Whenever, in the opinion of the department, an emergency or unusual condition exists requiring immediate attention in order to insure the passage or safe flow of traffic over or upon that portion of any interstate bridge located within the State of Nebraska, the department may close such portion of any such bridge to any or all traffic in order to perform the maintenance necessary thereon. Upon ascertaining the need for emergency maintenance, the department shall mark and post the danger area for the protection of the public and, within twenty-four hours thereafter, shall barricade the danger area and provide any detour necessary in compliance with section 39-8,113. The department may provide any part of the personnel, equipment, and material necessary to perform such emergency maintenance or may contract with any person who, in the opinion of the department, is capable of successfully performing the maintenance necessary; Provided, that the department shall not contract such emergency maintenance to any person incapable of furnishing the department with a bond with good and sufficient sureties approved by the department, in an amount at least equal to the contract price, conditioned upon the faithful fulfillment of the contract. If any agreement between the department and an adjoining state for the maintenance of interstate bridges has made provision for emergency maintenance, as authorized by section 39-8,107, such maintenance and the payment therefor shall be completed in accordance with the agreement.

Source

  • Laws 1959, c. 175, § 25, p. 642.

Terms Used In Nebraska Statutes 39-8,115

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: shall mean the Department of Transportation. See Nebraska Statutes 39-892
  • Interstate bridge: shall mean the right-of-way, approaches, bridge structure, and highway necessary to form a passageway for highway traffic over the boundary line of the State of Nebraska from a point within the State of Nebraska to a point within an adjoining state for the purpose of spanning any obstruction or obstructions which would otherwise hinder the free and safe flow of traffic between such points, such bridge being a part of the state highway system with title vested in the State of Nebraska or in the State of Nebraska and an adjoining state jointly. See Nebraska Statutes 39-892
  • Maintenance: shall mean the act, operation, or continuous process of repair, reconstruction, or preservation of the whole or any part of any interstate bridge for the purpose of keeping it at or near its original standard of usefulness and shall include the performance of traffic services for the safety and convenience of the traveling public. See Nebraska Statutes 39-892
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 39-892
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
  • Traffic: means pedestrians, ridden or herded animals, and vehicles and other conveyances either singly or together while using any highway for purposes of travel. See Nebraska Statutes 39-101
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