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569 sections in this chapter.
Neb. Rev. Stat. § 39-2810 Contracting agency; hire engineering or architectural consultant.
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A contracting agency may hire an engineering or architectural consultant to assist the contracting agency with the development of project performance criteria and requests for proposals, with evaluation of proposals, with evaluation of the construction to determine adherence to t…
Neb. Rev. Stat. § 39-2811 Guidelines; contents.
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The department shall adopt guidelines for entering into a design-build contract, a progressive design-build contract, or construction manager-general contractor contract. If a political subdivision intends to proceed with a design-build contract, a progressive design-build contra…
Neb. Rev. Stat. § 39-2811.01 Unsolicited proposals; competing proposals; consideration; fee; department; powers.
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(1) The procedures used by the department when evaluating an unsolicited proposal shall include a requirement that, if the department determines that there is sufficient merit to pursue an unsolicited proposal, a reasonable opportunity shall be provided for other entities to subm…
Neb. Rev. Stat. § 39-2812 Process; provisions applicable.
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(1) The process for selecting a design-builder and entering into a design-build contract shall be in accordance with sections 39-2813 to 39-2816. (2) Except as otherwise specifically provided in the Transportation Innovation Act, the process for selecting a progressive design-bui…
Neb. Rev. Stat. § 39-2813 Request for qualifications for design-build proposals and progressive design-build proposals; publication; short list created.
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(1) A contracting agency shall prepare a request for qualifications for design-build and progressive design-build proposals and shall prequalify design-builders and progressive design-builders. The request for qualifications shall describe the project in sufficient detail to perm…
Neb. Rev. Stat. § 39-2814 Request for proposals for design-build or progressive design-build contract; elements.
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A contracting agency shall prepare a request for proposals for each design-build or progressive design-build contract. The request for proposals shall contain, at a minimum, the following elements: (1) The guidelines adopted in accordance with section 39-2811. The identification …
Neb. Rev. Stat. § 39-2815 Stipend.
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The contracting agency shall pay a stipend to qualified design-builders that submit responsive proposals but are not selected. Payment of the stipend shall give the contracting agency ownership of the intellectual property contained in the proposals and alternative technical conc…
Neb. Rev. Stat. § 39-2816 Submission of proposals; sealed; rank of design-builders and progressive design-builders; negotiation of contract.
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(1) Design-builders and progressive design-builders shall submit proposals as required by the request for proposals. A contracting agency may meet with individual design-builders and progressive design-builders prior to the time of submitting the proposal and may have discussions…
Neb. Rev. Stat. § 39-2817 Selection of construction manager; construction manager-general contractor contract; sections applicable; request for qualifications; prequalification; publication; short list created; single-step process; when authorized.
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(1) The process for selecting a construction manager and entering into a construction manager-general contractor contract shall be in accordance with this section and sections 39-2818 to 39-2820. (2) A contracting agency shall prepare a request for qualifications for construction…
Neb. Rev. Stat. § 39-2818 Request for proposals for construction manager-general contractor contract; elements.
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A contracting agency shall prepare a request for proposals for each construction manager-general contractor contract. The request for proposals shall contain, at a minimum, the following elements: (1) The guidelines adopted in accordance with section 39-2811. The identification o…
Neb. Rev. Stat. § 39-2819 Submission of proposals; sealed; rank of construction managers; negotiation of contract.
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(1) Construction managers shall submit proposals as required by the request for proposals. (2) Proposals shall be sealed and shall not be opened until expiration of the time established for making the proposals as set forth in the request for proposals. (3) Proposals may be withd…
Neb. Rev. Stat. § 39-2820 Contracting agency; cost estimate; conduct contract negotiations.
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(1) Before the construction manager begins any construction services, a contracting agency shall: (a) Conduct an independent cost estimate for the project; and (b) Conduct contract negotiations with the construction manager to develop a construction manager-general contractor con…
Neb. Rev. Stat. § 39-2821 Contracts; changes authorized.
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A design-build contract, a progressive design-build contract, and a construction manager-general contractor contract may be conditioned upon later refinements in scope and price and may permit the contracting agency in agreement with the design-builder, progressive design-builder…
Neb. Rev. Stat. § 39-2822 Department; authority for political subdivision projects.
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The department may enter into agreements under sections 39-2808 to 39-2824 to let, design, and construct projects for political subdivisions when any of the funding for such projects is provided by or through the department. In such instances, the department may enter into contra…
Neb. Rev. Stat. § 39-2823 Insurance.
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Nothing in sections 39-2808 to 39-2824 shall limit or reduce statutory or regulatory requirements regarding insurance.
Neb. Rev. Stat. § 39-2824 Rules and regulations.
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The department may adopt and promulgate rules and regulations to carry out the Transportation Innovation Act. A political subdivision may adopt a resolution or an ordinance establishing rules to carry out the act.
Neb. Rev. Stat. § 39-2825 Public-private partnership delivery method; authorized; restrictions.
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(1) A public-private partnership delivery method may be used for projects under the Transportation Innovation Act and other transportation projects deemed appropriate at the discretion of the Director-State Engineer in the case of the department, or the governing body of any othe…
Neb. Rev. Stat. § 39-2901 Infrastructure Development Investment Program Act, how cited.
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Sections 39-2901 to 39-2939 shall be known and may be cited as the Infrastructure Development Investment Program Act.
Neb. Rev. Stat. § 39-2902 Act, purpose.
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The purpose of the Infrastructure Development Investment Program Act is to assist in financing qualified projects by providing loans and other forms of financial assistance to eligible entities for the construction, improvement, or enhancement of transportation infrastructure tha…
Neb. Rev. Stat. § 39-2903 Terms, defined.
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For purposes of the Infrastructure Development Investment Program Act: (1) Capitalization means the aggregate of all funds deposited in the investment program from any federal, state, local, or private source, including, but not limited to, any transfer, grant, loan, loan repayme…
Neb. Rev. Stat. § 39-2904 Infrastructure development investment program; created; commission; administer.
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(1) The infrastructure development investment program is created and shall be housed within the department for administrative purposes. (2) The commission shall administer the investment program, with administrative and operational support from the department. The department shal…
Neb. Rev. Stat. § 39-2905 Commission; powers and duties.
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(1) The commission shall: (a) Adopt bylaws, policies, and operating procedures that govern the administration of the investment program; (b) Approve or deny applications for financial assistance based on established evaluation criteria; (c) Establish financial, risk management, a…
Neb. Rev. Stat. § 39-2906 Advisory committee.
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The commission may establish an advisory committee that is comprised of representatives from eligible entities, metropolitan planning organizations, and the private sector for the purpose of providing guidance on project prioritization, credit policy, or compliance matters.
Neb. Rev. Stat. § 39-2907 Infrastructure Development Investment Program Fund; created; use; investment.
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(1) The Infrastructure Development Investment Program Fund is created. The commission shall administer the fund. The fund shall consist of any: (a) Transfer authorized by the Legislature; (b) Federal money, including, but not limited to, any loan, grant, or cooperative agreement …
Neb. Rev. Stat. § 39-2908 Infrastructure Development Investment Program Fund; authorized uses.
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Subject to applicable federal and state law, money in the Infrastructure Development Investment Program Fund may be used to: (1) Provide any financial assistance to any eligible entity for any eligible project; (2) Establish reserves, capitalized interest, credit enhancement, and…
Neb. Rev. Stat. § 39-2909 Investment program; account structure; tracking.
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(1) For administration of the investment program, the commission may establish any: (a) Federal, state, or local account or subaccount within the investment program that is necessary to meet any applicable federal or state law requirement; (b) Bond-related account or subaccount w…
Neb. Rev. Stat. § 39-2910 Financial assistance; contracts; instruments.
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The investment program may make any contract and execute any instrument that is necessary or convenient to provide financial assistance, including any: (1) Loan agreement, trust indenture, intercept agreement, or reimbursement agreement; (2) Acceptance of a pledge of project reve…
Neb. Rev. Stat. § 39-2911 Political subdivision; loan; application; terms.
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(1) Any political subdivision may apply to the department for a loan from the investment program on a form prescribed by the department. (2) The terms of a duly executed loan or assistance contract are binding on the borrower, and the borrower shall unconditionally repay from ple…
Neb. Rev. Stat. § 39-2912 Loan; failure to comply with contract or make payment; effect.
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If a borrower of a loan from the investment program fails to comply with any contract term related to such loan or fails to make any payment when due, the investment program may: (1) Pursue any legal or equitable remedy; (2) Request that the Legislature reduce any appropriation t…
Neb. Rev. Stat. § 39-2913 Investment program; accounting; audit.
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The investment program shall maintain accounts in accordance with generally accepted accounting principles and applicable federal requirements, subject to annual independent audit.
Neb. Rev. Stat. § 39-2914 Investment program; special, limited obligation; treatment.
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An obligation of the investment program is a special, limited obligation that is payable solely from the revenue and assets of the investment program and shall not constitute a pledge of the full faith and credit of the State of Nebraska unless expressly authorized by separate st…
Neb. Rev. Stat. § 39-2915 Investment program; financial assistance for eligible project; procedures; requirements.
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(1) The investment program may provide financial assistance to any eligible entity for any eligible project. Such financial assistance may be in any lawful form, including any loan, loan guarantee, line of credit, letter of credit, lease, lease-purchase agreement, interest-rate s…
Neb. Rev. Stat. § 39-2916 Financial assistance; repayment; terms.
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(1) The maturity for any financial assistance that is provided under the Infrastructure Development Investment Program Act shall not exceed the lesser of the useful life of the financed asset or thirty years, unless federal law allows a longer term or the commission determines a …
Neb. Rev. Stat. § 39-2917 Financial assistance; security requirements.
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(1) Financial assistance that is provided under the Infrastructure Development Investment Program Act shall be secured by the pledge of revenue from the project or system, any legally available source, or any collateral required by the commission. (2) The commission may require a…
Neb. Rev. Stat. § 39-2918 Investment program; lien subordination; repayments; modification.
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(1) The investment program may subordinate its lien to senior debt if the commission determines that such subordination is necessary to finance the project and is consistent with any bond covenant. (2) The investment program may extend, defer, capitalize, or restructure repayment…
Neb. Rev. Stat. § 39-2919 Default; investment program; powers.
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In the event of a default by a borrower under the Infrastructure Development Investment Program Act, the investment program may pursue any lawful remedy, including acceleration, set-off, intercept of state aid that is otherwise due to the borrower, or transfer of collateral, cons…
Neb. Rev. Stat. § 39-2920 Financial assistance; use; requirements.
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(1) The investment program may provide financial assistance to an eligible entity to pay for all or part of the eligible cost of an eligible project. The investment program may require the eligible entity to enter into a financing agreement in connection with its financial assist…
Neb. Rev. Stat. § 39-2921 Financial assistance; approval; criteria.
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The commission shall prioritize the approval of applications for financial assistance based on objective criteria, including, but not limited to: (1) Economic impact and job creation; (2) Safety and system resilience benefits; (3) Readiness and financial feasibility; (4) Public b…
Neb. Rev. Stat. § 39-2922 Audit.
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The investment program shall cause an annual independent audit of all financial activities, including loan portfolios, investment earnings, debt obligations, and fund transfers. The audit shall be performed by a certified public accounting firm in accordance with generally accept…
Neb. Rev. Stat. § 39-2923 Investment program; report; when; contents.
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(1) The investment program shall prepare and electronically submit a report to the Clerk of the Legislature no later than November 1 of each year. The report shall include the following information relating to the investment program: (a) A statement of financial position and chan…
Neb. Rev. Stat. § 39-2924 Investment program; duties.
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The investment program shall operate in compliance with: (1) Federal law and program guidance applicable to state infrastructure banks, including capitalization, use-of-funds, and reporting requirements established under 23 U.S.C. 610, or any other applicable federal law, as such…
Neb. Rev. Stat. § 39-2925 Revenue bonds, notes, or other evidence of indebtedness; authorized.
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The investment program is authorized to issue revenue bonds, notes, or other evidence of indebtedness for the purposes of financing, refinancing, or refunding loans and other eligible costs under the Infrastructure Development Investment Program Act. Obligations may be issued in …
Neb. Rev. Stat. § 39-2926 Obligation; how paid; treatment.
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(1) Each obligation that is issued by the investment program shall be a special, limited obligation that is payable solely from revenue, repayments, pledged receipts, or other legally available funds of the investment program, and shall not constitute a general obligation of the …
Neb. Rev. Stat. § 39-2927 Debt service coverage ratio; requirements.
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(1) The investment program shall maintain a debt service coverage ratio consistent with prudent fiscal standards and bond covenants. (2) No obligation shall be issued that would cause the debt or liability of the investment program to exceed available pledged revenue.
Neb. Rev. Stat. § 39-2928 Obligation; issuance; procedure.
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(1) Prior to issuance, an obligation shall be authorized by a resolution of the commission specifying the principal amount, purpose, interest rate or rates, maturities of not to exceed forty years, redemption provisions, and all other terms of the obligation. (2) The commission m…
Neb. Rev. Stat. § 39-2929 Investment program; pledge; constitute lien; enforcement.
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(1) The investment program may pledge any repayment, investment earning, or interest subsidy, or any other investment program income to the payment of any obligation or related reserve. (2) Each such pledge shall constitute a valid and binding lien upon the pledged revenue from t…
Neb. Rev. Stat. § 39-2930 Obligation; sale; execution; form.
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(1) Any obligation may be sold at public or private sale, as determined by the commission, at any price and interest rate deemed to be in the best interest of the investment program. (2) Each obligation shall be executed on behalf of the investment program by the officer authoriz…
Neb. Rev. Stat. § 39-2931 Refunding or advance refunding obligation; authorized; limitation.
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The investment program may issue any refunding or advance refunding obligation to retire outstanding debt, reduce debt service, restructure any maturity, or achieve savings. Any such refunding shall not extend any final maturity beyond the useful life of the financed asset.
Neb. Rev. Stat. § 39-2932 Bond service account and reserve accounts; requirements; use.
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(1) The investment program shall maintain a bond service account and such reserve accounts as required by bond proceedings. (2) Debt service payments from pledged revenue or other legally available money that are remitted to the State Treasurer shall be credited by the State Trea…
Neb. Rev. Stat. § 39-2933 State and local taxation; exemption.
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An obligation that is issued under the Infrastructure Development Investment Program Act, the transfer of such obligation, and the income from such issuance and transfer, including the profit from the sale of such obligation, shall be exempt from state and local taxation.