Chapter 39 — HIGHWAYS AND BRIDGES
1,079 sections in this chapter.
Neb. Rev. Stat. § 39-2603 Location.
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(1) Except as provided in subsection (2) of this section, no person shall locate or maintain a junkyard, any portion of which is within one thousand feet of the nearest edge of the right-of-way of any roadway of the Highway Beautification Control System, without obtaining a permi…
Neb. Rev. Stat. § 39-2604 Permit; issuance; fees; disposition.
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The department may issue permits for the location and operation of junkyards within the limits prescribed in section 39-2603. If the applicant is an individual, the application for a permit shall include the applicant's social security number. The department shall charge an annua…
Neb. Rev. Stat. § 39-2605 Permit; issuance; conditions.
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No permit shall be granted for the location and maintenance of a junkyard within one thousand feet of the nearest edge of the right-of-way of any roadway of the Highway Beautification Control System except the following: (1) Those which are screened by natural objects, plantings,…
Neb. Rev. Stat. § 39-2606 Existing junkyards; screening; expense paid by department.
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Except as provided in section 39-2608, any junkyard lawfully in existence on August 27, 1971, which is within one thousand feet of the nearest edge of the right-of-way and visible from the main-traveled way of the Highway Beautification Control System and which does not qualify f…
Neb. Rev. Stat. § 39-2607 Rules and regulations; promulgation.
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The department may promulgate rules governing the materials, location, planting, construction, and maintenance for the screening or fencing required by the provisions of sections 39-2601 to 39-2612.
Neb. Rev. Stat. § 39-2608 Removal; when; department; powers.
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Any junkyard in existence on August 27, 1971, which does not qualify for a permit under section 39-2605 and which cannot, as a practical matter, be screened may be removed. The department may acquire by gift, purchase, exchange or condemnation from the owner, such interests in la…
Neb. Rev. Stat. § 39-2609 Nuisance; injunction.
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The department may apply to the district court in the county in which such junkyards may be located for an injunction to abate such nuisance or for such other relief as may be necessary or proper.
Neb. Rev. Stat. § 39-2610 Sections, how construed.
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Nothing in sections 39-2601 to 39-2612 shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution which is more restrictive than sections 39-2601 to 39-2612.
Neb. Rev. Stat. § 39-2611 Agreements with federal authority; authorization.
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The department shall be authorized to enter into agreements with the appropriate federal authority as provided by 23 U.S.C., relating to the control of junkyards in areas adjacent to the Highway Beautification Control System, and to take action in the name of the state to comply …
Neb. Rev. Stat. § 39-2612 Violations; penalty.
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Any person who shall be found in violation of section 39-2603 shall be guilty of a Class II misdemeanor. Each day's violation shall constitute a separate offense.
Neb. Rev. Stat. § 39-2701 Act, how cited.
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Sections 39-2701 to 39-2705 shall be known and may be cited as the Build Nebraska Act.
Neb. Rev. Stat. § 39-2702 Terms, defined.
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For purposes of the Build Nebraska Act: (1) Department means the Department of Transportation; (2) Fund means the State Highway Capital Improvement Fund; and (3) Surface transportation project means (a) expansion or reconstruction of a road or highway which is part of the state h…
Neb. Rev. Stat. § 39-2703 State Highway Capital Improvement Fund; created; use; investment.
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(1) The State Highway Capital Improvement Fund is created. The fund shall consist of money credited to the fund pursuant to subsection (4) of section 39-2215, proceeds of bonds issued pursuant to subsection (3) of section 39-2223, and any other money as determined by the Legislat…
Neb. Rev. Stat. § 39-2704 Fund; uses enumerated.
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(1) The money credited to the fund pursuant to subsection (4) of section 39-2215 shall be used for repayment of bonds issued pursuant to subsection (3) of section 39-2223. If any of the money credited to the fund pursuant to subsection (4) of section 39-2215 exceeds the amount of…
Neb. Rev. Stat. § 39-2705 Rules and regulations.
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The department may adopt and promulgate rules and regulations to carry out the Build Nebraska Act.
Neb. Rev. Stat. § 39-2801 Transportation Innovation Act, how cited.
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Sections 39-2801 to 39-2825 shall be known and may be cited as the Transportation Innovation Act.
Neb. Rev. Stat. § 39-2802 Terms, defined.
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For purposes of the Transportation Innovation Act: (1) Alternative technical concept means changes suggested by a qualified, eligible, short-listed design-builder to a contracting agency's basic configurations, project scope, design, or construction criteria; (2) Best value-based…
Neb. Rev. Stat. § 39-2803 Transportation Infrastructure Bank Fund; created; use; investment.
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(1) The Transportation Infrastructure Bank Fund is created. The fund shall be administered by the department and shall be used for purposes of sections 39-2803 to 39-2807. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in th…
Neb. Rev. Stat. § 39-2804 Accelerated State Highway Capital Improvement Program; created.
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The Accelerated State Highway Capital Improvement Program is created. The department shall administer the program using funds from the Transportation Infrastructure Bank Fund. The purpose of the program is to accelerate capital improvement projects to provide the earliest possibl…
Neb. Rev. Stat. § 39-2805 County Bridge Match Program; created; termination; County Bridge Match Working Group.
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(1) The County Bridge Match Program is created. The department shall administer the program using funds from the Transportation Infrastructure Bank Fund. The purpose of the program is to promote innovative solutions and provide additional funding to accelerate the repair and repl…
Neb. Rev. Stat. § 39-2806 Economic Opportunity Program; created; termination.
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The Economic Opportunity Program is created. The Department of Transportation shall administer the program in consultation with the Department of Economic Development using funds from the Transportation Infrastructure Bank Fund, except that no more than twenty million dollars sha…
Neb. Rev. Stat. § 39-2807 Sections; termination.
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Sections 39-2803 to 39-2805 and 39-2807 terminate on June 30, 2033. The State Treasurer shall transfer any unobligated funds remaining in the Transportation Infrastructure Bank Fund on such date to the Cash Reserve Fund.
Neb. Rev. Stat. § 39-2808 Purpose of sections.
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The purpose of sections 39-2808 to 39-2824 is to provide a contracting agency alternative methods of contracting for public projects. The alternative methods of contracting shall be available to a contracting agency for use on any project regardless of the funding source. Notwith…
Neb. Rev. Stat. § 39-2809 Design-build contract; progressive design-build contract; construction manager-general contract; authorized.
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A contracting agency, in accordance with sections 39-2808 to 39-2824, may solicit and execute a design-build contract, a progressive design-build contract, or a construction manager-general contractor contract for a public project, other than a project that is primarily resurfaci…
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…