLAGGING PROTECTION

A. The Contractor shall notify UPRR's Manager of Track Maintenance,Tyson Fore, (402) 830-5462, at least fifteen (15) calendar days in advance of the Contractor's commencement of work within railroad right-of-way. The Contractor shall give notice thirty (30) calendar days in advance of proposed performance of any work in which any person or equipment will be within 25 feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) can reach to within 25 feet of any track. This notice shall include the Project Number, the Contractor's name, date of flagging, location of


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flagging services to be provided, and an estimate of the expected duration of flagging. No work of any kind shall be performed, and no person, equipment, machinery, tools, materials or vehicles shall be located, operated, placed or stored within 25 feet of any railroad track at any time, for any reason, unless and until a UPRR flagger is provided. Upon receipt of such 30 calendar days’ notice, the Manager of Track Maintenance will determine and inform the Contractor whether a flagger need be present and whether the Contractor need implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by UPRR, such services will be provided at the Contractor's expense with the understanding that if UPRR provides any flagging or other services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein.

B. Prospective bidders shall familiarize themselves fully with all flagging special

provisions of UPRR. III. REIMBURSEMENT TO UPRR FOR FLAGGING COSTS

A. The Contractor shall promptly pay UPRR all charges connected with such flagging services within thirty (30) calendar days after the Contractor's receipt of the monthly billing or final billing from UPRR. To enable orderly flagger reassignment to other projects the Contractor shall be required to notify the UPRR Manager of Track Maintenance described in Paragraph A above at least five (5) working days prior to the termination of flagging needs or five (5) working days prior to completion of the Contractor's Project work, whichever is sooner. The Contractor may request a final billing at this time. The Contractor shall inform the following UPRR Manager of Industry & Public Projects person in writing,Kyle Nodgaard, (402) 544-2029, when the Project is complete. The State shall not make final payment to the Contractor until UPRR has provided written notification to the State that the Contractor has paid UPRR in full for all flagging or other protective services expenses that UPRR has billed to the Contractor in connection with the Project. The Contractor is responsible for all flagger requests and payments on the Project. The Contractor's work may be suspended upon notice of non-compliance from UPRR until required flaggers or other protective measures are in place. UPRR will notify the Contractor when non-compliance is reported by UPRR train crews or other UPRR employees.

B. The rate of pay per hour for each worker will be the UPRR prevailing hourly rate

in effect for an eight-hour day for the class of worker used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed, a full eight-hour day or greater during which any flagger is furnished shall be charged in full to the State's Prime Contractor. The estimated cost for one flagger is $1,267/12 hrs/day per day. A full eight-hour day or greater will not be split between any Contractor. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and UC, supplemental pension, Employee, Liability & Property Damage, and administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect on the day that flagging was performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays; two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement


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between UPRR and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized Governmental Agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, the Contractor shall pay on the basis of the new rates and charges. The Contractor shall also be required to pay UPRR for all other expenses incurred by UPRR including, but not limited to, travel time, travel expense, set up and take down activities associated with any Railroad flagging or protective services provided by the Railroad.

C. Reimbursement to UPRR will be required covering the full eight hour day during

which any flagger is furnished, unless they can be assigned to other UPRR work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other UPRR work. Reimbursement will also be required for any day not actually worked by said flagger following its assignment to work on the Project for which UPRR is required to pay the flagger and which could not reasonably be avoided by UPRR by assignment of such flagger to other work, even though the Contractor may not be working during such time.

IV. PROTECTION OF UTILITIES

A. Before the Contractor begins its operations on UPRR right-of-way it shall confer with the designated representatives of the State and UPRR with regard to any underground or overhead utilities which may be on or in close proximity to the site of the work. The Contractor shall take such measures as the State or UPRR may direct in protecting those utilities properly throughout the period its construction operations are in progress. The party or parties owning or operating overhead or underground utilities shall perform the actual work of moving, repairing, reconditioning or revising those utilities, except as otherwise provided in the contract. Whenever and wherever such operations are undertaken by owners of utilities, the Contractor shall cooperate to the extent that ample protection of its work will be provided so that the entire work that is contemplated in the contract may be expedited to the best interests of all concerned, as judged by the Engineer for the State.

B. The Contractor shall be responsible for any and all damages to utilities that are

permitted to remain in place, or to reconstructed utilities in the vicinity, which may be due either directly or indirectly to its operations, and shall repair promptly any such damaged property to the satisfaction of the State's Engineer and the owner of the property, or shall make payment to such owners for repairs as may become necessary on account of damages that are due to its operations.

C. Direct payment for this work will not be made but it shall be considered that the

protection of the utilities is subsidiary to any or all of the items for which the contract provides that direct payment shall be made.

D. The Contractor shall telephone UPRR during normal business hours (7:00 a.m.

to 9:00 p.m., Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on UPRR's property to be used by the Contractor. If there is fiber optic cable, the Contractor shall telephone the telecommunications company(ies) involved, make arrangements for a cable


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locator and, if applicable, for relocation or other protection of the fiber optic cable. The Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished.

V. WRITTEN NOTICE TO UPRR

The Contractor shall give written notice to UPRR's Manager Industry and Public Projects, Kyle Nodgaard, (402) 544-2029; to his or her authorized representative, at least fifteen (15) days in advance of the date on which it expects to begin any work under or adjacent to any of the tracks of UPRR or it expects to begin any construction work on the right-of-way of UPRR. The Contractor shall also give written notice to such UPRR Manager of Industry and Public Projects, no later than fifteen (15) days after completion of all work on UPRR's right-of-way.

VI. BRIDGE REMOVAL PLANS

A. If any existing bridge or portion thereof, needs to be demolished and removed, the Contractor, at its expense, shall submit to UPRR by certified mail three (3) complete sets of the Bridge Removal Plan. The Bridge Removal Plan shall include details, procedures and the sequence of staged removal of the bridge, including all steps necessary to remove the bridge in a safe and controlled manner.

B. The Contractor shall submit to UPRR: three (3) complete sets of the Contractor's

Bridge Removal Plan for review and comments. The Bridge Removal Plan shall be sealed by a Civil or Structural Engineer registered in the State of Nebraska. A minimum of thirty (30) days shall be allowed for UPRR's review after the complete submittal is received and approved by UPRR. The Contractor shall not perform any bridge removal work until it has received written approval from UPRR of the Contractor's final Bridge Removal Plan. The Bridge Removal Plan and all demolition work shall conform to the requirements of the "Guidelines for Preparation of a Bridge Demolition and Removal Plan for Structures over Railroad" and "Guidelines for Temporary Shoring".

VII. PROTECTION OF PROPERTY

A. The Contractor shall use the utmost care to guard against accidents or cause the least possible interference with the operation of trains of UPRR and the telephone, telegraph or signal lines of UPRR or of any tenant of UPRR's right-of-way. The Contractor shall use the utmost care in guarding against injury to underground and overhead public utilities and services at or near the site of the work.

B. All work to be done under this contract shall be handled by the Contractor so as

to not interfere with the use of tracks, wires, signals and property of UPRR or its tenants, and the underground or overhead services of public and private utilities, and the Contractor shall be responsible for any damages which may be sustained by UPRR, its tenants, employees, passengers or freight in its care, or by the owners of any public or private overhead or underground services caused by such interference which could have been avoided by the proper handling of said work. The Contractor shall discontinue immediately, upon request of the Engineer or UPRR representative, any practices or actions which, in the opinion


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of the Engineer or UPRR representative, are unsafe or cause damage to underground or overhead services of public or private utilities, or which might result in delays to trains, engines or cars, or damage to tracks, roadbed, telephone, telegraph or signal wires.

C. The Contractor shall take all precautions for the purposes of protecting the

embankment of all railroad tracks as may be determined necessary by the authorized representative of UPRR. The Contractor shall affix the seal of a registered professional Engineer licensed to practice in the State of Nebraska on all plans and calculations pertaining to details for sheeting or otherwise protecting excavations next to or adjacent to railroad tracks if necessary and noted on the State's plans. The Contractor also shall take all precautions for the protection of underground and overhead services either public or private, as may be determined by the Engineer.

D. A minimum temporary horizontal construction clearance of 12 feet measured

perpendicular from the centerline of the nearest track to all physical obstructions including, but not limited to, formwork, stockpiled materials, parked equipment, bracing or other construction supports shall be provided. Temporary horizontal construction clearance shall provide sufficient space for drainage ditches parallel to the standard roadbed Section or provide an alternative system that maintains positive drainage. A minimum temporary vertical construction clearance of 21 feet measured above top of high rail for all tracks shall be provided.

E. Any changes necessary in the clearance set forth above shall be made only by

special arrangements with the UPRR Manager Industry and Public Projects that is named in Section V above.

VIII. UPRR CROSSINGS

A. The Contractor shall use only public roadways, or approved temporary crossings that are specifically shown on the plans, to cross railroad tracks. Every attempt should be made to use public roadways. If the Contractor should require a temporary crossing for construction purposes at a location other than an existing public crossing, provisions for such crossing shall be negotiated with UPRR by the Contractor, and all costs for such crossing shall be borne by the Contractor. It is not guaranteed that UPRR will grant a temporary crossing. The requirements of these Special Provisions shall apply, and all costs for such crossing, shall be borne by the Contractor.

B. Prospective bidders should familiarize themselves with UPRR temporary

crossing and insurance requirements before bidding on the work. IX. INSPECTION

Subsection 105.09 in the Standard Specifications is amended to provide also that the work shall be subject to the inspection of the properly authorized representatives of UPRR and that such inspection shall in no manner make UPRR a party to this contract and will in no manner interfere with the rights of either party hereunder.


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X. INDEMNITY

A. The State agrees to insert the following provision in any contract in which State's Contractor will have access to UPRR's property:

To the extent allowed by law, Contractor hereby releases and shall

indemnify, defend and hold harmless UPRR, its affiliated companies, partners, successors, assigns, legal representatives, officers, directors, shareholders, employees and agents for, from and against any and all claims, liabilities, fines, penalties, damages, losses, liens, causes of action, actions, suits, demands, costs and expenses (including, without limitation, court costs and reasonable attorneys' fees) and judgments (collectively, "Claims"), of any nature, kind or description of any person (including, without limitation, the employees of the parties hereto and the employees of UPRR) or entity directly or indirectly arising out of, resulting from, or related to (in whole or in part) (i) the use, occupancy or presence of State, Contractor, or its subcontractors, employees or agents, in, on, or about UPRR's property pursuant to this Agreement; (ii) the performance or failure to perform by Contractor, its subcontractors, employees, or agents, its work or any obligation under this Agreement; or (iii) the sole or contributing acts or omissions of Contractor, its subcontractors, employees, or agents, in, on, or about UPRR's property pursuant to this Agreement. Contractor's duty to defend under the above indemnity provision includes, without limitation, the obligation of Contractor to appear and defend in the name of UPRR, any suits or actions brought against UPRR with respect to any such Claims, and to pay and satisfy any final judgment that may be rendered against UPRR in any such suit or action. THE LIABILITY AND DUTY TO DEFEND ASSUMED BY CONTRACTOR UNDER THE ABOVE INDEMNITY PROVISION WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF UPRR, ITS AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE, EXCEPT (I) TO THE EXTENT THAT SUCH CLAIM WAS PROXIMATELY CAUSED BY THE ACTIVE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF UPRR OR ITS EMPLOYEES, SERVANTS OR AGENTS, OR (II) FOR CLAIMS ARISING SOLELY OUT OF THE NEGLIGENT ACTIONS OF UPRR OR ITS EMPLOYEES, SERVANTS OR AGENTS.

B. If Contractor fails to indemnify, defend and hold UPRR harmless as provided in

the above indemnity provision, then to the extent allowed by law, the State shall indemnify, defend and hold UPRR harmless under the above indemnity provision as if State were Contractor.

XI. INSURANCE

For purposes of this Special Provision, Union Pacific Railroad Company is referred to as “UPRR” and the term “Contractor” shall mean the Contractor or Contractors hired by the State to perform any Project work on any portion of UPRR’s property and shall also include all the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents.


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The Contractor shall carry the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with

a limit of not less than $3,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, (WHICH MUST BE

STATED ON THE CERTIFICATE OF INSURANCE):

“Contractual Liability Railroads” ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site.

“Designated Construction Project(s) General Aggregate Limit” ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the Project location as described in the Agreement on the Form Schedule.

B. Business Automobile Coverage insurance. Business auto coverage written on

ISO form CA 00 01 (or a substitute form providing equivalent liability coverage) with a limit not less than $3,000,000 for each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos).

The policy must contain the following endorsements, (WHICH MUST BE

STATED ON THE CERTIFICATE OF INSURANCE):

“Coverage For Certain Operations In Connection With Railroads” ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.

Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.

C. Workers Compensation and Employers Liability insurance including but not

limited to:

Contractor's statutory liability under the workers' compensation laws of the State of Nebraska

Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee

If rules and regulations issued by the State of Nebraska require the Contractor to participate in the State’s Worker’s Compensation fund and if Workers Compensation insurance will not cover the liability of Contractor, Contractor shall comply with such rules and regulations. If Contractor is self-insured, evidence of State approval must be provided along with evidence of excess Workers


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Compensation coverage. Coverage shall include liability arising out of the U.S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Umbrella or Excess Policies. In the event Contractor utilizes umbrella or excess

policies, these policies shall “follow form” and afford no less coverage than the primary policy.

E. Railroad Protective Liability insurance. Contractor must maintain “Railroad

Protective Liability” insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A BINDER OF INSURANCE STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO THE RAILROAD BEFORE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.

Other Requirements F. Punitive damages exclusion, if any, must be deleted (and the deletion indicated

on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed.

G. Contractor waives all rights against Railroad and its agents, officers, directors

and employees for recovery of damages to the extent these damages are covered by the workers compensation and employer’s liability or commercial umbrella or excess liability insurance obtained by Contractor required by this Agreement (WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE).

H. All policy(ies) required above (except worker’s compensation and employers

liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad’s negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement.

I. Any insurance policy shall be written by a reputable insurance company

acceptable to UPRR or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the State of Nebraska.

J. The fact that insurance is obtained by Contractor or UPRR on behalf of

Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by UPRR shall not be limited by the amount of the required insurance coverage.


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XII. ADDITIONAL RIGHT-OF-WAY

The State right-of-way plans show the permanent and temporary easements acquired or to be acquired by the State for this Project. Any additional land or easements that the Contractor may desire for the construction of the Project, shall be provided by the Contractor at its own expense.

XIII. RESTORATION OF UPRR PROPERTY

In the event the Contractor shall in any manner move or disturb other property of UPRR, in connection with the use of the said property, then, and in that event, the Contractor shall, as soon as possible and at its sole expense, restore such property to the same condition as it was in before such property was moved or disturbed.

XIV. FINAL CLEAN UP

In addition to Subsection 104.07 in the Standard Specifications, the Contractor, upon the completion of the work contemplated in this contract, shall remove all machinery, equipment, surplus materials, falsework, rubbish, ditches, and temporary building, furnished or erected by him from within the limits of the right-of-way of UPRR and shall leave the said right-of-way in a condition acceptable to UPRR's Manager of Track Maintenance, or his authorized representative.


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PERCENTAGE OF COST OF WORK WITHIN RAILROAD RIGHT-OF-WAY The following information is furnished to aid in the determination of a proper premium for the Railroad Protective Liability Insurance required elsewhere in these special provisions.

RAILROAD PROTECTIVE POLICY DATA SHEET Railroad: Union Pacific Railroad Company Railroad Contact: Mr. Kyle D. Nodgaard Title: Manager Industry and Public Projects Address: Union Pacific Railroad Company 1400 Douglas Street, Stop 0910 Omaha, NE 68179 Telephone Number: (402) 544-2029 Project Number: RD-34-7(1035) Project Location: Union West Type of Project: System Preservation No. of trains/day: Total: 10 Freight or Coal: 10 Speed: 60 mph Passenger: 0 Speed: N/A mph No. of Tracks: Mainline: 1 Branchline: 1 Project Over RR: No Yes Project Under Railroad: No Yes Railroad Shoo-fly Required: No Yes Project Parallel to RR: No Yes If Yes, Number of Miles: N/A Crossings on State Highway or City Street System: No Yes If Yes, Number of Crossings: 1 @ DOT #432968X, RRMP 447.55 Pavement or Overlay up to Crossing on County or City Road: No Yes If Yes, Number of Crossings: N/A Work to be done by Railroad: Flagging It shall be the Contractor's responsibility to contact the railroad for additional information needed to purchase the Railroad Protective Policy.


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The percentage of work within railroad right of way that is within 50 feet (15.25 meters) of any railroad track shall be covered by Railroad Protective Insurance. The railroad's ownership of right of way that extends beyond 50 feet (15.25 meters) from the closest track shall be covered under regular Contractor's Public Liability and Property Damage Insurance in the amounts specified in this contract.

Group

Approximate Percent of Work Within 50 feet (15.25 meters)

of Nearest Track

Approximate Percent of Work on RR/ROW Not Within

50 feet (15.25 meters) of Nearest Track

Description of Work

All 0.1% 0.3% -----


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CONSTRUCTION DETAILS

TEMPORARY WATER POLLUTION CONTROL (2-1-1217)

Section 204 in the Standard Specifications is void.

CONSTRUCTION STORMWATER MANAGEMENT CONTROL (2-1-1217)

A. General

1. This section defines some best management practices (BMPs) for erosion and sediment control measures and construction practices the Contractor shall use to prevent soil erosion and avoid water pollution.

2. a. The Department and the Contractor are co-permittees of the NPDES

Construction Storm Water General Permit.

b. The Contractor shall comply with all conditions required by the current NPDES Construction Storm Water General Permit.

3. The Contractor shall exercise every reasonable precaution throughout the life of

the contract to prevent silting of the waters of the state, the project site, and adjacent property. Construction of drainage facilities, as well as performance of other contract work which will contribute to the control of siltation, shall be carried out in conjunction with earthwork operations or as soon thereafter as is practicable.

4. a. The Contractor shall take sufficient precautions to prevent pollution of the

waters of the state, the project site, and adjacent property from construction debris, petroleum products, chemicals, or other harmful materials.

The Contractor shall conduct and schedule the operations to avoid

interference with any protected species. b. The Contractor shall comply with all applicable statutes relating to

pollution of the waters of the state and fish and game regulations.

5. All construction debris shall be disposed in a manner that it cannot enter any waterway. Excavation shall be deposited as to protect the waters of the state from siltation.

6. All erosion and sediment control measures shall be properly installed and

maintained by the Contractor until all permanent drainage facilities have been constructed, and all slopes are sufficiently vegetated to be an effective erosion deterrent; or until tentative acceptance of the work.


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7. All erosion and sedimentation resulting from the Contractor's operations and the weather conditions must be corrected by the Contractor.

LIMITATION OF OPERATIONS (2-1-1217)

A. General

1. The maximum exposed surface area for the Contractor's operations in excavation, borrow, and embankment is 18 acres (72,800 m2) plus an equal area of clearing and grubbing/large tree removal. A written request for an increase in the maximum exposed surface area may be approved by the Engineer. This approval will be based on the soil, moisture, seasonal conditions, the Contractor’s operation, or other conditions.

2. The Engineer shall have the authority to reduce the maximum exposed surface

area when any of the following conditions warrant:

a. Soil and moisture conditions are such that erosion is probable.

b. Seasonal conditions may force extended delays.

c. Proximity to the waters of the state requires more stringent controls.

d. Equipment and personnel available on the job is not sufficient to properly maintain erosion and dust control measures.

e. Any other environmental condition in the area that may exist which would

be affected by erosion from the project. 3. Construction operations in rivers, streams, wetlands, and impoundments shall be

restricted to those areas specifically shown in the contract. Rivers, streams, wetlands, and impoundments shall be promptly cleared of all false work, piling, debris, or other obstructions placed therein or caused by the construction operations.

4. Fording and operation of construction equipment within streams and wetlands

will not be allowed, unless explicitly allowed in the contract. Streams are defined as any area between the high banks, regardless of the flow conditions.

CONSTRUCTION METHODS (2-1-1217)

A. General

1. The Contractor shall conduct all construction activities and install temporary erosion control measures, as necessary, to control sediment and avoid soil erosion during construction.


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2. The Contractor shall incorporate all permanent erosion control features into the project at the earliest practicable time.

3. Construction stormwater management control measures for Contractor obtained

work areas located outside the right-of-way, such as borrow site operations, haul roads, plant sites, staging sites, waste sites, equipment storage sites, etc. are the sole responsibility of the Contractor. All construction stormwater management control measures for these areas are at the Contractor’s expense. The Contractor is responsible for securing all required permits for use of these sites.

4. The construction stormwater management procedures contained herein shall be

coordinated with any permanent erosion control measures specified elsewhere in the contract to the extent practical to assure economical, effective, and continuous erosion and sediment control throughout the construction period.

5. The Contractor shall be responsible to limit erosion and prevent siltation into the

waters of the state during the construction period, as well as during the times that work may be suspended.

6. a. All erosion and sediment control items shall be installed by personnel who

are knowledgeable in the principles and practice of various BMP installations.

b. The installation of all erosion and sediment control items shall be done

under the direct supervision of the Contractor’s employee who has successfully completed training provided by the Department and has been certified as an Erosion and Sediment Control Inspector (Inspector). The Contractor’s Inspector shall be present at each site during installation to direct and inspect all erosion and sediment control BMP installations.

i. The NDOT Erosion and Sediment Control Inspector Certification is

obtained by completing an Erosion and Sediment Control Inspector Training Course provided by the Nebraska Department of Transportation and passing the examination that accompanies the training.

c. The Contractor shall notify the Engineer of all employees, who have been

certified as Inspectors, who will be on the project to direct and inspect all erosion and sediment control BMP installations.

d. No payment will be made for any erosion and sediment control item

unless a Contractor’s Inspector was present to directly supervise and inspect the work.

e. No payment will be made for any erosion and sediment control item that

is not properly installed. All erosion and sediment control items shall be installed as per the contract.


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ENVIRONMENTAL COMMITMENT DOCUMENT (2-1-1217)

A. Environmental Commitment Document 1. a. An Environmental Commitment Document will be created by the

Department to identify all project specific environmental commitments and will be included in the Contract.

b. The Department will provide information for the following, when

applicable: i. Storm Water Pollution Prevention Plan (SWPPP) ii. U.S. Army Corps of Engineers (USACE) Section 404 Permit iii. Nebraska Department of Environmental Quality 401 Water Quality

Certification iv. State Title 117 Waters (USACE Non-Jurisdictional) v. Floodplain Permit vi. Historic Clearance vii. Endangered Species Act Clearance viii. Nebraska Nongame and Endangered Species Conservation Act

Clearance ix. National Environmental Policy Act Compliance x. NPDES Construction Stormwater Permit (within Right-of-Way

limits, only) xi. Conservation Measures xii Migratory Bird Treaty Act xiii. Bald and Golden Eagle Protection Act Compliance xiv. Other pertinent issues c. The Contractor shall provide information for the following, when

applicable: i. Temporary Erosion Control Plan ii. Spill Prevention and Control Plan iii. Migratory Bird Treaty Act Compliance Plan


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iv. Name and telephone number of the Contractor’s representative responsible for the Environmental Commitments

v. Name and telephone number of the employees that are NDOT-

Certified Erosion and Sediment Control Inspectors vi. Critical Path Construction Schedule vii. Other items as defined elsewhere in the contract

STORM WATER POLLUTION PREVENTION PLAN (SWPPP) (2-1-1217)

A. General 1. A SWPPP is required for projects that construction activities will cause a land

disturbance of one (1) acre or more. The Department will prepare the SWPPP for the areas within the Right-of-Way, temporary easements and permanent easements.

2. For projects not requiring a SWPPP, the Contractor shall comply with the

requirements of Environmental Commitment Document, Paragraph 1.b. of this Special Provision, as applicable.

3. Contractor obtained work areas, located on private property, are not included in

the NDOT Project SWPPP. B. Temporary Erosion Control Plan 1. The Contractor shall prepare and submit the Temporary Erosion Control Plan

prior to the start of any work. The Contractor shall not begin work until the Temporary Erosion Control Plan has been submitted to the Engineer and appropriate erosion control measures are in place. Payment for any work on the contract will be withheld if erosion control measures are not in place or properly maintained.

2. The Temporary Erosion Control Plan will be reviewed at project progress

meetings. All active Contractors shall have their Inspectors present and work in cooperation to determine any necessary changes. Necessary changes will be documented on the Temporary Erosion Control Plan by the Engineer.

3. Payment for preparing the Temporary Erosion Control Plan, inspections and

meeting reviews are subsidiary to items that direct payment is made. C. Spill Prevention and Control Plan 1. All project activities shall be addressed in the Spill Prevention and Control Plan.

The Contractor shall prepare and submit the plan to the Engineer and install all appropriate spill prevention and control measures prior to the start of any work.


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2. The Spill Prevention and Control Plan shall clearly state measures to prevent, contain, document and clean up a spill. It shall state measures for disposal of the contaminated material, disposal documentation and incident review to train personnel to prevent spills from reoccurring.

3. Spill Prevention and Control Plans are applicable to construction sites where

hazardous materials are stored, used and/or generated onsite. Hazardous materials include, but not limited to: hazardous wastes, pesticides, paints, cleaners, petroleum products, fertilizers, solvents and porta-potty wastes.

4. Direct payment will not be made for the Spill Prevention and Control Plan. D. Migratory Bird Treaty Act Compliance Plan 1. The Contractor shall not begin work until a Migratory Bird Treaty Act Compliance

Plan has been submitted to the Engineer and appropriate nesting migratory bird avoidance measures are in place.

2. a. The Contractor shall clearly state the necessary measures they intend to

use to avoid a “Take” of nesting migratory birds in the Migratory Bird Treaty Act Compliance Plan. Measures may include but are not limited to:

i. Clearing and grubbing prior to April 1st or after September 1st ii. Tree removal prior to April 1st or after September 1st iii. Clearing empty nests on structures prior to April 1st iv. Maintaining clear structures until commencement and throughout

the duration of work on structures v. Netting structures to prevent nesting vi. Commitment to perform surveys according to protocol vii. Hire a biologist to survey areas to be disturbed prior to

commencement of work during the nesting season viii. Submittal of required bird survey reports ix. Training of Contractor Personnel to insure compliance 3. a. The Migratory Bird Treaty Act Compliance Plan is applicable to the entire

project site to avoid the “Take” of migratory birds protected under the Migratory Bird Treaty Act.

b. “Take” is defined as: pursuit, hunt, shoot, wound, kill, trap, capture,

collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect.


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4. The Migratory Bird Treaty Act Compliance Plan shall adhere to the NDOT’s Avian Protection Plan located at:

http://www.dot.nebraska.gov/media/3952/avian-protection-plan.pdf Direct payment will not be made for the Migratory Bird Treaty Act Compliance

Plan. E. SWPPP Inspection 1. The Contractor shall accompany the Engineer on inspections in accordance with

the NPDES Construction Storm Water General Permit. 2. The SWPPP will be maintained and updated by the Engineer as work progresses

and site conditions change to accurately describe the BMPs that are currently in place.

3. The Contractor’s participation in SWPPP inspections, maintenance and updates

shall begin on the first day construction activities cause land disturbance and end on the date of project completion as evidenced as the completion date in the District Engineer’s Letter of Tentative Acceptance.

4. a. The Contractor’s Inspector shall be responsible for ensuring that all BMPs

are installed in accordance with the contract or the manufacturers’ recommendations. The Contractor’s Inspector shall be capable of reading and interpreting these documents.

b. The Contractor’s Inspector shall be familiar with product and structural

BMPs. The Contractor’s Inspector shall inspect, assess, and supervise the maintenance of erosion and sediment control BMPs to ensure compliance with the NPDES Construction Storm Water General Permit while preserving BMP functionality.

5. Payment for project inspection is subsidiary to items that direct payment is made.

ENVIRONMENTAL COMMITMENT ENFORCEMENT (2-1-1217)

A. General 1. This specification establishes payment and disincentive assessment for the

Contractor’s performance in complying with Contract Environmental Commitments.

2. Deficiencies are described but not limited to: a. Failure to install pollution prevention control BMPs as work progresses or

as described in the SWPPP. b. Failure to maintain existing pollution prevention control BMPs.


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c. Failure to remove non-functioning pollution prevention control BMPs. d. Failure to comply with USACE Section 404 Permit requirements. e. Failure to comply with NPDES Construction Storm Water General Permit

requirements. f. Failure to comply with all applicable statutes relating to pollution of the

waters of the state. g. Exceeding the maximum exposed surface area for excavation of 18 Acres

without written request for permission and written approval. h. Failure to comply with wildlife species specific conservation conditions. i. Failure to comply with the Contract. j. Failure to comply with the Engineers directives. B. SWPPP Deficiency Notification 1. The Engineer will document and direct the Contractor to correct deficiencies. 2. a. The Contractor shall commence correcting deficiencies, provide adequate

equipment and personnel, and diligently pursue correcting deficiencies without cessation until all deficiencies have been corrected.

b. The count of Working Days and/or Calendar Days will continue during the

time period that corrective work is being performed. c. Delays to the project as a result of the Contractor conducting corrective

actions for the Contract Environmental Commitments will not constitute a valid reason for an extension of the contract time allowance.

3. Deficiencies shall be corrected within seven (7) calendar days of notification or

within an approved extension. When deficiencies are not corrected within seven (7) calendar days or within an approved extension, the Engineer will make a disincentive assessment to the contract as stated herein.

4. a. If soil, weather, or other conditions prevent the Contractor from

completing the corrective actions within seven (7) calendar days, the Contractor shall notify the Engineer in writing. The Contractor’s letter shall state the reasons preventing corrective action within the time allowed. The Contractor shall propose a written Corrective Action Plan within 48 hours. Corrective work shall continue while the Corrective Action Plan is developed. The Contractor’s Corrective Action Plan must contain a course of action and a time frame for completion. If the reasons and the Corrective Action Plan are acceptable, the Engineer may extend the time in which to complete the corrective work.


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b. The Contractor will be allowed to proceed with the plan as proposed without incurring a disincentive assessment. If all corrective work is completed within the time allowance shown in the Notification or within an approved extension, a disincentive assessment will not be imposed upon the Contractor.

c. Storm events or soil and weather conditions occurring on other projects,

which interfere with a Contractor completing corrective actions on the project within seven (7) calendar days, will not be justification for a time extension to complete the corrective work.

5. If all corrective work identified in the Notification has not been completed at the

end of the seventh (7th) calendar day after the Initial Notice Date or within an approved extension, a Shut-Down Notice will be issued on the eighth (8th) calendar day after the Initial Notice Date or on the calendar day following the last day of an approved extension.

6. All operations shall cease as of the date and time cited in the Shut-Down Notice.

The Contractor shall work, exclusively, on the deficiencies until all have been corrected or as directed by the Engineer. Upon issuance of the Shut-Down Notice, a disincentive of $500.00 per deficiency per calendar day will be assessed thru the day the corrective work is completed, inclusive.

7. The Engineer may require the Contractor to provide a written Procedures Plan

that describes the process to prevent reoccurrence of deficiencies. The written Procedures Plan shall be provided within two (2) calendar days of the request. Failure to correct all deficiencies and provide a Procedures Plan may result in payments being withheld until such time that procedures are outlined.

a. Payment for preparing a written Procedures Plan is subsidiary to items

that direct payment is made. C. Storm Event Restoration – Incentive and Disincentive 1. The Department will pay “Storm Event Restoration - Incentive” when the

Contractor completes the restoration work to eliminate the pollution prevention control deficiencies within seven (7) calendar days of Notification or within an approved extension. Multiple deficiencies may be included in one notification. If the restoration work has not been completed within seven (7) calendar days after the Initial Notice or within an approved extension, payment for the item of “Storm Event Restoration - Incentive” will not be made.

2. A storm event is defined as a storm exceeding 0.50 inch of rain in a 24 hour

period. 3. The Department will notify the Contractor of pollution prevention control

deficiencies. 4. a. Payment for the item of “Storm Event Restoration - Incentive” may not be

made when the Contractor is notified to correct pollution prevention devices not installed in accordance with the contract or the manufacturer’s recommended installation instructions.


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5. If the restoration work is not completed within seven (7) calendar days or within

an approved extension, a disincentive assessment of $500.00 per deficiency per calendar day will be assessed. The disincentive assessment will begin on the eighth (8th) calendar day after the issuance of the Initial Notice Date or on the calendar day following the last day of an approved extension(s) and continue through the day that the restoration work is completed, inclusive.

D. Method of Measurement 1. a. “Storm Event Restoration – Incentive” will be measured by the each upon

completion of restoration of all deficiencies included in a notification within the allowed time and only one payment per notification is allowed when multiple deficiencies are included on the notification.

b. If deficiencies from multiple notifications are restored during the same

restoration operation, only one (1) incentive is eligible for payment. c. If multiple notifications are the result of successive storm events and

deficiencies are transferred to ensuing notifications, incentive payment is only eligible for the latest notification.

2. “Storm Event Restoration – Disincentive” will be measured by the calendar day in

accordance with Paragraph C.5. above. E. Basis of Payment 1. Pay Item Pay Unit Storm Event Restoration – Incentive Each Storm Event Restoration – Disincentive Calendar Day 2. All equipment, materials, etc. used in the restoration work will be paid for in

accordance with Division 800 of the Standard Specifications. 3. Payment is full compensation for all other incidentals required to complete the

restoration work included in the notification within the allowed time. F. Environmental Commitments – Contractor Compliance 1. To provide payment for all plans, inspections, surveys, reports, travel, qualified

inspection person’s, carrion removal, and any other subsidiary activities for the work of implementing threatened and endangered species commitments, temporary erosion control or any other environmental commitments prescribed in the contract.

2. Multiple visits to the project may be required to comply with environmental

commitments prescribed in the contract. G. Method of Measurement 1. No measurement is required.


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H. Basis of Payment 1. Pay Item Pay Unit Environmental Commitments – Contractor Compliance Lump Sum 2. Partial payments will be made as follows: a. The Department will pay 50 percent of the total amount bid for the item

Environmental Commitments – Contractor Compliance within seven (7) calendar days after the Notice to Proceed Date.

b. Upon completion of 50 percent of the Original Contract Amount, the

Department will pay 30 percent of the amount bid for the item Environmental Commitments – Contractor Compliance.

c. Upon completion of 75 percent of the Original Contract Amount, the

Department will pay the remaining 20 percent of the amount bid for the item Environmental Commitments – Contractor Compliance.

d. Failure to comply with any or all of the contract requirements, included for

payment under the item of Environmental Commitments – Contractor Compliance, will preclude all payment for the item, including any previous payment.

3. Payment is full compensation for all work prescribed in the contract. I. Immediate Action Deficiencies 1. Deficiencies that pose an imminent threat to the environment are considered an

emergency situation. These deficiencies will be identified in the Immediate Action Deficiencies Section of the Environmental Commitment Deficiency Notification Form. The corrective work for Immediate Action Deficiencies shall begin immediately and continue without cessation until completed.

2. The Engineer will issue a shut-down notice. All work on the contract shall cease

until the corrective work has been completed. The Engineer may allow the Contractor to continue working in areas unaffected by the Immediate Action Deficiency, provided corrective actions are being actively performed on the deficiency.

3. Immediate Action Deficiencies are not eligible for an incentive payment. 4. The Contractor will be assessed a disincentive assessment of $1,000.00 per

deficiency per calendar day for failure to begin corrective actions or failing to continue to completion as directed by the Engineer or by the regulatory agency with jurisdiction.

5. Examples of Immediate Action Deficiencies include but are not limited to: a. Threatened & Endangered Species habitat protection deficiencies b. USACE Section 404 Permit Noncompliance


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c. Petroleum Spills/Tank Leakage d. Hazardous Material Spills J. Rights Reserved 1. The Department reserves the right to initiate and perform corrective action on

any deficiencies which result from the Contractors’ actions, inactions, or for failure to comply with the NPDES Construction Stormwater General Permit, USACE Section 404 Permit, or any other applicable permit.

2. The Contractor shall be liable to the Department for any and all costs incurred by

the Department for corrective actions taken by the Department. 3. It is expressly understood that the provisions of this specification shall not relieve

the Contractor of their responsibilities nor shall it relieve the Surety of its obligation for and concerning any just claim.

4. The Contractor shall indemnify and save harmless the Department and all of its

representatives from any and all actions or claims brought because of the Contractor’s actions, inactions, or for failure to comply with the NPDES Construction Storm Water General Permit, USACE Section 404 Permit, or any other applicable permit.

HAZARDOUS MATERIALS MANAGEMENT (2-1-1217)

Description

This work shall consist of minimizing the exposure of the environment, including waters of the state, to hazardous materials. This specification also includes the requirements for clean-up of releases of hazardous materials.

Material Requirements

1. Prior to beginning work on the project, the Contractor shall prepare a Spill Prevention and Control Plan (SPCP) that clearly states measures to prevent a spill, contain a spill, clean up a spill, dispose of contaminated materials and train personnel to prevent and control spills. The plan shall include the notification contacts, as well as the processes and timeframes to address the situation in the event that a spill occurs. The following shall be included in the plan:

a. A site plan showing locations for loading of equipment and materials, storage of equipment and materials, equipment fueling and wash areas, portable toilet locations and waste disposal areas.


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b. Descriptions of the following that may be used on projects:

i. Best Management Practices (BMPs) for secondary containment. ii. Description of spill response equipment and materials, including safety

and clean up equipment. iii. Preventative inspection and maintenance techniques for equipment to

minimize leaks. iv. Procedures for filling tanks and equipment to prevent spills. v. Procedures for containing, diverting, isolating and cleaning up a spill. vi. Procedures and BMPs to be administered at bridge and culvert sites to

ensure that hazardous materials do not runoff.

(1) When water is present, immediate action to contain and remediate a spill is required.

(2) The Contractor shall notify the NDOT Project Manager and NDEQ

upon release of any quantity of material to waters of the state. The NDOT Project Manager will notify the NDOT Environmental Section upon notification of a release.

vii. Spill training agenda and materials for the Contractor’s staff and

subcontractors.

c. Identify individuals responsible for implementing the plan. d. Specify how and when to notify appropriate authorities such as Nebraska

Department of Environmental Quality and Nebraska State Patrol.

2. The Contractor shall provide and maintain a spill kit with appropriate materials to clean up minor spills on site as described in the Spill Prevention and Control Plan. A minor spill is defined as a release that is less than the reportable quantity for a given material and not entering waters of the state.

3. Material Safety Data Sheets (MSDS) shall be maintained on site for all hazardous

materials being used or stored for the project. The MSDS Sheets shall contain reportable quantities and spill response information.

Construction Methods

1. The Contractor shall store paints, solvents, pesticides, petroleum products, and other hazardous materials in areas with secondary containment.

2. Hazardous materials storage, including portable toilets, shall be restricted to specific

areas away from:

a. vehicular traffic


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b. restricted areas shown on the plans c. waters of the state, including wetlands (50 feet minimum distance) d. Wellhead Protection Areas, unless designated in a Wellhead Protection Plan that

has been approved by the local authority.

3. The Contractor shall inspect hazardous material containers weekly to ensure that all containers are clearly identified and that no leaks are present.

4. The Contractor shall inspect the site weekly to ensure that cleanup procedures are

posted and that a spill kit is adequately stocked and readily available. 5. The Contractor shall verify and update the SPCP site maps as necessary during

inspections to accommodate changes in the site. 6. A spill kit shall be readily available, in close proximity and appropriately stocked when

applying petroleum based or other hazardous materials to bridge and culvert sites. 7. The Contractor shall develop, implement and maintain a training program regarding

hazardous materials management. Training of the Contractor’s staff and subcontractors shall be conducted to ensure that workers are knowledgeable of the procedures, materials and equipment outlined in the SPCP. The Contractor shall maintain a database of individuals that have been trained. a. Specific hazardous materials and their handling procedures shall be discussed

during safety briefings.

8. The Contractor shall maintain and provide to the Project Manager, upon request, a record of all spills occurring on site. This record shall include:

a. The circumstances leading to the spill b. The date of the release c. Measures taken to resolve the incident d. Measures taken to prevent a reoccurrence

9. The Contractor shall follow NDEQ notification procedures for all spills in excess of a reportable quantity as defined by NDEQ Title 126 or the products MSDS Sheets. The NDOT Project Manager will notify the NDOT Environmental Section.

10. The Contractor shall follow all local, state and federal regulations associated with the

release and/or cleanup, including disposal of the hazardous material.


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Method of Measurement and Basis of Payment 1. Direct payment will not be made for work associated with Hazardous Materials

Management, but is considered subsidiary to the items for which direct payment.

2. The Contractor shall solely bear all penalties and costs associate with the containment, cleanup, remediation and disposal of material associated with a spill.

ACCEPTANCE TESTING OF SOILS BY USE OF THE LIGHT WEIGHT DEFLECTOMETER (LWD) SCOPE

(2-2-1217) This test method covers the in-place measurement of deflection and moisture content of Class III embankments, subgrade preparation, granular fill and backfill for acceptance testing on Nebraska Department of Transportation Projects. Refer to Subsection 205.03 of the NDOT Standard Specifications for Highway Construction for a definition of Class III embankments. Refer to NDOT Test Method T 2835 for the proper operation of the LWD. The deflection test measurement shall be the average measured deflection of the fourth, fifth, and sixth drops of the falling weight of the LWD. The first three drops are to be used to seat the LWD. The Deflection Target Value (DTV) is the deflection value of each soil determined by using a test strip or from correlation with the Nebraska Group Index for an individual Soil. Option 1 A. Determination of DTV using a Test Strip 1. A test strip shall be constructed for each soil type to determine the deflection

target value. 2. A new test strip shall be constructed when there is an observed change in

material or as determined by the Engineer. 3. The test strip dimensions for roadway embankment and subgrades shall have a

minimum length of 200 feet and a width equal to the embankment or roadway. The total thickness shall be no less than 6 inches for roadway subgrade and no less than 1 foot and no more than 3 feet for roadway embankment.

4. The test strip dimensions for trenches, culverts, and structures shall have a

minimum length of 10 feet and a width equal to that of the excavation. The total thickness shall be no less than 1 foot and no more than 3 feet.

5. The optimum moisture of fine grained soils shall either be determined in the

NDOT Branch Lab or Central Lab, and shall be based on a correlation with the Plastic Limit or determined from AASHTO T-99. A 10-lb sample of proposed material shall be submitted to the NDOT Branch Lab or Central Lab a minimum of 14 days prior to grading operations.


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6. The moisture content for granular soils shall be “as necessary” to achieve proper compaction.

7. The moisture content limits of the soil shall follow the requirements provided in

Table 1. 8. The test strip area construction shall be incidental to the embankment

construction. 9. The testing rate during the test strip construction is provided in Table 2.

Table 1 - Moisture Requirements

Location Soil Type Depth Below

Finished Subgrade

Minimum % Maximum %

Soil materials receiving concrete

pavement

Silt – Clay Silt- Clay Granular

Upper 3 feet Greater than 3

feet All Depths

Opt. -3 Opt. -3

**

Opt. +2 Opt. +2

**

Soil materials receiving flexible

pavement

Silt – Clay Silt- Clay Granular

Upper 3 feet Greater than 3

feet All Depths

Opt. -2 Opt. -3

**

Opt. +1 Opt. +2

**

Soil materials receiving gravel

surfacing All materials All Depths ** **

Subgrade prep. Shoulder

subgrade prep (concrete pavement)

Silt – Clay

Granular

The upper 6 inches of

subgrade soil

Opt. -3

**

Opt +2

**

Subgrade prep. Shoulder

subgrade prep (flexible

pavement)

Silt – Clay

Granular

The upper 6 inches of

subgrade soil

Opt. -2

**

Opt +1

**

Stabilized Subgrade

- - See Specifications

Granular Structural Fill (MSE Walls,

bridges, culverts, et.)

Granular All Depths ** **

** Moisture as necessary to obtain proper compaction. The moisture target value for granular materials shall be established in the field by the Contractor during the compaction process. Once established the target moisture shall not vary by more than + 2%.

Table 2 - Test Strip Testing Rate Material Location Minimum Testing Rate

Roadway embankment and subgrade 3 tests/ pass* Trenches, culverts, and miscellaneous structures 1 test / pass*

* Number of passes with compaction equipment as described in paragraph 13c of Subsection 205.03 of the NDOT Standard Specifications for Highway Construction.


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B. Test Strip Construction and Testing 1. Prior to placing the fill material for the test strip, the subgrade shall be scarified

and re-compacted. 2. The fill material shall be placed with a lift thickness no greater than 8 inches

uncompacted. 3. The test strip shall be constructed with uniform material and moisture content,

and compaction; until it meets the requirements of numbers 3 or 4 of Section A of this provision.

4. The deflection target value is obtained when: i. The moisture content is within the acceptable range. ii. The average of the deflection test measurements for three consecutive

passes of compaction equipment does not change by more than 10% with additional compaction. The DTV shall be based on the lowest average deflection test measurement from these passes.

5. A 10-lb sample of the test strip material shall be submitted to the NDOT Branch

Lab or Materials and Research Soil Lab for index testing. 6. The DTV shall be re-evaluated when: i. Deflection test measurements are consistently less than the DTV. (3 out

of 5 consecutive deflection test measurements are less than 0.80 of the DTV).

ii. Failing test results are consistently occurring and adequate compaction is

observed. Option 2 C. Determination of Deflection Target Values based on the Nebraska Group Index

(NGI)

1. Prior to construction a 10-lb bag of representative material shall be submitted to the nearest NDOT Branch Lab or Materials and Research Soil Lab for each different soil type no less than 21 days prior to grading operations.

2. From the laboratory testing NDOT will determine the Nebraska Group Index

(NGI) for each soil type submitted and provide a correlated minimum DTV and optimum moisture content.

3. If no correlation data is available for an individual NGI, a test strip shall be used

to determine the DTV as discussed in parts A and B in this provision.


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4. The DTV shall be re-evaluated when: i. Deflection test measurements are consistently less than the DTV. (More

than 20% of the deflection test measurements are less than 0.80 of the DTV.

ii. Failing test results are consistently occurring and adequate compaction is

observed.

Acceptance Testing

1. The Deflection Target Value for use as acceptance testing shall be: DTV ≤ 1.10 x average deflection value determined from Option 1, Part B,

of this provision

DTV ≤ Correlated DTV determined from the NGI correlation, Option 2, Part C

2. The testing frequency for moisture and deflection shall follow the NDOT Materials

Sampling Guide. 3. The moisture content of soil shall be performed using NDOT’s approved

equipment and methods. Approved equipment includes: 1) hot plates, stove, or microwave, 2) Speedy Moisture Method, or 3) Laboratory oven method.

4. Moisture content results shall be reported to the nearest tenth of a percent.

REMOVE ASPHALT SURFACE

The Contractor shall be required to saw cut or mill the asphaltic concrete full depth to expose a vertical face at locations where removed asphalt surface will abut new pavement, as shown in the plans, or using other methods approved by the Engineer. The work of cutting, removing and disposing of the existing bituminous material will not be measured for payment directly but shall be considered subsidiary to the item "Remove Asphalt Surface".

SAWING PAVEMENT

Paragraph 5. of Subsection 203.04 in the Standard Specifications is void.

GRAVEL EMBEDMENT

Description 1. This work shall consist of spreading gravel over the surface of the roadbed, scarifying

roadbed to blend the gravel into the subgrade soil followed by compacting the area to create a stable base for the Gravel Surface Course.


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Materials 1. Gravel for embedment shall conform to the requirements of Gravel Surfacing in

Paragraph 6. of Subsection 1033.02 of the Standard Specifications for Highway Construction.

Equipment 1. The Engineer will evaluate the effectiveness of the scarification equipment. Construction Method 1. A two inch layer of gravel shall be uniformly spread over the surface of the roadbed that

has been prepared in accordance with the Contract and Plans. 2. The gravel layer and roadbed shall be scarified to uniformly blend the gravel into the

upper four inches of the subgrade soil.

a. Water shall be added as necessary to facilitate compaction. 3. This scarified and blended roadbed surface shall be compacted with a minimum number

of 4 passes with a padfoot roller until firm and stable, as determined by the Engineer. 4. The scarification, blending and compaction work shall not alter the cross slope of the

roadbed. 5. After the gravel embedment is completed, the Contractor shall place and spread two

inches of Gravel Surface Course on the roadway. 6. Additional gravel shall be placed and spread during the life of the project at the

Engineers discretion. Method of Measurement 1. Gravel Embedment shall be measured by the Station measured horizontally along the

project centerline, of completed and accepted work. 2. All gravel used to build the Gravel Embedment and Gravel Surface Course will be

measured and paid as Gravel Surface Course in accordance with Section 310 of the Standard Specifications.

3. Water will not be measured and paid for but shall be considered subsidiary to the item

“Gravel Embedment.”


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Basis of Payment Pay Item Pay Unit 1. Gravel Embedment Square Yard (SY) or Station 2. Gravel Surface Course Cubic Yard (CY) or Ton (TN) 3. Payment is full compensation for all work prescribed in this Special Provision.

BRIDGE END PROTECTION (4-2-1217)

When the plans call for guardrail to be removed at the approach to a bridge, the Contractor shall install Type III barricades to warn the traveling public of the unprotected bridge ends. Three Type III barricades shall be installed on the right side at 50-foot (15 meter) centers with the first barricade placed at the unprotected end. The third barricade shall have a Type "A" warning light. In addition, one Type III barricade will be placed at the unprotected bridge end on the left side. All Type III barricades shall be double-sided.

WORK ZONE TRAFFIC CONTROL SIGNS (4-3-1217)

The Department has adopted the FHWA 2009 Manual of Uniform Traffic Control (MUTCD) and the 2011 Nebraska Supplement to the MUTCD as the official guidance for work zone traffic control signs. Many work zone traffic control signs have been revised, redesigned, or replaced in the 2009 MUTCD (and 2011 Nebraska Supplement). Accordingly, all work zone signs shall comply with the following: 1 - All signs, regardless of age, shall meet the design standards of the 2009 MUTCD

(and 2011 Nebraska Supplement).

CONCRETE PROTECTION BARRIERS (4-9-1217)

Guidance for concrete protection barriers:

1. Type A: 4-loop barriers with a large opening at the bottom. Type B: 6-loop barriers with 4 lifting slots and no slots for tie-down rods. Type C: 6-loop barriers with 4 lifting slots and 6 slots for tie-down rods. 2. Type A barriers will not be allowed for use on NDOT projects whose contract

start date is January 1, 2018 or later, regardless of requested or granted early starts that begin projects prior to that date. Type A barriers will not be allowed on interstate or freeway roadways.


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3. Barriers Type B and C may be used on this project and may directly be pinned to

each other in the same installation arrangement. 4. Other existing barriers meeting NCHRP 350 or MASH (Test Level 3) testing

guidelines and FHWA approval may only be used with written permission (containing this project name and/or control number) from the District and Roadway Design Division.

5. If new barriers are to be fabricated for use on this project, only Type C barriers

shall be fabricated. Guidance for the use of NDOT Concrete Protection Barriers:

The Contractor, at his/her option, may use NDOT owned concrete protection barriers from NDOT stockpiles in Districts 1 and 2 at no charge to the Contractor. The Contractor is responsible for determining to his/her satisfaction the number, type, and condition of the available concrete protection barriers at the various stockpile sites. It is also the Contractor’s responsibility to 1) coordinate with the Districts (1 or 2) as to the availability of any NDOT concrete protection barriers and 2) reserve the quantity of barriers needed for the intended project. The available District 1 stockpile sites are as follows: NW 27th Street south of the Lincoln Municipal Airport The Greenwood I-80 Maintenance Yard 262nd Street near Ashland Other various locations The available District 2 stockpile sites are as follows: 3911 So. 29th Street Near 26th & F Street in South Omaha On N-36 east of N-133 Regardless of the original source of the barriers (NDOT, private, etc.) the barrier will be considered as supplied by the Contractor, and will be subject to the specifications for, and paid under the item “Concrete Protection Barrier.” It will be the Contractor’s responsibility to remove the barriers in a neat and orderly fashion and to return the barriers to their original location and restack them neatly as directed by the Engineer. For any barriers damaged beyond further use, the Contractor shall be charged $600 per damaged barrier.


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TEMPORARY TRAFFIC SIGNAL (RAILROAD PREEMPT)

Section 410 shall be amended to include the following requirements:

The Temporary Signal system shall be capable of interconnecting with a Railroad Traffic system to accept a preempt. The method of interconnect within the signal system and with the rail preempt shall be determined by the Contractor. The chosen solution shall not conflict with existing NDOT polices. If a wire is to be run under or over a rail line a permit will be required from the Railroad Company. The Contractor will be required to obtain said permit; required training and all related costs shall be their responsibility. The permit process can take up to a 3 month period, so if needed it should be done as a first order of business. The Contractor shall also be responsible for coordinating any work with the PM and the designated railroad representative. The controller response time shall not exceed 1 second.

PERMANENT PAVEMENT MARKING

Section 423 in the Standard Specifications is amended to provide that for the items “___ Permanent Pavement Marking” the following materials may be used. I Concrete Roadways

For pavement markings being placed on concrete surfaces, “Preformed Pavement Marking, Type 4, Grooved”, “Preformed Pavement Marking, Thermoplastic”, or “Polyurea, Grooved” may be used. Approved preformed pavement markings are shown on the NDOT Approved Products List. The material used shall be installed in accordance with the manufacturer’s specifications.

II Asphalt Roadways

For pavement markings being placed on asphalt surfaces, “Preformed Pavement Marking, Type 4, Grooved”, “Preformed Pavement Marking, Thermoplastic”, “Thermoplastic, Grooved”, or “Polyurea, Grooved” may be used. Approved preformed pavement markings are shown on the NDOT Approved Products List. The material used shall be installed in accordance with the manufacturer’s specifications.

Paragraph 1. of Subsection 423.05 is amended to include the following: Pay Item Pay Unit ___ Permanent Pavement Marking Linear Foot (LF) ___ Permanent Pavement Marking Each (ea) Regardless of the material used it shall be measured and paid for as “___ Permanent Pavement Marking”.


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SURFACING UNDER GUARDRAIL

(5-3-1217) Amend Section 503 in the Standard Specifications to include Surfacing Under Guardrail. At the Contractor’s option, the surfacing may be constructed using Class “47B-3000” Concrete, Class “BX-3000” Concrete, Class “PR-3000” Concrete (Class 47B-20 Concrete, Class BX-20 Concrete, Class PR-20 Concrete), or any commercially produced hot mix asphaltic concrete, which has been approved by the Engineer. These materials may be used interchangeably during the course of the work except that surfacing at any individual location must be completed with the same material with which the work was begun. If concrete is used in the surfacing, it shall reach a minimum strength of 3000 psi (20 Mpa) before opening to traffic. If asphalt is used in the surfacing, the Contractor shall monitor the density through a combination of rolling pattern and field testing as deemed necessary by the Engineer. The surfacing under guardrail may be placed in a single lift. If placing in multiple lifts, the lower lifts may be placed by means other than a paver, however, the final lift must be placed with a paver. Amend Subsection 302.04 in the Standard Specifications to provide that the work of subgrade preparation for surfacing under guardrail will not be measured for payment, but shall be considered subsidiary to the item “Surfacing Under Guardrail”. Subsection 304.04 in the Standard Specifications is amended to provide that the work of earth shoulder construction associated with surfacing under guardrail will not be measured for payment, but shall be considered subsidiary to the item “Surfacing Under Guardrail.” Subsection 503.05 in the Standard Specifications is amended to provide that P.G. Binder used in the asphaltic concrete will not be measured for payment, but shall be considered subsidiary to the item “Surfacing Under Guardrail”. Subsection 504.04 in the Standard Specifications is amended to provide that the application of a tack coat, including furnishing emulsified asphalt, will not be measured for payment, but shall be considered subsidiary to the item “Surfacing Under Guardrail”. The work and materials required for any drainage curb placed on surfacing under guardrail will not be measured and paid for, but will be considered subsidiary to the item “Surfacing Under Guardrail”. The work and materials required for surfacing under guardrail will be paid for at the contract unit price per square yard (square meter) for the item “Surfacing Under Guardrail”. Payment will be full compensation for the work prescribed in these Special Provisions and the Standard Specifications.


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RUMBLE STRIPS

(5-6-1217) This work consists of cutting rumble strips in pavements to the dimensions, spacing, and at the locations shown in the plans or directed by the Engineer. The cutting head shall have the cutting tips arranged in a pattern as to provide a smooth cut [approximately 1/16" (2 mm) between peaks and valleys]. Alignment of the edge of the pattern will be randomly checked by the Engineer. Any rumble strips misaligned [+/- 2 inches (+/-50 mm)] shall be re-cut. The Contractor shall demonstrate to the Engineer on an initial 500 foot (150 m) test section that the equipment and method will provide the desired milled rumble strip and surface inside each depression without tearing, snagging, or chipping the pavement. If the desired results are not being provided, as determined by the Engineer, the Contractor shall provide new equipment or method, or make necessary adjustments to provide the desired results. If the initial 500 foot (150 m) section results are unsatisfactory it will be repaired or replaced as determined by the Engineer, at no additional cost to the Department. Excess waste material resulting from the operation shall be removed on a daily basis by use of a power broom or other method approved by the Engineer. Excess waste material shall be removed prior to opening the adjacent lane to traffic. Any joint that had been previously sealed and then was damaged due to the installation of the rumble strip shall be resealed as directed by the Engineer. The Contractor shall not place rumble strips on bridge decks and bridge approach slabs. Method of Measurement Each shoulder receiving rumble strips shall be measured separately in stations of 100 feet (100 meters). Centerline rumble strips placed left and right of centerline, as shown in the plans, shall be measured separately in stations of 100 feet (100 meters). Stations shall be measured horizontally along the project centerline between the beginning and ending points. Deductions will be made for all areas where rumble strips are not required. Basis of Payment Pay Item Pay Unit

Rumble Strips, Asphalt ____ Station (Sta) Station (StaM)

Rumble Strips, Concrete ____ Station (Sta) Station (StaM) Payment is full compensation for all work required to install the rumble strips, and resealing joints as required. No additional payment will be made for the test sections that were deemed unsatisfactory.


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COLD MILLING CLASS 3, COLD MILLING CLASS 3 TYPE A,

COLD MILLING CLASS 4, & COLD MILLING CLASS 5

Void Paragraph 8.a. of Subsection 510.04 of the Standard Specifications is void and superseded by the following: The remaining salvaged bituminous material produced from the cold milling operation not used in production of asphaltic concrete shall become the property of the Contractor and removed from the project. Amend Subsection 510.05 of the Standard Specifications to provide for the measurement of Cold Milling Class 3 in equivalent stations, this being the actual number of square feet of milling divided by 2400 and for the measurement of Cold Milling Class 3 Type A in equivalent stations, this being the actual number of square feet of milling divided by 800. In Union, the cold milling depth shall be adjusted to avoid milling underlying concrete pavement.

COLD MILLING CLASS 4 (Approximately Station 1391+00)

Cold Milling Class 4 shall include milling up to 1.5” of concrete for the purpose of providing a 1.5” inlay.

CONCRETE SURFACE MILLING Subsection 510.04 of the Standard Specifications is amended to include the following: The Contractor shall use waterblasting equipment operated with sufficient consistent pressure to effectively clean the pavement surface of all dirt, foreign materials, loose surfacing material, and any residue before placement of the asphaltic concrete overlay. Care shall be taken to prevent any debris or construction materials from directly entering or entering any inlets on the project that lead directly to:

1. waterways.

2. poorly-vegetated ditches, or

3. Well-vegetated ditches having less than 200 feet between the conduit outlet and the point of discharge of the ditch into a waterway.

Inlets shall not be blocked or otherwise restricted in such a way to cause water to collect within an active traffic lane. The concrete must be completely dry before placement of any asphaltic concrete on these areas.


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Paragraph 11 of Subsection 510.04 of the Standard Specifications is void and superseded by the following:

11. All material salvaged from this operation shall become the property of the Contractor and shall be removed from the project.

Concrete Surface Milling work shall be performed after Concrete Repair work.

SURFACING 8” The work shall consist of the construction of the surfacing on this project in accordance with plans, Standard Specifications and these Special Provisions. The finished surface shall not vary more than 1/8” as determined by using a ten foot straightedge, or other devices approved by the Engineer. The Contractor shall correct any depressions or high areas in excess of 1/8”. At the Contractor's option the Surfacing 8” may be constructed using Class "47B-3500 Concrete, Asphaltic Concrete Type SPR, SLX, or SPH (0.5). Whatever option is chosen shall be used throughout the project unless approved in writing by the Engineer. Asphaltic Concrete used for surfacing shall meet all specifications and sampled and tested as shown in the Standard Specifications or the Special Provisions. Any concrete or asphaltic concrete not meeting the specifications will be subject to removal. Prior to placing the Surfacing, prepare the underlying subgrade in accordance with the requirements of Section 302 of the Standard Specifications. Subsection 503.05 is amended to provide that Asphaltic Concrete and PG Binder used in the asphaltic concrete will not be measured for payment, but shall be considered subsidiary to the item "Surfacing 8”. Performance Graded Binder 58V-34 or 58E-34 shall be used if Asphaltic Concrete is chosen as the Surfacing 8”. Performance Graded Binder 58H-34 may be used if the asphalt mix chosen contains a minimum of 40% RAP. Subsection 504.04 is amended to provide that the application of a tack coat, including furnishing emulsified asphalt, will not be measured for payment, but shall be considered subsidiary to the item Surfacing 8”. Subsection 508.04 is amended to provide that the work of Joint Sealing -Asphalt to Concrete for Surfacing will not be measured for payment, but shall be considered subsidiary to the item Surfacing 8”. Hydrated Lime/Warm Mix Asphalt used for surfacing will not be measured and paid for but shall be considered subsidiary to the item Surfacing 8”. Subsection 603.04 is amended to provide that concrete pavement will not be measured for payment, but shall be considered subsidiary to the item Surfacing 8”. Measure surfacing by the square yard of completed and accepted work.


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The work and materials required for the surfacing will be paid for at the contract unit price per square yard for the item Surfacing 8”. Payment will be full compensation for the work prescribed in these Special Provisions and the Standard Specifications.

Surfacing 8” Thickness Cores The Contractor will be required to core the Surfacing for final thickness determination. The cores will be cut prior to opening the surfacing to traffic. One core shall be taken for each 3500 square yards, or fraction thereof, of surfacing placed with a minimum of 1 core taken per project. The Engineer shall select the site where the core shall be taken. All work, materials and incidentals necessary to complete the work shall considered subsidiary to the item Surfacing 8”.

TEMPORARY SURFACING 8”

The work shall consist of the construction of the Temporary Surfacing on this project in accordance with plans, Standard Specifications and these Special Provisions. The finished surface shall not vary more than 1/8” as determined by using a ten-foot straightedge, or other devices approved by the Engineer. The Contractor shall correct any depressions or high areas in excess of 1/8”. Prior to placing the Temporary Surfacing, prepare the underlying subgrade in accordance with the requirements of Section 302 of the Standard Specifications. At the Contractor's option the Temporary Surfacing 8” may be constructed using Class 47B-3500 Concrete, Class BX-3000 Concrete or Asphaltic Concrete Type SPR, SPH, SLX or SRM. These materials may be used interchangeably during the course of the work except that surfacing at any individual location must be completed with the same material with which the work was begun. Asphaltic Concrete used for surfacing shall meet all specifications and be sampled and tested as shown in the Standard Specifications or Special Provisions. Any concrete or asphaltic concrete not meeting the specifications will be subject to removal. Subsection 302.04 is amended to provide that the work of Subgrade Preparation, as well as all water applied as directed by the Engineer, will not be measured for payment, but shall be considered subsidiary to the item Temporary Surfacing 8". Subsection 304.04 is amended to provide that the work of Shoulder Construction, as well as all water applied as directed by the Engineer, will not be measured for payment, but shall be considered subsidiary to the item Temporary Surfacing 8”. Subsection 503.05 is amended to provide that Asphaltic Concrete and PG Binder used in the asphaltic concrete will not be measured for payment, but shall be considered subsidiary to the item Temporary Surfacing 8”. Performance Graded Binder 58V-34 or 58E-34 shall be used if Asphaltic Concrete is chosen as the Temporary Surfacing 8”. Performance Graded Binder 58H-34 may be used if the asphalt mix chosen contains a minimum of 40% RAP. Subsection 504.04 is amended to provide that the application of a tack coat, including furnishing emulsified asphalt, will not be measured for payment, but shall be considered subsidiary to the item Temporary Surfacing 8".


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Paragraph 15 of Subsection 603.03 is amended to provide that concrete used in the temporary surfacing, reach a minimum strength of 3000 psi before opening to traffic. Subsection 603.04 is amended to provide that concrete pavement will not be measured for payment, but shall be considered subsidiary to the item Temporary Surfacing 8". When the need for the temporary surfacing is no longer required the Contractor shall remove the temporary surfacing and it shall become the property of the Contractor and removed from the project. All the work necessary to accomplish this requirement is considered subsidiary to the item Temporary Surfacing 8". Measure temporary surfacing by the square yard of completed and accepted work. The work and materials required for temporary surfacing will be paid for at the contract unit price per square yard for the item Temporary Surfacing 8”. Payment will be full compensation for the work prescribed in these Special Provisions and the Standard Specifications.

Temporary Surfacing Thickness Cores The Contractor will be required to core the Temporary Surfacing for final thickness determination. The cores will be cut prior to opening the temporary surfacing to traffic. One core shall be taken for each 3500 square yards, or fraction thereof, of temporary surfacing placed with a minimum of 1 core taken per project. The Engineer shall select the site where the core shall be taken. All work, materials and incidentals necessary to complete the work shall be considered subsidiary to the item Temporary Surfacing 8”.

ASPHALTIC CONCRETE PLACEMENT The 1-1/2 inch Asphaltic Concrete Type SPR overlay shall be placed in one lift. The 2 inch Asphaltic Concrete Type SPS overlay shall be placed in one 2 inch lift. The 2 inch Asphaltic Concrete Type SPR overlay shall be placed in one 2 inch lift. The 3 inch tapering to 2 inch Asphaltic Concrete Type SPS overlay shall be placed in one lift. The 3 inch Asphaltic Concrete Type SPR overlay shall be placed in two 1-1/2 inch lifts. The 4 inch Asphaltic Concrete Type SPR overlay shall be placed in two 2 inch lifts.


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TABULATION OF CORES

(FOR INFORMATION ONLY)

CONCRETE PAVEMENT REPAIR Paragraph 5.c. of Subsection 605.04 in the Standard Specifications is void and superseded by the following:

c. Class PR1-3500 or PR3-3500 concrete pavement repairs shall not be opened to traffic until testing shows that the last repair made in that section of roadway has a compressive strength of 3000 psi. This will be determined by use of Maturity Method or cylinders, at the discretion of the Engineer. Table 605.03 is a guide to the minimum time the PR-3500 concrete will reach a compressive strength of 3500 psi.

Location Distance Ft. Rt or Lt of CL

Field Depth inches

Remarks

R.P. 366.30 2 Rt. from back of curb

4.75 AC No PCC below, Bottom stripping

R.P. 366.30 2 Rt. from back of curb

6.50 AC No PCC below, 2.25 stripped out

R.P. 366.09 9 Lt. 3.00 AC PCC below, Stripped our R.P. 365.89 5 Rt. 3.50 AC PCC below, R.P. 365.83 24 Lt. 5.50 AC No PCC, SABC R.P. 365.83 10 Lt. 3.75 AC PCC below, Severe bottom stripping R.P. 365.83 CL 3.75 AC PCC below, Bottom stripping R.P. 365.83 10 Rt. 3.50 AC PCC below, 2 pieces, stripping R.P. 365.83 24 Rt. 5.25 AC No PCC, SABC, Bottom stripping R.P. 365.78 24 Lt. 3.00 AC No PCC, SABC R.P. 365.78 10 Lt. 2.50 AC PCC below, Bottom stripping R.P. 365.78 CL 3.75 AC PCC below, Bottom stripping R.P. 365.78 10 Rt. 3.75 AC PCC below, Bottom stripping R.P. 365.78 24 Rt. 5.75 AC No PCC, SABC R.P. 365.00 9 Lt. 6.00 AC PCC below R.P. 364.00 6 Lt. 5.75 AC

7.00 PCC

R.P. 363.00 9 Lt. 6.00 AC PCC below, 2 pieces, Bottom stripping R.P. 362.00 6 Lt. 7.00 AC PCC below R.P. 361.00 9 Lt. 6.00 AC PCC below, 2 pieces, Bottom stripping


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Subsection 605.04 is amended to include the following: 8. Asphaltic Concrete for Patching

a. The asphalt surface shall be milled after performing the pavement repair work, or as shown elsewhere in the contract.

b. If the Contractor elects to pour concrete to the top of the existing concrete

and use asphaltic concrete to finish filling the repair area, it shall be temporary asphaltic concrete. Temporary asphalt cannot be left in place.

c. Temporary asphaltic concrete will be any asphaltic concrete approved by

the Engineer. The material, placement, maintenance, removal and disposal of temporary asphaltic concrete will not be measured and paid for, but shall be considered subsidiary to the item “Concrete Pavement Repair, Type A, B, or C, Full Depth”.

9. Existing Asphaltic Concrete

a. Core records indicate the thickness of the existing asphalt, as shown below:

WEST BOUND 34 (361.0) WEST BOUND AC thickness is 4.25” 34 (362.0) WEST BOUND AC thickness is 5.5” 34 (363.0) WEST BOUND AC thickness is 5.5” 34 (364.0) WEST BOUND AC thickness is 4.25” 34 (365.0) WEST BOUND AC thickness is 5.0” 34 (360.31 to 365.28) AC thickness average is 6.0” 34 (365.78) EAST BOUND 10’ Rt AC thickness is 3.75” 34 (365.78) CENTERLINE AC thickness is 3.75” 34 (365.78) WEST BOUND 10’ Lt AC thickness is 2.5” 34 (365.83) EAST BOUND 10’ Rt AC thickness is 3.5” 34 (365.83) CENTERLINE AC thickness is 3.75” 34 (365.83) WEST BOUND 10’ Lt AC thickness is 3.75” 34 (365.89) WEST BOUND 9’ Lt AC thickness is 3.25” 34 (365.65 to 366.38) AC thickness average is 3.5”

CONCRETE PAVEMENT REPAIRS (Station 1391+18 to 1392+95)

All concrete pavement repairs in this station range shall be done with Concrete Pavement Class 47B-3500.


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SEALING CRACKS

Paragraph 1. of Subsection 611.01 in the Standard Specifications is void and superseded by the following: This work shall consist of preparation and sealing cracks located in Portland cement concrete roadways at the following location: US-34---Station 1392+95 to Station 1406+93, OUTSIDE SHOULDERS

SEALING JOINTS

Paragraph 1. of Subsection 612.01 in the Standard Specifications is void and superseded by the following: This work shall consist of the preparation and sealing of transverse and longitudinal joins and joints around existing concrete repairs in the concrete roadway at the following location: US-34---Station 1392+95 to Station 1406+93, OUTSIDE SHOULDERS

CONCRETE CONSTRUCTION (7-3-1217)

Paragraph 6.g.(3) of Subsection 704.03 in the Standard Specifications is void and superseded by the following:

(3) Steel stay-in-place form material shall conform to the requirements of ASTM A 653/A 653M Coating Designation G165/Z500.

Paragraphs 8.b. and c. of Subsection 704.05 in the Standard Specifications are void and superseded by the following: 8. Payment Deductions:

b. If the 28-day compressive strength is less than the design compressive strength by more than 500 psi, the Contractor may request approval to take cores at the Contractor’s expense.

(i) A minimum of two cores shall be taken within 45 days after

the concrete was poured under the supervision of the Engineer.

(ii) The location of the cores shall be approved by the Engineer.

(iii) The Engineer will take immediate possession of the cores and take them to the nearest lab for testing.


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(iv) Cores shall be taken in accordance with ASTM C42.

(v) The average compressive strength of all the cores taken

for a Group’s class of concrete poured that day will be used.

c. If the 28-day compressive strength of the cylinders or the average core

compressive strength, whichever is greater, is less than the specified compressive strength and the Engineer determines that the concrete is acceptable for use, a pay factor will be applied to all pay items represented by that 28-day strength. The pay factors are as shown in table 704.03.

Table 704.03 Concrete Strength Pay Factor

Amount Below Specified Compressive Strength (PSI)

Pay Factor

0 to 50 100

Greater than 50 to 100 99





Greater than 500 40 or Remove and Replace

BRIDGE DECK CRACK SEALING (7-3-1217)

1. Prior to project acceptance, the contractor can end his responsibility to seal cracks at no

cost provided that all cracks have been sealed in accordance with the following requirements: a. The Contractor shall not seal any bridge deck cracks until after the following:

i. Concrete has reached a minimum age of 28-days. ii. Work on all phases of the bridge is complete, excluding bump grinding

and grooving, iii. The bridge is no longer being used as a haul road for construction

equipment b. The Contractor shall clean the bridge to remove any asphalt, curing compound,

or other materials that may impair the ability to identify cracks. c. The Contractor shall wet the deck and mark all visible cracks as it dries. d. The bridge deck shall be dry for 24 hours prior to installation of crack sealant.


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e. Crack sealing shall be performed in the presence of the Engineer. f. The Contractor shall submit a letter certifying that all cracks have been sealed in

accordance with the requirements above.

2. The sealing of any additional cracks which develop may be considered for payment as extra work.

3. Bridge decks with excessive cracking will be evaluated by the engineer and may require additional sealing procedures.

BRIDGE JOINT NOSING (7-7-1217)

Description This work shall include sawing, removals (including existing angle irons), forming, and placing of the bridge joint nosing materials required at the expansion joint locations, as specified in the plans. This provision applies to: - New construction, such as when a new approach slab is being constructed - Breaking out concrete bridge deck or approaches and building new expansion joint

seat - Saw cutting existing concrete to allow installation of a new expansion joint - Repairing broken edges of expansion joint gaps such as with nosing material - Asphalt overlays on bridge decks and approaches Material Requirements Products for repair of expansion joint seats or gap edges or used to enhance the durability of gap edges are known as nosing materials. Such materials are given on the Approved Products List as “Bridge Joint Nosing Materials”. Products not shown on the Approved Products List may be used as allowed by Materials and Research Division. Equipment Appropriate equipment, in good working order shall be employed to ensure proper mixing and timely application of nosing materials. Construction Methods Construction of expansion joint seats shall be done as shown in the plans and compliant with all applicable Special Provisions. All faces of the joint gap or seat shall be laid out in a straight line (shall not deviate from a straight line by more than ¼ inch at any point). This rule is applicable to whatever method is used to construct the gap, whether it is saw cutting, concrete forming, placing nosing material, etc.


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Nosing materials shall be used as prescribed by the manufacturer. In addition, or to augment the manufacturer’s instructions as to preparation, all concrete surfaces against which repair or reconstruction material is to be placed, shall be thoroughly cleaned and free of all dust, laitance, moisture or any substances that may interfere with proper adhesion of the material to the concrete. Concrete against which nosing materials are applied shall have been cured for a period as specified by the nosing manufacturer. Method of Measurement The quantity of nosing for which payment will be made shall be computed by the Department in cubic feet from dimensions shown in the plans. No field measurement is required unless actual geometry deviates substantially from what is shown in the plans. No deduction shall be made for the amount of material displaced by reinforcement. Basis of Payment The Bridge Joint Nosing shall be paid by the cubic foot of the nosing installed and accepted by the Engineer. Preparation of the joint, including sawing, removals, sandblasting and forming will not be paid for directly but shall be considered subsidiary to the Bridge Joint Nosing. Pay Item Pay Unit

Bridge Joint Nosing Cubic Feet (CF)

PREPARATION OF BRIDGE AT STATIONS 1335+91.59, 1375+31.94 and 1384+65.66 (7-12-1217)

Description Preparation of the existing bridge structure(s) shall be in accordance with the pertinent provisions of Section 704 of the Standard Specifications. Removal Items The work shall include all work prescribed in the plans necessary to prepare the existing bridge for repair including but not limited to any of the following that apply: a. The removal of existing concrete bridge components as shown in the plans

b. The saw-cutting and breaking back of existing concrete structures to the limits shown in the plans

c. The removal of the existing steel structures as indicated in the plans

d. The removal of the existing bearing devices as indicated in the plans

e. The cleaning and roughening of the existing concrete that comes into contact

with the new work


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f. The cleaning, straightening and extending of the existing reinforcing steel into the new work

g. The cleaning and removal of loose rusted areas of piling to be incorporated into

the new work

h. The removal of expansion devices and/or expansion joint material, if removal is not covered elsewhere in the contract documents or manufacturer’s instructions

i. Cutting down of bearing piles and sheet piles to 2’-0” below the finished grade, if

applicable Jackhammer Requirements This paragraph shall apply to concrete removals for which specifications have not been provided elsewhere in the contract documents: When breaking existing concrete, the use of a 15 lb. maximum hammer applied at a 45º angle is required to chip along the edges of removal, and a 30 lb. maximum hammer applied at a 45 º angle is required for all other concrete removal. Exclusions This provision shall not pertain to removals or preparation for some items of work that may be covered in other contract documents or manufacturer’s installation instructions for those specific items. Phasing The existing structure may be used to maintain traffic during the phased construction. In such case, the work shall be done in phases according to the details shown on the plans. Handling and Disposal of Materials If there are lead plates under the existing steel rail posts, the lead plates shall be recycled in accordance with Subsection 203.01 Paragraph 3 of the Standard Specifications for Highway Construction. All other material resulting from the removal of specified bridge components; e.g., structural steel (painted or unpainted) shall become the property of the Contractor and shall be promptly removed from the right-of-way. It is the responsibility of the Contractor to handle materials that may contain toxic substances in accordance with federal, state and local regulations. Extreme caution shall be exercised in removing the existing bridge components so that no material or debris falls or upon the roadway or into the channel (if so located) below the bridge. The Contractor shall take adequate precautions to protect all traffic and roadways.


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Existing Reinforcing Encountered During Concrete Removal When existing reinforcing steel is broken or has a section loss greater than 20%, the Contractor shall lap splice the existing bar with a bar of matching size. Lap splices shall be as given in the following table:

Bar #

Non-epoxy Length (in.)

Epoxy Length (in.)

4 15 18 5 20 24 6 26 31 7 33 39 8 45 54 9 59 71

10 74 89 11 95 139

The bar used to splice, shall lap, by the length given above, with a portion of the existing bar of which 80% or more of the full section is present, on either side of a break or deteriorated or damaged segment. All existing reinforcing steel exposed during removal of defective concrete shall be incorporated into the new work. Such bars shall be blast cleaned to remove all rust and corrosion. The bars shall be either reformed, as required, to assume their original (intended) shape or bent to allow placement into the new work. Bars that are required to be cut shall be left as long as possible, reformed if necessary and incorporated into the new work. Deviations from these instructions shall be allowed only when clearly indicated in the plans. For any reinforcing bar that has more than 2/3 of its diameter exposed, the existing concrete shall be removed so that a minimum clearance of 3/4” is provided all around the bar for the placement of new concrete.

BRIDGE DECK REPAIR AND BRIDGE APPROACH REPAIR (7-21-1217)

Bridge deck repair and bridge approach repair are treated similarly in this provision, except where a distinction is made.

CONCRETE BRIDGE DECK/APPROACH REPAIR WITH CLASS 47BD 4000 CONCRETE

Description 1. The work shall include removing unsound concrete, disposing of the old concrete,

preparation of the repair area, and furnishing, placing, finishing, and curing the concrete for repairs to bridge decks and/or approaches.


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Material Requirements 1. Materials shall conform to the requirements in Table A.

Table A Material Requirements Applicable Materials Section Portland Cement Concrete 1002 Curing Materials 1010, 1011 Water for Concrete 1005 Adhesive 1018 Joint Sealing Filler 1014

2. The 47BD concrete may use Class F coarse aggregate shown in Table 1033.03A Equipment 1. Surface preparation equipment shall be of the following types: a. Concrete saws capable of sawing to a specified depth.

b. Sandblasting equipment able to remove rust and concrete from exposed reinforcing bars. The equipment shall also be able to remove loose and fractured particles from the prepared concrete surface.

c. Power-driven hand tools will be allowed with the following restrictions:

(1) Jackhammers greater than the nominal 60 lb (27 kg) class shall not be used.

(2) Jackhammers or chipping tools shall not be operated at an angle greater

than 45 degrees measured from the deck surface. (3) Chipping hammers greater than the 30 lb (13.5 kg) class shall not be

used to remove concrete from around reinforcing bars. 2. Vibrating screeds, either mechanical or hand operated shall be used to finish the

concrete. Construction Methods 1. General Requirements:

a. No loads other than construction equipment shall be allowed on any portion of the concrete bridge deck or approach which has undergone preparation and removal of the old concrete surface. No construction load will be allowed which exceeds either an 8,000 lb (3625 kg) wheel load or a 16,000 lb (7250 kg) axle load. Any combination of axles closer than 4 feet (1.2 m) center-to-center will be considered to be one axle.


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b. The Contractor shall take all necessary precautions to prevent damage to persons or property beneath the structure.

2. Concrete Removal Requirements:

a. All unsound concrete shall be removed from the concrete bridge deck or approach. When no overlay is indicated on the plan, the Contractor shall use a diamond blade to cut around the perimeter of the repair area to a depth of one inch. All repairs shall be cut so the edges are either parallel or perpendicular to the traveled way. When an overlay is indicated on the plan, saw-cutting is not necessary and edges shall be left irregular.

b. The Contractor shall remove, scarify or chip the concrete deck or approach to a

minimum depth of two inches in any area requiring repair until all unsound concrete is removed. Where scarifying equipment cannot be used, hand chipping will be required.

(1) Care shall be exercised to prevent cutting or otherwise damaging any

exposed reinforcing bars. Repairs to damaged reinforcing steel shall be performed by the Contractor as directed by the Engineer at no expense to the Department. Additional concrete removal and replacement necessary to repair damaged reinforcing steel shall be at no expense to the Department.

(2) Any damaged epoxy coating of existing reinforcing steel shall be repaired

according to Subsection 1021.03.

c. Defective concrete shall be removed in the following manner:

(1) Where machine scarifying is employed to remove concrete, extreme care shall be used to avoid cutting reinforcing bars. Any damage caused by the Contractor shall be repaired by the Contractor as directed by the Engineer at no additional cost to the Department.

(2) When existing reinforcing steel is encountered that is broken or has a section loss greater than 20%, the Contractor shall lap splice the existing bar with a bar of matching size. Lap splices shall be as given in the following table:

Bar # Non-epoxy Length (in.)

Epoxy Length (in.)

4 15 18 5 20 24 6 26 31 7 33 39 8 45 54 9 59 71

10 74 89 11 95 139

The bar used to splice, shall lap, by the length given above, with a portion

of the existing bar of which 80% or more of the full section is present, on either side of a break or deteriorated or damaged segment.


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(3) At points where removal of unsound concrete is adjacent to reinforcing

bars or the removal of unsound concrete leaves over 2/3 of the bar diameter exposed, the removal shall be continued so that at least 3/4 inch clearance surrounds the bar allowing new concrete to bond to the entire periphery of the exposed bar.

(4) Wherever removal of unsound concrete extends to the top of the bottom

layer of steel, the remaining thickness shall be removed to the full depth of the bridge deck or approach.

(5) When concrete removal goes lower than three inches from the bottom of

the bridge deck or approach, the remaining concrete, in that location, shall be removed to full depth.

(6) Any removals shall be carefully done to prevent damage to the bottom of

the deck or approach and to leave removal boundaries which will allow complete filling with plastic concrete.

3. Preparation of the Surface:

a. All debris and rubble resulting from bridge deck or approach removal shall be thoroughly swept up and disposed of. The Contractor shall sandblast all exposed reinforcing bars, all prepared concrete surfaces, and the portion of the bridge curb and all surfaces of steel roadway joints that will be in contact with the concrete. The remaining concrete surface and reinforcing bars shall be cleaned with compressed air, vacuum, brushes or other methods as necessary to produce a surface free of particles, dust, liquids or other contaminants.

b. In cases where the placement of the concrete is delayed beyond 24 hours after

the sandblasting has been completed, the formation of incidental rust on the rebars due to humidity or rain shall not be cause for re-sandblasting.

4. Forming:

a. Forms shall be provided in areas where the removal goes through the entire depth of the bridge deck. Forms for small areas (1 square yard or less) may be wired to the reinforcing bars for support. Forms for larger areas shall be supported by blocking from the beams.

b. Forms shall be provided as required to re-establish edges of approaches that

have been removed. Voids discovered under approaches shall be filled with flowable fill concrete.

5. Placing Concrete:

a. The Engineer shall inspect and be satisfied that all removal and preparation has been done in compliance with this provision.


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b. The clean dry vertical and horizontal faces of the repair shall be coated with Grade 2 Epoxy Adhesive from the NDOT Approved Products List just before placing the new concrete.

(1) The epoxy adhesive shall be applied to the vertical sides of the repair with

a brush. (2) The epoxy application rate shall be limited so the epoxy adhesive does

not become dry before it is covered with the new concrete.

c. The Contractor shall furnish and place Class 47BD 4000 psi concrete for the deck or approach repair. The concrete shall be handled and consolidated so there will be no separation of the aggregate and the mortar.

d. An internal vibrator shall be used to consolidate the concrete. Excessive

vibration shall be avoided.

e. A vibrating screed shall be used on repairs 5 feet or wider to finish the concrete to the final elevation.

f. The surface shall be floated with a magnesium bull float. The surface shall be

hand tined parallel to the existing tining in the deck or approach. If the deck or approach is to be overlayed prior to opening to traffic, no tining is required.

6. Sealing Joints:

a. All transverse and longitudinal joints surrounding the repair shall be sealed and the work considered subsidiary to the pay item “Bridge Deck Repair” or “Bridge Approach Repair”.

b. Sealing is not required if the repairs will be overlaid with asphalt or concrete. 7. Curing:

a. The Contractor shall apply curing compound to all concrete deck or approach repairs.

b. The application rate shall be 1 Gal/200 SF 8. Smoothness:

a. The elevation of deck or approach repairs shall be corrected in a manner that eliminates swales or bumps. Swales and bumps are defined as having 1/8 inch or greater deviation using an approved 10 foot straightedge. Corrective actions shall be completed by diamond grinding or replacement. The condition of the adjacent pavement shall be considered when evaluating the 1/8 inch deviation requirement.

Method of Measurement 1. "Concrete Bridge Deck Repair” shall be measured for payment by the square yard of

deck repaired, as determined by field measurements.


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2. "Bridge Approach Repair” shall be measured for payment by the square yard of approach repaired, as determined by field measurements.

Basis of Payment Pay Item Pay Unit

1. Concrete Bridge Deck Repair Square Yard (SY) 2. Bridge Approach Repair Square Yard (SY) 3. Areas of repair that, at the direction of the Engineer, extend through the full thickness of

the deck or approach shall be measured and paid for at an additional 1.5x the price for “Concrete Bridge Deck Repair” or “Bridge Approach Repair”.

4. Payment for above pay items shall be full compensation for the completion of the work

and for providing all materiel described in the contract documents.

BACKFILLING CULVERTS (7-28-2017)

Paragraph 10. of Subsection 107.07 in the Standard Specifications is void. Paragraph 3.a. of Subsection 702.03 is amended to include the following: (13) Backfill for culverts shall not be placed on frozen soil.

PREFORMED WATERPROOFING MEMBRANE TYPE 1 (7-29-1217)

Description of Work 1. This work shall consist of preparation of the deck or approach surfaces, providing and

installing a roll type waterproofing membrane. A required degree of smoothness is specified. This smoothness is to be attained by finishing new concrete or removing rough surfaces of some existing concrete. Roughness removal work shall be subsidiary to the Pay Item, “Preformed Waterproofing Membrane, Type 1”. Bridges with subsidiary roughness removal work have been pre-inspected by NDOT and found to require roughness removal on less than 15% of the area to be covered by Waterproofing Membrane.

Material Requirements 1. The Preformed Waterproofing Membrane shall be a preformed composite material

composed of rubberized or modified-bitumen asphalt and heat resistant fabric reinforcement.

a. The waterproofing membrane shall meet physical requirements as specified in Table 1.


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2. The Wick Drain shall be a composite material and shall meet the requirements specified in Table 2.

Table 1

Physical Requirements of Preformed Waterproofing Membrane

Property Test Method Rubberized

Asphalt Type Modified

Bitumen Type

Minimum Total Thickness of membrane (mils)

ASTM D3767 65 70

Minimum Width (in) not stated 36.00 36.00

Minimum Tensile Strength (lb/in) ASTM D882-12 50 40

Minimum Percent Elongation at break (%)

ASTM D882 15 10

Minimum Softening Point, (°F ) ASTM D36 165 210

Pliability ASTM D146 No cracks No cracks

Table 2

Physical Requirements of Wick Drain Fabric Properties Value Test Method

Material Polypropylene Minimum Grab Tensile Strength (lb) 130 ASTM D-4632

Minimum Puncture Strength (lb) 41 ASTM D-4833 Minimum Trapezoidal Tear (lb) 60 ASTM D-4533

Minimum Elongation (%) 50 ASTM D-4632 EOS (AOS) (sieve size) 70 ASTM D-4751

Minimum Permittivity (1/sec) 0.8 ASTM D-4491 Minimum Flow Rate (gpm/sqft) 60 ASTM D-4491

Minimum UV Stability (%) 70 ASTM D-4355

Core Properties Value Test Method

Material Polypropylene Minimum Tensile Strength (lb) 225 ASTM D-4595

Product Properties Value Test Method

Minimum Discharge Capacity (gpm) 1.6 ASTM D-4716 Roll width (in) 3 to 4.5

Maximum total thickness (in) 0.5 3. Products on the Approved Products List under “Preformed Waterproofing Membrane,

Type 1” may be used without additional approval. Other products meeting the requirements of Table 1 may be submitted to the Engineer for approval.

a. NDOT may verify the membrane thickness from random samples obtained from membrane delivered to the site prior to placement on the bridge.


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4. Products on the Approved Products List under “Wick Drains for Asphalt Overlays on Bridges” may be used without additional approval. Other products meeting the requirements of Table 2 may be submitted to the Engineer for approval.

5. Primer for use with the rubberized asphalt membrane shall be a neoprene-based material, and the primer for use with the modified-bitumen asphalt membrane shall be resin-or-solvent-based material. Primers shall be of a type recommended by the Manufacturer.

6. The mastic for use with rubberized asphalt membrane shall be rubberized asphalt

cold-applied joint sealant. The mastic for use with modified-bitumen asphalt membrane shall be a blend of bituminous and synthetic resins.

7. A Materials Certification Letter shall be submitted by the Wick Drain Manufacturer to the

Engineer before product delivery. 8. Manufacturer’s installation instructions for waterproofing membrane shall be provided to

the Engineer in advance of any work on the bridge. Construction Methods 1. Storage a. All materials shall be shipped and stored in a dry shaded area between 35°F to

90°F and according to the manufacturer’s recommendations. 2. Preparation of the Surface to be covered by Waterproofing Membrane a. Newly placed concrete shall be drag finished with wet burlap. The burlap finish

shall create a uniform, fine-grained finish on the sealed concrete surface. No tining, grooving, brooming, or other texturing shall be used. Burlap finish may be omitted on newly placed concrete that will not be exposed to traffic.

b. New concrete to be covered by waterproofing membrane shall be cured with

saturated wet burlap for 72 hours or a tack coat or bituminous based compound approved by the Engineer. White-pigmented curing compound shall not be allowed on surfaces to be covered by waterproofing membrane.

c. Portland cement concrete to be covered by waterproofing membrane shall cure

for a minimum of 12 days before applying the waterproofing membrane. d. The Engineer shall be contacted for guidance if ponding of water is observed on

the concrete bridge deck before membrane is placed. e. Smoothness Requirement: The surfaces to be covered by Preformed Waterproofing Membrane shall have a

concrete surface profile (CSP) of 6 or smoother as per the International Concrete Repair Institute (ICRI) and no protrusions or irregularities shall exceed an amplitude of 3/16 inch within a lateral distance of 1 inch. Tining deeper than 1/8-inch shall not be accepted. No more than 1/4 inch of bridge concrete may be removed. Concrete surfaces that do not meet the above smoothness


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requirement shall be prepared to receive the membrane by mechanical methods approved by the Engineer. Concrete roughness removal in excess of 15% of the area to be covered by Waterproofing Membrane shall be paid for as “Extra Work”. Decks that were originally constructed to a parabolic cross slope may require the use of smaller equipment to avoid excessive concrete removal near the centerline of the bridge. Use of a leveling course is not allowed except as shown in the plans.

f. All honeycombed areas and surface cavities and cracks wider than 1/16” shall be

cleaned and filled with approved patching materials. Instead of patching, surface cavities may be ground to form a smooth transition across the deck surface if approved by the Engineer.

3. Cleaning of the Surface to be covered by Waterproofing Membrane

a. Surfaces shall be free of sand, clay, dust, salt deposits, bituminous or asphaltic residue, grease, oil, pavement markings and other deleterious materials before

application of primer or adhesive. Tack coats or bituminous curing compounds shall be allowed to remain in place.

(1) Any portion of the deck surface not corrected for smoothness per

paragraph 2.e., including 3 inches up the curb face shall be thoroughly cleaned by abrasive blasting, and then blown clean with compressed air which is free of oil and water immediately before application of the primer or adhesive.

b. From the time the bridge deck is cleaned for the primer or adhesive coat until the

placement of the asphaltic concrete overlay, the only traffic permitted on the area being treated shall be the necessary workers and equipment to perform the work required.

4. Weather and Moisture Conditions a. Neither the Membrane, nor Primer or Adhesive shall be applied in wet weather or

at ambient or surface temperatures of 32 °F or below. Special attention shall be given to assure that there is no moisture present at the interface between the membrane and deck and bridge curb. Membrane application shall occur only when the weather and atmospheric conditions are favorable for a drying period of at least four hours after completion of the application.

(1) The Contractor shall verify that surfaces to which primer or adhesive will

be applied are sufficiently dry by the following method. No condensation shall be found by taping an 18 inch by 18 inch plastic sheet tightly to the surface of the concrete per ASTM D4263. The plastic sheet test shall be performed only when surface temperatures and ambient conditions are within the established parameters for application of the overlay system. In the event of rain, the concrete shall be allowed to air dry for a minimum of 24 hours before performing the plastic sheet test. This test shall be performed by the Contractor and observed by the Engineer. The Department will allow a 1 hour test duration instead of the 16 hours specified in ASTM D4263.


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b. Membrane shall not be applied if weather will not permit placement of the asphaltic concrete overlay on top of the membrane before rain.

5. Priming of the Surface to be covered by Waterproofing Membrane a. Areas of the deck that will later be covered by expansion devices other than

Asphalt Plug Joints may be masked prior to application of the primer or adhesive to facilitate membrane removal.

b. Use of an asphalt leveling course is not allowed. c. Primer or adhesive shall be spray applied or applied with a squeegee or deep

nap roller that is resistant to breakdown. d. Allow primer or adhesive to dry until tack free. Treated areas shall be covered by

membrane within 8 hours or as specified by the product manufacturer. e. Care shall be taken to avoid defacing adjacent surfaces with primer, adhesive or

other materials. f. Primer or adhesive shall be used on concrete or existing asphalt surfaces at the

rate specified by the manufacturer. 6. Membrane Placement

a. A 1/2 to 3/4 inch (13 to 20 mm) fillet of mastic shall be placed between any vertical face and the bridge deck or approach surface before placement of the membrane to prevent a void area where the membrane turns up the vertical face.

b. An extra 9 to 12 inch (225 to 305 mm) wide strip of preformed membrane shall

be placed before the normal membrane coverage at all joints, areas around drains, all membrane junctions with curbs, end dams, protrusions, construction joints, cracks greater than .10 inch (2.5 mm), and at all inside corners.

c. Membrane shall be applied from low point to high point in both longitudinal and

transverse directions and overlapped in shingle fashion. d. Overlap and seal all seams and edges in accordance with product

manufacturer’s specification. e. Stagger adjacent end-of-roll overlaps by a minimum of 6 feet. f. All membrane rolls shall be placed manually and not by means of a tractor or

automated fabric placer. Hand carts are allowed. g. The membrane shall be installed straight and wrinkle free with no curled or

uplifted edges. h. Once placed, the membrane should be immediately hand rolled onto the surface

to assure positive adhesion.


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i. The lips of drain openings and edges of open joints, deck slab, and other openings at deck level shall be completely sealed by extending the full waterproofing membrane over the lip or edge.

j. Edge of membrane shall extend up the face of closed bridge rail and curbs to

1/2 inch below the height of the overlay surface. Mastic shall be tooled to extend upward along the base of closed bridge rail or curb to a height 1/2 inch higher than the final overlay surface. At open rails terminate membrane at face of rail. Seal all flat seams and outside edge terminations of the membrane with mastic.

k. Any tears shall be patched with additional membrane, and edges of patches

sealed with mastic. Before the overlay, all membrane repairs shall be inspected before covering.

l. Wick Drains shall be placed at the face of low-side curbs extending longitudinally

to terminate at deck drains or ends of closed bridge rail. Wick drains shall be placed as shown on the plans on a thin layer of tacky mastic on top of waterproofing membrane.

7. Asphalt Overlay

a. Only rubber tired or rubber-tracked paving equipment shall be driven on the membrane.

b. Asphaltic concrete overlay shall be placed within 3 days of waterproofing membrane application.

c. A minimum of 2 inches compacted overlay thickness is required.

d. The temperature of the asphaltic concrete during placement shall be between 265 and 300°F.

e. The use of a pickup machine and the dumping of asphaltic concrete directly on the membrane are not allowed unless a placement program is submitted for approval by the Engineer that minimizes heating of the membrane prior to spreading.

f. Rollers shall be operated in static mode unless permitted by the Engineer.

g. A vibratory plate compactor shall be on site and used in areas that cannot be roller-compacted such as near the face of bridge rails.

h. Tack coat shall be applied to the membrane surface to bond the asphaltic concrete to the membrane. The rate of application shall not be less than 0.1 gal/SY. Application rate will be verified during construction.

Method of Measurement

1. The unit of payment for the Preformed Waterproofing Membrane, Type 1 is the square Yard.

a. The area receiving the membrane system will not be measured directly, but will

be plan dimension of the surface receiving the treatment.


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Basis of Payment Pay Item Pay Unit

1. Preformed Waterproofing Membrane, Type 1 Square Yard (SY) 2. Concrete roughness removal in excess of 15% of the area to be covered by

Waterproofing Membrane shall be paid for as “Extra Work”. 3. Payment is full compensation for all work prescribed in this section.

PILE JACKETS Pile jackets are used for preservation and to prevent further deterioration of piles that have been damaged by exposure to water or de-icing chemicals. Those prescribed herein shall consist of a “shell” or “sleeve” made of fiberglass reinforced plastic (FRP) that surrounds the pile leaving a space which is filled with a specially formulated grout. The FRP sleeve (split for retrofit installation) shall be a minimum of 1/8” in thickness. The jacket shall be placed around the vulnerable or damaged segment of the pile. The sleeve shall be 6’ in length or cut to a length shown in the plans and shall be positioned as shown in the plans. Proprietary products listed for use on the plans or in the project documents are in lieu of a formal definition or product description. The reference to certain products does not infer a preference nor preclude the use of products of similar configuration and suitability for the intended purpose. The configuration of a product shall not deviate from that shown in the plans or described in the contract documents, except that minor variations may be allowed by Bridge Division. Acceptable products may appear on the “Approved Products List” (APL). Product manufacturers or suppliers should contact Materials and Research Division for instructions if they wish to have their product added to the APL. The pile preservation/repair system, offered by Fox Industries and described as follows, is compliant with the requirements of this provision. This system shall consist of FX-70 Inert Corrosion Free Jackets, FX-70 Hydro Ester Epoxy Grout ( Pourable/Pumpable), FX-763 Trowel Grade Epoxy and all necessary screws, seals, etc. prescribed by the manufacturer. The SeaShield Marine Systems Series 500 pile preservation/repair system, offered by Denso, also complies with this provision. The prescribed jackets shall be used with 550 Epoxy Grout together with all associated hardware, fasteners, spacers or other components. Equivalent or upgraded components may be substituted by the manufacturer in case components are discontinued or unavailable. Installation of the chosen system shall be as prescribed by the manufacturer and as shown in the plans, as applicable. Pile repair/preservation devices shall be paid for under the pay item “PILE JACKET” by the EACH. Payment at the contract unit price shall constitute payment in full for everything necessary to provide an installed pile jacket, including materials, labor, tools, equipment and incidentals.


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TEMPORARY SUPPORT

Description

This work shall consist of designing, furnishing, erecting, and removing temporary supports for the steel girders at the Abutments. The temporary supports shall be in place during the removal of the existing bearings, abutment modification work, and installation of new bearings. This work shall also include the jacking of the girders as noted below.

Material Requirements

1. The temporary supports shall have adequate strength to withstand the forces due to the weight of the girders, concrete bridge deck, and bridge rail.

2. The temporary supports shall be designed by a Professional Engineer registered

in the State of Nebraska. 3. The calculations and temporary support plans shall bear the seal of the designer

and four copies of each shall be submitted to the Engineer before construction. These calculations and plans will be for informational purposes only. The contractor is solely responsible for the satisfactory construction and performance of the temporary supports.

Construction Methods

1. The removal of the existing girder bearings at the Abutments will necessitate the jacking of the existing girders and the temporary support of these girders until the abutment modifications and installation of the new bearings is complete. The concrete removal work on the corners of the bridge shall occur prior to the jacking of the girders.

2. Prior to beginning the raising operation, the contractor shall furnish certification to

the Engineer of the calibration and rated capacity of all jacks to be used. 3. Jacking action is to be against the girders only. Jacking against the diaphragms

will not be permitted. 4. The temporary supports shall be equipped so that they will allow slow, gradual,

and simultaneous raising and lowering of the girders. The vertical distance that the girders are jacked shall be kept to a minimum. The girders shall only be jacked upward a distance necessary to facilitate separation of the girders from the existing bearing devices. The ends of the girders shall be raised and lowered simultaneously.

5. The temporary supports shall be designed so that they will not settle or deflect. 6. Caution shall be used throughout the operation in order to prevent damage to the

existing structure. The contractor shall repair any damage that occurs to the structure due to accident/negligence or deviation from the plans or specifications. This repair, if needed, shall be done at no expense to the State.


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Method of Measurement

The temporary supports are measured by the each. Basis of Payment

1. Pay Item Pay Unit Temporary Supports Each (ea) 2. Payment is full compensation for all work prescribed in this section.

TEMPORARY SHORING

This work shall consist of designing, installing and maintaining temporary shoring at the locations shown in the plans. The Contractor will have the option of removing the shoring after completing the embankment around the culverts or leaving the shoring in place. If the shoring is removed, the Contractor will be required to compact the area according to plan compaction requirements. If the shoring is left in place, the Contractor shall remove or cut off the shoring a minimum of 2 feet (0.6 meters) below the finish grade. The temporary shoring shall be designed by a Professional Engineer registered in the State of Nebraska. The Contractor shall submit 3 copies of the shoring plans and computations to the NDOT, for information only. The NDOT receipt of the shop plans does not relieve the Contractor of any liability. The design of the temporary shoring shown in the plans is for information only. Temporary Shoring shall be paid for as a lump sum for the item “Temporary Shoring at ____”. This price shall be considered full compensation for all work described in this provision.


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SEEDING

Subsection 801.02 in the Standard Specifications is amended to include the following:

Type “B” Minimum

Purity

Broadcast

Application Rate in lb. of Pure Live

Seed/Acre

Approved Mechanical Drill

Application Rate in lb. of Pure Live

Seed/Acre Perennial ryegrass – Linn, Norlea, Amazon 85 8 Western wheatgrass – Flintlock, Barton 85 5 Slender wheatgrass 85 5 Kentucky fescue 85 8 Red fescue (Festuca rubra) 85 5 Blue grama – NE, KS, SD, CO, MN 30 2 Buffalograss – Sharp’s Improved, Cody, Bison, Texoka

80 5

Inland saltgrass (Distichlis spicata) 75 0.6 Sand dropseed (Sporobolus cryptandrus) 90 0.4 Oats/wheat* 90 17

*wheat in the fall All seeds shall be origin Nebraska, adjoining states, or as specified. A contractor proposing to use a substitute variety or origin shall submit for the Engineer’s consideration a seed tag representing the seed, which shows the variety, origin and analysis of the seed. Rate of application of commercial inorganic fertilizer shall be: Rate of Application per

Acre (Minimum) Available Nitrogen (N2) 19 or 36 lbs.

Available Phosphoric Acid (P2O5) 92 or 96 lbs.

Rate of application of granular sulphur coated urea fertilizer shall be: Nitrogen (Total Available) 0 lbs.

The contractor may, at his option, apply granular urea formaldehyde in lieu of the sulphur coated urea fertilizer at the following rate: Nitrogen (Total Available) 0 lbs.


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EROSION CONTROL Subsection 810.02 is amended to include the following:

Minimum Purity (%)

Application rate in lb. of Pure Live Seed/1000 yd.²

Virginia wildrye – Omaha, Nebraska or Iowa native

85 1

Perennial ryegrass – Linn, Norlea, Amazon 85 1.25

Slender wheatgrass 85 1

Kentucky fescue 85 1

Switchgrass (Blackwell, Cave-in-Rock, Nebraska-28, Pathfinder, Trailblazer)

90 0.5

Sideoats grama – Butte, El Reno, Trailway 75 0.75

Prairie cordgrass (Spartina pectinata) 75 0.15

Big bluestem – Pawnee, Roundtree, Bonanza, Kaw, Champ 60 0.75

Sand dropseed (Sporobolus cryptandrus) 85 0.06

Grayhead coneflower (Ratibida pinnata) 85 0.03

Blue flax (Linum lewisii) 85 0.25

Oats/Wheat (wheat in the fall) 90 5

All seeds shall be origin Nebraska, adjoining states, or as specified. A Contractor proposing to use a substitute variety or origin shall submit for the Engineer’s consideration a seed tag representing the seed, which shows the variety, origin and analysis of the seed. Rate of application of inorganic fertilizer shall be:

Rate of Application

Per 1000 yd.² (Min.)

Available Nitrogen (N2) ------------------------------ 4 or 9 lb.

Available Phosphoric Acid (P2O5) ----------------- 23 or 24 lb.

Rate of application of granular sulphur coated urea fertilizer or urea-formaldehyde fertilizer shall be:

Rate of Application

Per 1000 yd.² (Min.)

Nitrogen (Total Available) --------------------------- 0 lb.


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COVERCROP SEEDING

(8-6-1217) Paragraph 3. of Subsection 802.02 in the Standard Specifications is void and superseded by the following: Fertilizer is not required for covercrop seeding. Paragraph 6. of Subsection 802.03 is void.

TEMPORARY SEEDING (8-7-1217)

Paragraph 3. of Subsection 803.02 in the Standard Specifications is void and superseded by the following: Fertilizer is not required for temporary seeding. Paragraph 6. of Subsection 803.03 is void.

GUARDRAIL END TREATMENT, TYPE II (9-2-1217)

Section 902 in the Standard Specifications is amended to include “Guardrail End Treatment, Type II”. This work consists of furnishing and installing a guardrail end treatment system according to the details and at the locations shown in the plans. The Contractor has the option of installing one of the following systems which meet NCHRP 350 or MASH TL-3:

1.) SRT-31 Manufactured by Trinity Industries, Inc. 2525 N. Stemmons Freeway Dallas, TX 75207 (800) 644-7976

2.) FLEAT-SP-MGS Manufactured by Road Systems, Inc. 3616 Old Howard County Airport Big Springs, TX 79720 (915) 263-2435

3.) X-LITE (Flared) Manufactured by Lindsay Manufacturing 505 Crown Point Ave. Omaha, NE 68110 (402) 210-4593


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The lengths of manufacturers’ end treatments vary; the Contractor must install a total length of 53’-1.5”, including the end treatment, to last post with curved end or rectangular “head” beyond the last post. The additional length required will be W-beam guardrail with the Midwest Guardrail System 31” design. The Contractor will be required to furnish two sets of shop plans to the Department of the system to be installed. The guardrail end treatment shall be installed in accordance with the recommendations of the manufacturer. Payment shall be full compensation for all work required to provide and install the system.

IMPACT ATTENUATOR SYSTEM Paragraph 17. of Subsection 422.03 in the Standard Specifications is void and superseded by the following:

The Contractor shall furnish and install impact attenuator systems at the locations shown in the plans. The systems shall meet NCHRP 350 or MASH standards for test-level 2 (TL-2). The systems shall be non-gating redirective crash cushions.

Approved Impact Attenuator Systems are shown on the NDOT “Approved Products List.” The system shall be furnished and installed as specified by the manufacturer. The system installation Contractor shall certify, in a letter to the Engineer, that the system was installed correctly. Along with the certification, the Contractor shall send maintenance instructions for the installed system. The item “Impact Attenuator” shall be measured by the each and shall include furnishing and installing the impact attenuator system and any attachment materials, including foundations, barrier transition sections, replacement parts to restore the impact attenuator system to working order after one head-on impact, the certification letter and the maintenance instructions.

GRANULAR SUBDRAINS

Subsection 915.02 of the Standard Specifications is void and superseded by the following: Aggregate that is used in granular subdrains shall consist of crushed gravel or crushed rock and shall conform to the requirements of Paragraphs 1. and 2. of Subsection 1033.02. Crushed gravel shall have a fine aggregate angularity value of 43.0 or greater. The specific gravity for calculation of the Fine Aggregate Angularity (FAA) shall be determined on a combined aggregate sample of the material passing the No. 8 (2.36 mm) sieve and retained on the No. 100 (150 µm) sieve as defined in AASHTO T 304 Method A, except the specific gravity material shall be washed over the No. 100 (150 µm) sieve. Gravel aggregate shall have a soundness loss of not more than 12 percent by weight at the end of 5 cycles using sodium sulfate solution.


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Crushed rock shall conform to the requirements of paragraph 6.f. of Subsection 1033.02. Crushed rock shall have a percentage loss of not more than 14 at the end of 16 cycles of the freezing and thawing test. The crushed gravel or crushed rock shall meet the following gradation requirements.

Granular Subdrains Gradation Requirements Sieve Size Target Value Tolerance (Percent Passing) 1 inch 100 0 No. 4 40 ±20 No. 10 15 ±15 No. 200 4 ±4

Paragraph 5.of Subsection 915.03 of the Standard Specifications is void and superseded by the following: Excavated material shall become the property of the Contractor and removed from the project or used for shoulder construction on the project. Granular Subdrains will be installed prior to the asphalt concrete shoulder overlay. Asphaltic Concrete Type SPS shall be used to replace the existing asphaltic shoulder material that is removed for the granular subdrain. All trenched areas shall be filled with aggregate and asphalt concrete by the end of that days’ work. Traffic will not be permitted to travel next to these trenched areas until the trench has been filled to top of the existing adjacent surfacing. Following Earth Shoulder Construction additional work will be required to daylight previously installed drains and to install granular material up to the existing earth shoulder elevation. Asphaltic Concrete used for the granular subdrains shall not be measured and paid for but shall be considered subsidiary to the item “Granular Subdrains”.

PERFORMANCE GRADED BINDER The Performance Graded Binder to be used on this project shall be PG Binder 58S-34 for Asphaltic Concrete, Type SPS and PG Binder 58H-34 for Asphaltic Concrete, Type SPR supplied by a Certified Supplier.


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HYDRATED LIME FOR ASPHALT MIXTURES (10-3-1217)

1. General

Hydrated lime will be added to all aggregates (at the Contractor’s option, limestone may be excluded) used for asphalt mixtures except Asphaltic Concrete used for Temporary Surfacing, and Asphaltic Concrete Type SPS, and SPL. Hydrated lime will be added to pre-moistened aggregates whether it is used directly into the mix or stockpiled for marinating purposes. The application of moisture and hydrated lime to the aggregates along with equipment calibration and procedures to prevent any "dusting" shall be documented and approved in the Contractor's Quality Control (QC) Plan.

2. Material Requirements

The lime shall meet the chemical and physical properties defined in AASHTO M 303 for Type I - High calcium-hydrated lime, or meet the requirements of ASTM 1097 for Type S Hydrated Lime.

The hydrated lime being used, whether for mix design or plant mix production, shall be stored in an enclosed container and must be used within 90 days. Stockpiles marinating shall also be used within 90 days. Lime that is stored over 90 days in a protected storage silo environment may be submitted for chemical analysis to verify that it meets the specification for use in the mix.

Water shall conform to the requirements of Section 1005.

3. Construction

Prior to the addition of hydrated lime the aggregates shall have a minimum moisture content of 3% by weight of aggregate. The surface of the aggregate shall be uniformly dampened by water.

If additional moisture is required it shall be added at the entry end of an enclosed pug mill mixer and prior to the addition of hydrated lime.

Hydrated Lime shall be added at a rate of 1.25 percent by weight of virgin aggregate, including the weight of the limestone.

4. Equipment

The addition of lime shall be plant controlled, and blended with an enclosed twin-shaft pug mill with a production capacity rating that exceeds the aggregate feed rate. It shall be capable of effective mixing in the full range of asphaltic concrete production rates.

The pug mill set up shall be located in the system at a location where the mixed material can be readily inspected on a belt prior to entry into the drum.

The pug mill shall be designed such that the mixture of aggregate and hydrated lime is moved in a near horizontal direction (within 20 degrees of horizontal) by the mixing paddles without the aid of conveyor belts for a distance of at least three feet (900 mm).


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Mixing devices which permit the mixture of aggregate and hydrated lime to fall through the mixing blades onto a belt or chute are not acceptable.

A positive signal system and a limit switch device shall be installed in the plant at the point of introduction of the hydrated lime. The positive signal system shall be placed between a metering device and the drum plant, and utilized during production whereby an alarm is activated; alerting the plant that the hydrated lime is not being introduced into the mixture.

The hydrated lime storage silo shall have enough capacity for continuous production. The silo shall be replenished by pneumatic delivery from road tankers at a pressure that will not create dusting. Hydrated lime will be dispensed from the silo into the pug mill by a conventional vane feeder or a load cell pod system.

The mechanism for adding moisture to the aggregate will be configured and located to insure that all virgin aggregate is uniformly coated with moisture prior to the lime application.

5. Sampling and Testing

Hydrated lime shall be certified by the supplier stating its compliance to the specifications. A physical inventory of hydrated lime usage will be required during mix production. A daily silo inventory, noting "beginning weight", "weight added during the day’s production", and “end of day weight”, will be recorded and made available for review by the Engineer. When a weigh pod system is used, an accumulative accounting method shall be used to calculate and review lime addition rates throughout production. When calculations indicate a hydrated lime usage of ±0.15 percent from the design percentage the Contractor shall assume the responsibility to cease production and recalibrate the system prior to resuming mix production. Any asphaltic concrete placed having 0.15 percent below the design percentage shall be removed and replaced at no cost. The percent of moisture shall be determined and documented: 1) from belt samples or 2) from stockpile samples, a minimum of once per day.

6. Mixture QC and Verification Testing

During an ignition oven burn off, lime will combine with the sulfur in the binder and produce ash. Therefore, when mix containing hydrated lime is being designed and produced a correction factor to the ignition oven burn off result of +0.30% shall be used. This correction factor shall be added to the ignition oven binder content reading in order for the actual binder content to be determined.

7. Method of Measurement:

Hydrated Lime shall be measured for payment by the unit of each for each ton of hot mix asphalt used and incorporated into the project, or for State Maintenance Patching. Water applied shall not be measured and paid for but shall be considered subsidiary to the item "Hydrated Lime/Warm Mix Asphalt".


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8. Basis of Payment:

Lime, measured as provided herein and incorporated into the project, shall be paid for at the contract unit price per each for the item "Hydrated Lime/Warm Mix Asphalt". Lime measured as provided herein and used for State Maintenance Patching shall be paid for at the contract unit price per each for the item “Hydrated Lime/Warm Mix Asphalt for State Maintenance Patching”. This price shall be full compensation for furnishing, delivering, hauling, storing, all labor, equipment, tools and incidentals necessary to complete the work.

HYDRATED LIME SLURRY FOR ASPHALT MIXTURES (10-3-1217)

1. General — The Contractor will have the option of using Hydrated Lime Slurry For

Asphalt Mixtures or Hydrated Lime For Asphalt Mixtures. Hydrated lime slurry will be added to all aggregates (at the Contractor’s option, limestone may be excluded) used for asphalt mixtures except Asphaltic Concrete used for Temporary Surfacing, and Asphaltic Concrete Type SPS and SPL. Hydrated lime slurry will be added to aggregates whether it is used directly into the mix or stockpiled for marinating purposes. The application of hydrated lime slurry to the aggregates along with equipment calibration and procedures shall be documented and approved in the Contractor's Quality Control (QC) Plan.

2. Material Requirements — The lime shall meet the chemical and physical properties

defined in AASHTO M 303 for Type I - High calcium-hydrated lime, or meet the requirements of ASTM 1097 for Type S Hydrated Lime.

The dry hydrated lime being used, whether for mix design or plant mix production, shall be stored in an enclosed container and must be used within 90 days. Stockpiles marinating shall also be used within 90 days. Hydrated lime (dry or slurry) that is stored over 90 days in a protected storage silo or slurry tank may be submitted for chemical analysis to verify that it meets the specification for use in the mix. Water shall conform to the requirements of Section 1005.

3. Construction — Hydrated Lime shall be added at a rate of 1.25 percent by weight of virgin aggregate, including the weight of the limestone.

4. Equipment — The addition of lime shall be plant controlled, and blended with an

enclosed twin-shaft pug mill with a production capacity rating that exceeds the aggregate feed rate. It shall be capable of effective mixing in the full range of asphaltic concrete production rates.

The pug mill set up shall be located in the system at a location where the mixed material can be readily inspected on a belt prior to entry into the drum. The pug mill shall be designed such that the mixture of aggregate and hydrated lime is moved in a near horizontal direction (within 20 degrees of horizontal) by the mixing paddles without the aid of conveyor belts for a distance of at least three feet (900 mm).


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Mixing devices which permit the mixture of aggregate and hydrated lime to fall through the mixing blades onto a belt or chute are not acceptable. A positive signal system and a limit switch device shall be installed in the plant at the point of introduction of the hydrated lime. The positive signal system shall be placed between a metering device and the drum plant, and utilized during production whereby an alarm is activated; alerting the plant that the hydrated lime is not being introduced into the mixture. A minimum of two hydrated lime slurry tanks shall be used for blending and supply. Slurry shall be drawn for production from only one tank at a time. The hydrated lime slurry tanks shall have enough capacity for continuous production. Hydrated lime slurry shall be dispensed from a slurry tank into the pug mill by a pressure regulated spray system having an electronic flow measurement system that has been calibrated to insure the proper application rates will be provided. Certificate of Calibration for the spray bar system should be provided by the Contractor with the calibration being performed by a third party every 12 months (minimum) or at the Engineer’s request. The electronic flow measurement system shall automatically record the flow rate of the lime slurry being fed to the pug mill. The data recorder system shall be capable of recording the flow rate (in gallons per minute) at intervals of not more than 5 minutes and shall have the capability of calculating the volume of lime slurry used each day, from each slurry tank, and shall be capable of printing a summary of the daily lime slurry usage for each tank. This printout of the daily lime slurry volumes shall be presented to the NDOT representative at the end of each day’s production.

5. Blending and Supply Hydrated Lime Slurry — The Contractor shall determine the

target hydrated lime slurry concentration (percent solids) that will be used to produce the asphalt mixture. This target concentration value shall be provided to the Engineer prior to production of the asphalt mixture and shall not be less than 30 percent. The target concentration value shall not be modified without the approval of the Engineer. It is the Contractors responsibility to control the concentration of the hydrated lime slurry.

Only valid weights of dry hydrated lime shall be added to the required quantity of water to provide uniform hydrated lime slurry having a dry solids content within ±0.5 percent of the Contractor’s target value. Water or dry hydrated lime shall not be added to a tank that is actively supplying hydrated lime slurry to the pug mill. Hydrated lime slurry shall not be drawn from a tank that is not completely blended in accordance with the manufacturer’s recommendations. The hydrated lime slurry in the active supply tank shall be agitated prior to and during production in accordance with the manufacturer’s recommendations. Dry hydrated lime shall be transferred at a pressure that will not create dusting.

5.1 If individual hydrated lime slurry tanks are dedicated to only blending or supply,

then thoroughly mixed hydrated lime slurry may be added from the blending tank(s) to the supply tank during production, provided the concentrations are within ±0.5 percent.


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5.2 If the hydrated lime slurry tanks are used for both blending and supply, the tanks

shall be plumbed such that hydrated lime slurry can be supplied to the pug mill from any of the blending/supply tanks without disruption of the slurry supply.

6. Sampling and Testing — Hydrated lime shall be certified by the supplier stating its

compliance to the specifications.

The concentration of the lime slurry shall be controlled within ±0.5 percent of the target hydrated lime slurry concentration (percent solids). The concentration of the hydrated lime shall be determined in accordance with Section 6.1. It is the Contractor’s responsibility to halt production to make adjustments when the concentrations fall out of compliance. The concentration of the lime slurry shall be determined and recorded by the Contractor immediately following blending each batch of lime slurry for the project. These records shall include date and time of test, sample collection information, and the unit weight, temperature and concentration of slurry. These records shall be made available to the Engineer upon request.

A physical inventory of hydrated lime usage will be required during mix production. This inventory shall be used to verify the lime application rate, and for payment of the hydrated lime. The concentration of the lime slurry shall be determined and recorded by the Contractor at the beginning and at approximately the mid-point of each day’s production. The hydrated lime slurry samples shall be collected from the supply line leading to the pug mill. These records shall include date and time of test, sample collection information, and the unit weight, temperature and concentration of slurry. These records shall be presented to the NDOT representative at the end of each day’s production. When calculations indicate that the application rate of “dry” hydrated lime to the aggregate is ±0.15 percent from the design percentage the Contractor shall assume the responsibility to cease production and recalibrate the system prior to resuming mix production. Any asphaltic concrete placed having a “dry” hydrated lime application rate (applied to aggregate) of 0.15 percent below the design percentage shall be removed and replaced at no cost.

6.1 The Contractor shall determine the solids content (concentration) of the hydrated

lime slurry using Table 1, Table 2 and the Slurry Worksheet. The Contractor shall provide and use the standard weight per 83.205-ml Gardner cup meeting the requirements of ASTM D 244.

After a batch of lime slurry has been produced, use the following procedures to verify that the intended percent solids have been achieved.

1. Fill a quart container 3/4 full with lime slurry. Samples can be taken from

ports located at either end of the vessel. Do not use glass. 2. Weigh a dry, empty Gardner (WPG) cup and cover to the nearest 0.01 of

a gram. Record this weight. 3. Shake the lime slurry sample well. Immediately fill the WPG cup.


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4. Tap the WPG cup lightly on an immovable object to allow for the escape

of air bubbles. 5. Slowly turn the cap of the WPG cup until it is completely seated. If the

cover is pushed on quickly, lime slurry will squirt out through the hole in the center. Be sure to point the top of the WPG away from you (or others) while putting on the cap.

6. Hold the WPG cup by the top and bottom with thumb and forefinger. Be

sure to cover the hole in the cap. 7. Rinse the WPG cup under running water to remove any lime from the

outside of the cup. 8. Dry the outside of the cup thoroughly. 9. Weigh the dry, filled WPG cup to the nearest 0.01 of a gram. Record this

weight. 10. Promptly remove the cover, insert thermometer and record the

temperature. 11. Subtract the empty cup weight (from step 2) from the filled cup weight

(step 9) and record the difference. 12. Multiply the difference by 0.1. This number is the density (lbs./gallon) of

the lime slurry. Record this number. 13. Look up the temperature correction in Table 2 and record the value. 14. Multiply the slurry density times the temperature correction value. This is

the adjusted slurry density. Record the adjusted slurry density on the slurry worksheet.

15. Find the nearest density to that recorded above on the “Slurry Solids

Chart” on Table 1, Slurry Solids Chart - 24 degrees C. The corresponding number is the percent solids (concentration) of the lime slurry sample. Record on worksheet.

7. Mixture QC and Verification Testing — During an ignition oven burn off, lime will

combine with the sulfur in the binder and produce ash. Therefore, when mix containing hydrated lime is being designed and produced a correction factor to the ignition oven burn off result of +0.30% shall be used. This correction factor shall be added to the ignition oven binder content reading in order for the actual binder content to be determined.

8. Method of Measurement — Hydrated Lime shall be measured for payment by the unit

of each for each ton of hot mix asphalt used and incorporated into the project, or for State Maintenance Patching.


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Water applied shall not be measured and paid for but shall be considered subsidiary to the item "Hydrated Lime/Warm Mix Asphalt".

9. Basis of Payment — Lime, measured as provided herein and incorporated into the

project, shall be paid for at the contract unit price per each for the item "Hydrated Lime/Warm Mix Asphalt". Lime measured as provided herein and used for State Maintenance Patching shall be paid for at the contract unit price per each for the item “Hydrated Lime/Warm Mix Asphalt for State Maintenance Patching”. This price shall be full compensation for furnishing, delivering, hauling, storing, all labor, equipment, tools and incidentals necessary to complete the work.


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Table 1, Page 1 Slurry Solids Chart – 24°C

Density lbs./gal.

Slurry Solids

% Density lbs./gal.

Slurry Solids

% Density lbs./gal.

Slurry Solids

% Density lbs./gal.

Slurry Solids

% 9.108 15.1 9.402 20.1 9.715 25.1 10.050 30.1 9.114 15.2 9.406 20.2 9.722 25.2 10.057 30.2 9.120 15.3 9.414 20.3 9.728 25.3 10.064 30.3 9.128 15.4 9.420 20.4 9.735 25.4 10.071 30.4 9.131 15.5 9.426 20.5 9.741 25.5 10.078 30.5 9.137 15.6 9.433 20.6 9.748 25.6 10.085 30.6 9.143 15.7 9.439 20.7 9.755 25.7 10.092 30.7 9.148 15.8 9.445 20.8 9.761 25.8 10.099 30.8 9.154 15.9 9.451 20.9 9.768 25.9 10.106 30.9 9.160 16.0 9.457 21.0 9.774 26.0 10.113 31.0 9.166 16.1 9.463 21.1 9.781 26.1 10.120 31.1 9.171 16.2 9.469 21.2 9.787 26.2 10.127 31.2 9.177 16.3 9.476 21.3 9.794 26.3 10.134 31.3 9.183 16.4 9.482 21.4 9.800 26.4 10.141 31.4 9.189 16.5 9.488 21.5 9.807 26.5 10.148 31.5 9.195 16.6 9.494 21.6 9.814 26.6 10.155 31.6 9.200 16.7 9.500 21.7 9.820 26.7 10.163 31.7 9.206 16.8 9.506 21.8 9.827 26.8 10.170 31.8 9.212 16.9 9.513 21.9 9.833 26.9 10.177 31.9 9.218 17.0 9.519 22.0 9.840 27.0 10.184 32.0 9.224 17.1 9.525 22.1 9.847 27.1 10.191 32.1 9.230 17.2 9.531 22.2 9.853 27.2 10.198 32.2 9.235 17.3 9.538 22.3 9.860 27.3 10.205 32.3 9.241 17.4 9.544 22.4 9.867 27.4 10.212 32.4 9.247 17.5 9.550 22.5 9.873 27.5 10.220 32.5 9.253 17.6 9.556 22.6 9.880 27.6 10.227 32.6 9.259 17.7 9.563 22.7 9.887 27.7 10.234 32.7 9.265 17.8 9.569 22.8 9.894 27.8 10.241 32.8 9.271 17.9 9.575 22.9 9.900 27.9 10.248 32.9 9.277 18.0 9.581 23.0 9.907 28.0 10.255 33.0 9.282 18.1 9.588 23.1 9.914 28.1 10.263 33.1 9.288 18.2 9.594 23.2 9.920 28.2 10.270 33.2 9.294 18.3 9.600 23.3 9.927 28.3 10.277 33.3 9.300 18.4 9.607 23.4 9.934 28.4 10.284 33.4 9.306 18.5 9.613 23.5 9.941 28.5 10.292 33.5 9.312 18.6 9.619 23.6 2.948 28.6 10.299 33.6 9.318 18.7 9.626 23.7 9.954 28.7 10.306 33.7 9.324 18.8 9.632 23.8 9.961 28.8 10.314 33.8 9.330 18.9 9.638 23.9 9.968 28.9 10.321 33.9 9.336 19.0 9.645 24.0 9.975 29.0 10.328 34.0 9.342 19.1 9.651 24.1 9.982 29.1 10.335 34.1 9.348 19.2 9.658 24.2 9.988 29.2 10.343 34.2 9.354 19.3 9.664 24.3 9.995 29.3 10.350 34.3 9.360 19.4 9.670 24.4 10.002 29.4 10.358 34.4 9.366 19.5 9.677 24.5 10.009 29.5 10.365 34.5 9.372 19.6 9.683 24.6 10.016 29.6 10.372 34.6 9.378 19.7 9.690 24.7 10.023 29.7 10.380 34.7 9.384 19.8 9.696 24.8 10.030 29.8 10.387 34.8 9.390 19.9 9.703 24.9 10.037 29.9 10.394 34.9 9.396 20.0 9.709 25.0 10.044 30.0 10.402 35.0


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Table 1, Page 2 Slurry Solids Chart – 24°C

Density lbs./gal.

Slurry Solids

% Density lbs./gal.

Slurry Solids

% Density lbs./gal.

Slurry Solids

% Density lbs./gal.

Slurry Solids

% 10.409 35.1 10.795 40.1 11.210 45.1 11.658 50.1 10.417 35.2 10.803 40.2 11.218 45.2 11.667 50.2 10.424 35.3 10.811 40.3 11.227 45.3 11.677 50.3 10.432 35.4 10.819 40.4 11.236 45.4 11.686 50.4 10.439 35.5 10.827 40.5 11.244 45.5 11.695 50.5 10.447 35.6 10.835 40.6 11.253 45.6 11.705 50.6 10.454 35.7 10.843 40.7 11.262 45.7 11.714 50.7 10.462 35.8 10.851 40.8 11.270 45.8 11.724 50.8 10.469 35.9 10.859 40.9 11.279 45.9 11.733 50.9 10.477 36.0 10.867 41.0 11.288 46.0 11.743 51.0 10.484 36.1 10.875 41.1 11.297 46.1 11.752 51.1 10.492 36.2 10.883 41.2 11.305 46.2 11.762 51.2 10.499 36.3 10.892 41.3 11.314 46.3 11.771 51.3 10.507 36.4 10.900 41.4 11.323 46.4 11.781 51.4 10.514 36.5 10.908 41.5 11.332 46.5 11.790 51.5 10.522 36.6 10.916 41.6 11.341 46.6 11.800 51.6 10.530 36.7 10.924 41.7 11.349 46.7 11.809 51.7 10.537 36.8 10.932 41.8 11.358 46.8 11.819 51.8 10.545 36.9 10.941 41.9 11.367 46.9 11.828 51.9 10.552 37.0 10.949 42.0 11.376 47.0 11.838 52.0 10.560 37.1 10.957 42.1 11.385 47.1 11.848 52.1 10.568 37.2 10.965 42.2 11.394 47.2 11.857 52.2 10.575 37.3 10.974 42.3 11.403 47.3 11.867 52.3 10.583 37.4 10.982 42.4 11.412 47.4 11.877 52.4 10.591 37.5 10.990 42.5 11.421 47.5 11.886 52.5 10.599 37.6 10.998 42.6 11.430 47.6 11.896 52.6 10.606 37.7 11.007 42.7 11.439 47.7 11.906 52.7 10.614 37.8 11.015 42.8 11.447 47.8 11.915 52.8 10.622 37.9 11.023 42.9 11.456 47.9 11.925 52.9 10.629 38.0 11.032 43.0 11.465 48.0 11.935 53.0 10.637 38.1 11.040 43.1 11.475 48.1 11.945 53.1 10.645 38.2 11.048 43.2 11.484 48.2 11.954 53.2 10.653 38.3 11.057 43.3 11.493 48.3 11.964 53.3 10.661 38.4 11.065 43.4 11.502 48.4 11.974 53.4 10.668 38.5 11.074 43.5 11.511 48.5 11.984 53.5 10.676 38.6 11.082 43.6 11.520 48.6 11.994 53.6 10.684 38.7 11.090 43.7 11.529 48.7 12.004 53.7 10.692 38.8 11.099 43.8 11.538 48.8 12.014 53.8 10.700 38.9 11.107 43.9 11.547 48.9 12.023 53.9 10.707 39.0 11.116 44.0 11.556 49.0 12.033 54.0 10.715 39.1 11.124 44.1 11.566 49.1 12.043 54.1 10.723 39.2 11.133 44.2 11.575 49.2 12.053 54.2 10.731 39.3 11.141 44.3 11.584 49.3 12.063 54.3 10.739 39.4 11.150 44.4 11.593 49.4 12.073 54.4 10.747 39.5 11.158 44.5 11.602 49.5 12.083 54.5 10.755 39.6 11.167 44.6 11.612 49.6 12.093 54.6 10.763 39.7 11.175 44.7 11.621 49.7 12.103 54.7 10.771 39.8 11.184 44.8 11.630 49.8 12.113 54.8 10.779 39.9 11.193 44.9 11.639 49.9 12.123 54.9 10.787 40.0 11.201 45.0 11.649 50.0 12.134 55.0


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Table 2 Correction Factor to Adjust Slurry Densities for Temperature

Temp (C) Factor Temp (C) Factor 20 0.99927 61 1.01176 21 0.99944 62 1.01218 22 0.99962 63 1.01262 23 0.99981 64 1.01305 24 1.00000 65 1.01349 25 1.00002 66 1.01394 26 1.00041 67 1.01439 27 1.00063 68 1.01485 28 1.00085 69 1.01531 29 1.00109 70 1.01578 30 1.00132 71 1.01626 31 1.00157 72 1.01673 32 1.00182 73 1.01722 33 1.00208 74 1.01770 34 1.00234 75 1.01820 35 1.00261 76 1.01870 36 1.00289 77 1.01920 37 1.00318 78 1.01971 38 1.00347 79 1.02022 39 1.00376 80 1.02074 40 1.00407 81 1.02126 41 1.00438 82 1.02179 42 1.00469 83 1.02232 43 1.00501 84 1.02286 44 1.00534 85 1.02341 45 1.00567 86 1.02395 46 1.00601 87 1.02451 47 1.00635 88 1.02506 48 1.00670 89 1.02563 49 1.00706 90 1.02619 50 1.00742 91 1.02677 51 1.00779 92 1.02734 52 1.00816 93 1.02793 53 1.00854 94 1.02851 54 1.00892 95 1.02911 55 1.00931 96 1.02970 56 1.00970 97 1.03031 57 1.01010 98 1.03091 58 1.01051 99 1.03152 59 1.01092 100 1.03214 60 1.01134 101 1.03276


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INCENTIVE PAYMENT FOR THE USE OF RECYCLED ASPHALTIC PAVEMENT

(RAP) FOR ASPHALTIC MIXTURES (10-7-1217)

General This specification establishes a standard method for paying an incentive to use Recycled Asphaltic Pavement (RAP) in asphalt mixture types: SPH, SPS, SPR, SRM, SLX and LC. The intent of this specification is to provide an incentive for incorporating as much RAP into the asphalt mixtures as allowed by the respective mixture’s specification. Method of Measurement 1. The RAP Incentive Payment shall be based on the actual total of asphalt production for

the entire project. A RAP Incentive Payment shall be calculated for each eligible asphaltic concrete type.

2. The following formula will be used to calculate the “RAP Incentive Factor”. RAP Incentive Factor = [(A-B) ÷ 100] x C x D Where:

A = State’s Established Percent Binder – based on gradation band. B = Actual Percentage of Binder – added to asphaltic mixture. C = Unit Bid price of Binder D = RAP Pay Factor

3. The State’s established percent binder values (‘A’ values) are as follows:

Asphaltic Concrete Types ‘A’ Value

SPH having 0.500-inch grading band 5.2% Binder

SPS, SPL, SPR and SPR (Fine) 5.2% Binder

SLX 5.5% Binder

SPH having 0.375-inch grading band 5.8% Binder

LC 6.2% Binder

SRM 4.8% Binder

Incentive payments will be made for only the mix types list in this table. 4. The actual percentage of binder added to the particular asphaltic mixture (‘B’ value) shall

be calculated as follows:

B = (Actual Pay Tons of Binder ÷ Actual Pay Tons of Asphaltic Concrete) x 100 5. The Unit Bid Price of Binder (‘C’ value) is the established contract price for the

performance graded binder type used to produce the mix for which the incentive is being calculated.


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6. The RAP Pay Factor (‘D’ value) shall be as follows:

RAP Source ‘D’ Value

Contractor supplied RAP 0.50

State supplied RAP coming from an OFF-project source 0.35

* RAP coming from an ON-project source 0.15

* RAP coming from an ON-project source shall be completely utilized before allowing RAP from any other source to be used in the asphalt production. An ON-project source shall be considered any asphaltic material removed on the project.

7. Contractor supplied RAP and RAP supplied from either off-project or on-project sources

shall be stored, handled and used separately. Incentive payments for RAP from these three source types shall be paid separately. The Contractor may propose a RAP consumption plan that will use multiple RAP sources concurrently and will follow the utilization hierarchy (as detailed above) upon the completion of the project.

8. The Contractor has sole responsibility for determining the quality, quantity, and

uniformity of the RAP material. The maintenance of any stockpiles and processing of the RAP material shall also be the sole responsibility of the Contractor.

Basis of Payment 1. Pay Item Pay Unit RAP Incentive Payment ____ Each (ea) 2. The overall RAP Incentive Payments shall be full compensation for all RAP materials

and all hauling, handling and processing necessary to complete the work described in this section.

3. The overall RAP Incentive Payments – for each eligible mix type and/or RAP source –

shall be the RAP Incentive Factor multiplied by the total accepted tons of asphaltic concrete in which the RAP was incorporated.

4. RAP Incentive Payment is paid for as an “established” contract unit price which is shown

in the bid proposal “Schedule of Items”. 5. The actual quantity for RAP Incentive Payment will be calculated based on the Method

of Measurement stated above in this provision.

BITUMINOUS LIQUID COMPOUNDS FOR CURING CONCRETE (10-8-1217)

Subsection 1013.02 in the Standard Specifications is amended to include the following:

2. The Contractor has the option of using bituminous tack coat. The tack coat shall conform to all requirements of Section 504.


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TIMBER AND LUMBER

(10-9-1217) Paragraph 2.b. of Subsection 1075.02 in the Standard Specifications is amended to include the following:

Minimum retentions for all timber and lumber shall conform to Use Category UC4C. Minimum retentions for fence posts shall conform to Use Category UC4A.

PROPOSAL GUARANTY (1-37-1217)

As an evidence of good faith in submitting a bid for this work, the bidder shall indicate the type of bid bond applied to this project in accordance with Subsection 102.14 of the Standard Specifications. 100INFDEC17


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INDEX

ACCEPTANCE TESTING OF SOILS BY USE OF THE LIGHT WEIGHT DEFLECTOMETER

(LWD) SCOPE ........................................................................................................................ 85 ASPHALTIC CONCRETE PLACEMENT ................................................................................... 98 BACKFILLING CULVERTS ..................................................................................................... 111 BITUMINOUS LIQUID COMPOUNDS FOR CURING CONCRETE ........................................ 137 BRIDGE DECK CRACK SEALING .......................................................................................... 102 BRIDGE DECK REPAIR AND BRIDGE APPROACH REPAIR .............................................. 106 BRIDGE END PROTECTION ..................................................................................................... 90 BRIDGE JOINT NOSING ......................................................................................................... 103 COLD MILLING CLASS 3, COLD MILLING CLASS 3 TYPE A, COLD MILLING CLASS 4, &

COLD MILLING CLASS 5 ...................................................................................................... 95 COLD MILLING CLASS 4

(Approximately Station 1391+00) ................................................................................................... 95 CONCRETE BRIDGE DECK/APPROACH REPAIR

WITH CLASS 47BD 4000 CONCRETE ........................................................................................ 106 CONCRETE CONSTRUCTION ................................................................................................ 101 CONCRETE PAVEMENT REPAIR ............................................................................................ 99 CONCRETE PAVEMENT REPAIRS

(Station 1391+18 to 1392+95) ........................................................................................................ 100 CONCRETE PROTECTION BARRIERS ................................................................................... 90 CONCRETE SURFACE MILLING .............................................................................................. 95 CONSTRUCTION DETAILS ....................................................................................................... 71 CONSTRUCTION METHODS .................................................................................................... 72 CONSTRUCTION STORMWATER MANAGEMENT CONTROL .............................................. 71 COVERCROP SEEDING .......................................................................................................... 122 ENVIRONMENTAL COMMITMENT ........................................................................................... 18 ENVIRONMENTAL COMMITMENT DOCUMENT ..................................................................... 74 ENVIRONMENTAL COMMITMENT ENFORCEMENT .............................................................. 77 EROSION CONTROL ............................................................................................................... 121 FLOODPLAIN PERMIT .............................................................................................................. 55 GENERAL CONDITIONS ............................................................................................................. 6 GRANULAR SUBDRAINS ....................................................................................................... 123 GRAVEL EMBEDMENT ............................................................................................................. 88 GUARDRAIL END TREATMENT, TYPE II .............................................................................. 122 HAZARDOUS MATERIALS MANAGEMENT ............................................................................ 82 HYDRATED LIME FOR ASPHALT MIXTURES ...................................................................... 125 HYDRATED LIME SLURRY FOR ASPHALT MIXTURES ....................................................... 127 IMPACT ATTENUATOR SYSTEM ........................................................................................... 123 INCENTIVE PAYMENT FOR THE USE OF RECYCLED ASPHALTIC PAVEMENT (RAP) FOR

ASPHALTIC MIXTURES ...................................................................................................... 136


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LIMITATION OF OPERATIONS ................................................................................................. 72 NOTICE TO BIDDERS ............................................................................................................... 16 NOTICE TO BIDDERS (Storm Water Pollution Prevention Plan) .......................................... 57 PERCENTAGE OF COST OF WORK WITHIN RAILROAD RIGHT-OF-WAY .......................... 69 PERFORMANCE GRADED BINDER ...................................................................................... 124 PERMANENT PAVEMENT MARKING ...................................................................................... 92 PILE JACKETS ........................................................................................................................ 117 PREFORMED WATERPROOFING MEMBRANE TYPE 1 ...................................................... 111 PREPARATION OF BRIDGE AT STATIONS 1335+91.59, 1375+31.94 and 1384+65.66 ..... 104 PROPOSAL GUARANTY ........................................................................................................ 138 PROPOSAL GUARANTY BID BOND (BID BOND)................................................................... 59 PROSECUTION AND PROGRESS (Winter Work) ................................................................... 15 RAILROAD PROTECTIVE POLICY DATA SHEET ................................................................... 69 REMOVE ASPHALT SURFACE ................................................................................................ 88 REQUIRED SUBCONTRACTOR/SUPPLIER QUOTATIONS LIST .......................................... 58 RUMBLE STRIPS ....................................................................................................................... 94 SAWING PAVEMENT ................................................................................................................ 88 SEALING CRACKS .................................................................................................................. 101 SEALING JOINTS .................................................................................................................... 101 SEEDING .................................................................................................................................. 120 SPECIAL PROSECUTION AND PROGRESS

(Federal Immigration Verification System) .................................................................................. 58 (General Requirements) ................................................................................................................... 15 (Migratory Bird Responsibility) ...................................................................................................... 16 (Milling/Asphaltic Concrete Placement) (Sta 1390+51 to 1426+52) ...................................... 16 (Milling/Asphaltic-Concrete Placement) (Sta 1105+45 to 1368+93) ...................................... 16 (Phasing) .............................................................................................................................................. 15

STATUS OF ENVIRONMENTAL COMMITMENTS ................................................................... 17 STATUS OF RIGHT OF WAY .................................................................................................... 14 STATUS OF UTILITIES .............................................................................................................. 13 STORM WATER DISCHARGES ................................................................................................ 57 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) ................................................ 75 SURFACING 8” .......................................................................................................................... 96 SURFACING UNDER GUARDRAIL .......................................................................................... 93 TABULATION OF CORES

(FOR INFORMATION ONLY) ............................................................................................................ 99 TEMPORARY SEEDING .......................................................................................................... 122 TEMPORARY SHORING ......................................................................................................... 119 TEMPORARY SUPPORT ......................................................................................................... 118 TEMPORARY SURFACING 8” .................................................................................................. 97 TEMPORARY TRAFFIC SIGNAL (RAILROAD PREEMPT) ..................................................... 92 TEMPORARY WATER POLLUTION CONTROL ...................................................................... 71 TIMBER AND LUMBER ........................................................................................................... 138 TRAINING SPECIAL PROVISIONS ............................................................................................. 6

AMENDMENT TO CONSTRUCTION TRAINING REPORT REQUIREMENTS ....................... 13

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