(A) The governing body shall before making any contract in excess of $10,000 as estimated by the Municipal Engineer, for general improvements, such as water extensions, sewers, public heating system, bridges or work on streets, or any other work or improvement where the cost of such improvement shall be assessed to the property, advertise for bids, unless such contract shall be entered into for the benefit of the municipal electric utility.
(B) A municipal electric utility may enter into a contract for any such work or improvement or for the purchase of such equipment without advertising for bids if the:
(1) Price is $10,000 or less;
(2) Price is $20,000 or less and the municipal electric utility has gross annual revenues from retail sales in excess of $1,000,000;
(3) Price is $30,000 or less and the municipal electric utility has gross annual revenues from retail sales in excess of $5,000,000; or
(4) Price is $40,000 or less and the municipal electric utility has gross annual revenues from retail sales in excess of $10,000,000. In advertising for bids for any such work, or for the purchase of such equipment, the governing body may cause the amount of such estimate to be published therewith.
(C) Such advertisement shall be published once each week for three consecutive weeks in a legal newspaper published in or of general circulation in the municipality, or by posting a written or printed copy thereof in each of three public places in the municipality; provided, that in case of a public emergency resulting from infectious or contagious diseases, destructive windstorms, floods, snow, an exigency or pressing necessity or unforeseen need calling for immediate action or remedy to prevent a serious loss of, or serious injury or damage to life, health or property, or war, estimates of costs and advertising for bids may be waived in the emergency ordinance when adopted by a three-fourths vote of the governing body.
(D) If, after advertising for bids as provided in this section, the governing body receives fewer than two bids on a contract for services, material or labor, or if the bids received by the governing body contain a price which exceeds the estimated cost of the project, the governing body shall have the authority to negotiate a contract for services, material or labor in an attempt to complete the proposed project at a cost commensurate with the estimate given.
(E) If the materials are of such a nature that, in the opinion of the manufacturer and with the concurrence of the governing body, or Board of Public Works, no cost can be estimated until the materials have been manufactured or assembled to the specific qualifications of the purchasing municipality, the governing body or Board of Public Works, may authorize the manufacture and assemblage of such materials and may thereafter approve the estimated cost expenditure when it is provided by the manufacturer.
(F) The municipal bidding procedure shall be waived when materials or equipment are purchased at the same price and from the same seller as materials or equipment which have formerly been obtained pursuant to the state bidding procedure.
(Prior Code, § 1-809)
Statutory reference:
Related provisions, see Neb. RS 17-568.01, 17-613