Nebraska Department Of Roads Form

The Department's Form R-123, "Contractor's Statement of Experience, Equipment and Financial Condition" dated May 2005 is available on the Contract Lettings’ website.

PREQUALIFICATION STATEMENTS MUST BE RECEIVED BY THE CONTRACT LETTINGS SECTION OF THE NEBRASKA DEPARTMENT OF ROADS PRIOR TO 5:00 P.M. AT LEAST

TEN (10) DAYS BEFORE THE LETTING IN WHICH THE APPLICANT INTENDS TO SUBMIT BIDS. (See letting schedule posted on the Nebraska Department of Roads’ Contract Lettings

Section Website.)

If you have any questions, please contact us at:

Nebraska Department of Roads

Contract Lettings Section

P.O. Box 94759

Lincoln, NE 68509-4759

Phone: (402) 479-4525

FAX: (402) 479-3803

Email: NDOR_Contract_Lettings@dor.state.ne.us

State of Nebraska

Department of Roads

Pertinent Sections of the States Relating to

Letting of Contracts and Prequalifications of Bidders

Section 39-1348. Before letting contracts for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances, the department shall advertise for sealed bids for not less than twenty days by publication of a notice thereof once a week three consecutive weeks in the official county newspaper designated by the county board in the county where the work is to be done, and in such additional newspaper or newspapers as may appear necessary to the department in order to give notice of the receiving of bids. Such advertisement shall state the place where the plans and specifications for the work may be inspected and shall designate the time when the bids shall be filed and opened; provided, that if through no fault of the department, publication of such notice fails to appear in any newspaper or newspapers in the manner hereinbefore provided, the department shall be deemed to have fulfilled the requirements of this section.

Section 39-1349. Construction contracts; letting; procedure; interest on retained payments; predetermined minimum wages. (1) Except as provided in subsection (3) of this section, all contracts for the construction, reconstruction, improvement, maintenance, or repair of state highway system roads and bridges and their appurtenances shall be let by the department to the lowest responsible bidder who has been qualified by the department. The department may reject any or all bids and cause the work to be done as may be directed by the department. If the contractor has furnished the department all required records and reports, the department shall pay to the contractor interest at a rate three percentage points above the average annual Federal Reserve composite prime lending rate for the previous calendar year rounded to the nearest one-tenth of one percent on the

amount retained and on the final payment due the contractor beginning sixty days after the work under the contract has been completed as evidenced by the completion date established in the department’s letter of tentative acceptance or, when tentative

acceptance has not been issued, beginning sixty days after completion of the work and running until the date when payment is tendered to the contractor.

(2)When the department is required by acts of Congress and rules and regulations made by an agent of the United States in pursuance of such acts to predetermine minimum wages to be paid laborers and mechanics employed on highway construction, the Director-State Engineer shall cause minimum rates of wages for such laborers and mechanics to be predetermined and set forth in contracts for such construction. The minimum rates shall be the scale of wages which the Director-State Engineer finds are paid and maintained by at least fifty percent of the contractors in performing highway work contracted with the department unless the Director-State Engineer further finds that such scale of wages so determined would unnecessarily increase the cost of such highway work to the state, in which event he or she shall reduce such determination to such scale of wages as he or she finds is required to avoid such unnecessary increase in the cost of such highway work.

(3)The department, in its sole discretion may permit a city or county to let state or federally funded contracts for the construction, reconstruction, improvement, maintenance, or repair of state highways, bridges, and their appurtenances located within the jurisdictional boundaries of such city or county, to the lowest responsible bidder prequalified to bid by the department when the work to be let is primarily local in nature and the department determines that it is in the public interest that the contract be let by the city or the county.

Section 39-1350. The department shall have the authority to act for any political or governmental subdivision or public corporation of this state for the purpose of taking bids or letting contracts for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances. The department, while so acting, may take such bids and let such contracts at the offices of the Department of Roads, Lincoln, Nebraska; provided, that the department has the written consent of the political or governmental subdivision or public corporation where the work is to be done.

Section 39-1351. Any person desiring to submit to the department a bid for the performance of any contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances, which the department proposes to let, shall apply to the department for prequalification not later than ten days before the letting of the contract. The department shall determine the extent of any applicants qualifications by a full and appropriate evaluation of his experience, equipment, financial resources, and performance record. In determining the qualification of persons to bid on any particular contract, the department shall consider the equipment and resources available for the particular contract contemplated; provided, that the above requirements shall not apply to contracts for repair and maintenance when the estimate of the engineer for such repair and maintenance is less than twenty-five hundred dollars, or of an emergency nature.

Section 39-1352. Any person, proposing to bid on a contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances to be let by the department, shall submit to the department, at such times as it may require a statement showing his qualifications. Such statement shall be under oath and on a standard form to be prepared and supplied by the department. The financial showing required in the statement shall be certified by a certified public accountant or by a public accountant holding a currently valid permit from the Nebraska State Board of Public Accountancy. The statement shall be confidential and only for the use of the department.

Section 39-1353. Proposal forms for submitting bids, on any contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances to be let by the department, shall be issued at the offices of the Department of Roads, Lincoln, Nebraska, not later than five p.m. of the day before the letting of the contract. Such proposal forms shall be issued only to those persons previously qualified by the department and bids shall be accepted only from such qualified persons.

Section 39-1354. The department, in its discretion, may provide reproductions of the plans prepared by the department for any contract to be let for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances, to any person desiring such reproductions. Such person shall pay to the department a reasonable sum, to be fixed by the department in an amount estimated to cover the actual cost of preparing such a reproduction.

STATE OF NEBRASKA

DEPARTMENT OF ROADS

RULES AND REGULATIONS FOR THE QUALIFICATION OF

CONTRACTORS PROPOSING TO BID ON STATE HIGHWAY WORK

(Pursuant to Section 39-7,134, R.R.S. 1943)

- PREQUALIFICATION OF BIDDERS -

1.All persons, (any individual, co-partnership, association, corporation or joint stock company) proposing to bid on a contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges and their appurtenances to be let by the Department of Roads, shall submit a statement showing his or her experience, equipment, and financial condition; except that such statement shall not be required for contracts for repair and maintenance where the estimate of the engineer for such repair and maintenance is less than twenty-five hundred dollars, or of an emergency nature. Such statement shall be under oath and on a form to be provided by the department and shall be submitted not later than ten days before the letting of the contract or contracts. The statement shall develop fully the financial ability, adequacy of plant and equipment, organization, prior experience, and such other pertinent and material facts as may be desirable. The department may require additional information at any time. The statements of contractor's experience, equipment and financial condition will not be retained in the active file of qualified bidders after the financial condition shown is of a date fifteen months prior. Any person whose qualification rating will expire on or before the date of a letting, must submit a new statement and request to be qualified, at least ten days before the letting at which he or she desires to bid. Any person who desires a change in his or her qualification rating must submit a new statement or a request in writing at least ten days before the letting at which the change would be effective. Upon the compliance with all laws and rules and regulations relating thereto, such person will be qualified for the amount and class of work to which he or she is entitled. All information furnished the department shall be confidential.

2.The financial showing required in such statement shall be certified by a public accountant holding a currently valid permit from the Nebraska Board of Public Accountancy, or by any certified public accountant holding a currently valid permit.

3.The use of a "Letter of Credit" as an alternate means of showing financial condition will be permitted when the net amount of the "Letter of Credit" does not exceed five hundred thousand dollars ($500,000). The "Letter of Credit" must be from a licensed or chartered financial institution. The "Letter of Credit" shall be certified by a public accountant holding a currently valid permit from the Nebraska Board of Public Accountancy, or by any certified public accountant holding a currently valid permit.

-QUALIFICATION -

1.Each person will be qualified upon such statement for an amount of work which he or she can perform properly as evidenced by his or her financial statement and supplementing documents, and his or her competency and responsibility as evidenced by the amount, condition, and availability of equipment, experience of personnel, and previous record with this and other awarding authorities.

2.Each person will be notified of the "maximum qualification" rating established in his or her case by the department. The “maximum qualification" rating established may be increased or decreased at any time if, as determined by the department, the performance record of the contractor warrants such action. A new statement may be requested at any time if, in the opinion of the department, significant changes in responsibility or financial ability of the person qualified have occurred.

3.Ratings for any one or combination of the following classes of work will be given:

Any person who desires a change in the class or classes of work for which he or she is qualified to submit proposals must submit a request in writing for such change, at least ten days before the letting at which he or she desires to bid with the new classification.

- CURRENT RATING -

Each person desiring to bid on work for which prequalification of bidders is required shall submit a request for proposal forms and with such request shall submit, on forms provided by the department, a complete report of all work he or she then has under contract, including subcontracts, and the amount of work not completed on all such contracts. A current qualification based on this statement and the contractor's "maximum qualification" will be established by the department, taking into account the rate of progress which is being made in performing the uncompleted work, the requirements for the performance of the work for which the contractor desires to bid and any other pertinent information that is available to the department. This current qualification shall be the "current rating" which determines the amount of work for which any person is qualified at the particular letting and for which he or she may be awarded a contract or contracts, except that the department may use a tolerance of not more than twenty-five percent of a bidder's current rating and award him or her a contract or contracts in a total amount which does not exceed by more than twenty-five percent the current rating which is established by the department.

- PROPOSAL FORMS -

1.Proposal forms, for which prequalification of bidders is required, will be issued only to those qualified to bid on each contract. A person will not be considered as qualified for any particular letting if his or her qualification rating will expire on or before the date of the letting. Any person submitting two or more bids in a total amount exceeding his or her current qualification by more than twenty-five percent shall submit the same subject to the limitations of his or her current rating plus a tolerance of twenty-five percent. Nothing in these Rules and Regulations shall be construed as depriving the department of the right to reject any bid where, in the opinion of the department, other circumstances and developments have changed the qualification or responsibility of the bidder. If the qualification rating of the low bidder expires before the award of a contract, such contract will not be awarded until the qualification rating of the low bidder has been renewed.

2.Proposal forms, for which prequalification of bidders is required, will be labeled with the name of the bidder to whom they are issued and shall not be transferable. Any proposal which is submitted by a bidder other than the one to whom the proposal form was issued shall be void.

3.Proposal forms for which prequalification of bidders is required, may be issued by the department at its discretion for information only, but such proposal forms shall not be used for bidding and shall be stamped with the words "For information only, not to be used for bidding" and bids submitted on such forms shall be void and not considered.

4.Proposal forms will not be issued to any bidder later than 5:00 o'clock P.M. of the day preceding the letting.

5.A proposal form for any contract, for which prequalification of bidders is required, may be issued at the discretion of the department, to two or more qualified bidders jointly if the classes of work for which the prospective bidders are qualified to perform, satisfy in the aggregate, the qualification requirements for the particular contract. Two or more qualified bidders may not bid jointly to perform any contract, for which prequalification of bidders is required, to be let by the department unless a proposal form is issued by the department to those bidders jointly for that purpose.

INDICATE CLASS OR CLASSES OF WORK

IN WHICH YOU DESIRE TO BE QUALIFIED

(Requesting the major classes of work which include 1, 3, 4, 6, 9 and 10 shown below, without experience in those areas, may decrease the maximum qualification rating which could otherwise be established for your firm.)

(1) Grading

(2) Aggregates

(3) Concrete Pavement

(4) Culverts

(5) Landscaping

(6) Bridges

(7) Guard Rail and Fence

 (8) Specialty

(8a) Building Construction

(8b) Electrical

(8c) Signing

(8d) Painting

(8e) Demolition

(9) Bituminous

(10) General (All Classes)

Includes, but may not be limited to, the following items:

Armor Coat, Chip Seal, Fog Seal, Slurry Seal, Microsurfacing, Pavement Repair & Patching, Joint Repair & Patching, Joint Sealing, Crack Sealing, Dowel Bar Retrofit, Diamond Grinding, Rumble Strips, Noise Walls, Paint Striping, Bridge Painting

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10.Accumulated Costs and Gross Income Recognized on Uncompleted Contracts and/or Deferred Credits From

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SPECIFIC INSTRUCTIONS - CONTRACTOR'S BALANCE SHEET AND SCHEDULES

(Pages 6 through 13)

(Where there are no instructions for a particular schedule, it is presumed that the schedule itself is self- explanatory.)

CONTRACTOR'S BALANCE SHEET

(Pages 6 and 7)

This statement shall be completed in all aspects. The use of cents is not necessary. Any further rounding of figures must be explained. The classification of Assets and Liabilities between current and non-current should be based on accounting principles generally recognized as criteria for classifications.

SUPPORTING SCHEDULES

(Pages 9 through 13)

All totals required by the supporting schedules should be shown on the appropriate schedule, even if supplementary additional sheets are used in lieu of the schedule blanks provided in the form.

Where schedules are not complete in themselves, attach supplementary memoranda explaining fully.

INVESTMENTS (Schedule 1) - Where there is no quoted market price of securities of affiliated organizations and investments in partnerships, joint ventures, etc., the investment should be shown at cost, with an indication of the book value of the underlying net assets. Cost of investment should reflect initial cost adjusted for additional investment and subsequent profits, losses and distributions.

NOTES RECEIVABLE (Schedule 2) - All itemizations under (a) and (b) must be complete.

ACCOUNTS RECEIVABLE (Schedule 3) - All itemizations under (a) and (b) must be complete.

INVENTORIES (Schedule 4) - Inventories of similar classification may be grouped. Basis of valuation of inventory must be stated.

PREPAID INSURANCE, OTHER PREPAID EXPENSES, AND OTHER ASSETS (Schedule 5) Self- explanatory.

CASH SURRENDER VALUE OF INSURANCE (Schedule 6) - Self-explanatory.

PROPERTY, PLANT AND EQUIPMENT (Schedule 7) - Under 7(a) where composite amounts or guideline method of depreciation are used, it would be practically impossible to show the accumulated depreciation by major asset category. Where plant and equipment have been included in group accounts for purposes of computing depreciation, it is suggested that some reasonable allocation be made of the reserve for depreciation of plant, equipment, construction, and other asset categories.

Equipment schedules should be updated for evaluation purpose and include, by classification, all equipment which is still serviceable although fully depreciated.

Under 7(b), land should indicate the carrying amount, that is cost less depletion. Also, under 7(b), items of a like nature can be grouped. Only owned land should be included in the schedule.

Under 7(c), if plant and equipment held under lease or rental contracts are listed in this schedule, the leases should be current as of the statement date, and should not include leases which have been recorded as purchases.

NOTES PAYABLE (Schedule 8) - All itemizations under (a) and (b) must be complete.

ACCOUNTS PAYABLE (Schedule 9) - All itemizations under (a) and (b) must be complete.

ACCUMULATED COSTS AND GROSS INCOME RECOGNIZED ON UNCOMPLETED CONTRACTS AND/OR DEFERRED CREDITS FROM BILLINGS AND ADVANCE COLLECTIONS ON UNCOMPLETED CONTRACTS (Schedule 10) - All explanations under Schedule 10 must be complete.

INDIVIDUAL OR PARTNERSHIP CAPITAL (Schedule 11)

CAPITAL STOCK (Schedule 12)

SURPLUS (Schedule 13)

ACCOUNTANT'S QUESTIONNAIRE

(Pages 14 and 15)

All questions must be answered and explanations furnished if required. - 5 -