(A) Except as provided in Neb. RS 18-412.01 for a contract with a public power district to operate, renew, replace, or add to the electric distribution, transmission, or generation system of the city, no contract for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property, costing over $30,000, shall be made unless it is first approved by the City Council.
(B) Except as provided in Neb. RS 18-412.01, before the City Council makes any contract in excess of $30,000 for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property, an estimate of the cost shall be made by the City Engineer and submitted to the City Council. In advertising for bids as provided in divisions (C) and (E) of this section, the City Council may publish the amount of the estimate.
(C) Advertisements for bids shall be required for any contract costing over $30,000 entered into:
(1) For enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property; or
(2) For the purchase of equipment used in the construction of such enlargement or general improvements.
(D) A city electric utility may enter into a contract for the enlargement or improvement of the electric system or for the purchase of equipment used for such enlargement or improvement without advertising for bids if the price is:
(1) $30,000 or less;
(2) $60,000 or less and the city electric utility has gross annual revenue from retail sales in excess of $1,000,000;
(3) $90,000 or less and the city electric utility has gross annual revenue from retail sales in excess of $5,000,000;
(4) $120,000 or less and the city electric utility has gross annual revenue from retail sales in excess of $10,000,000.
(E) The advertisement provided for in division (C) of this section shall be published at least seven days prior to the bid closing in a legal newspaper published in or of general circulation in the city and, if there is no legal newspaper published in or of general circulation in the city, then in some newspaper of general circulation published in the county in which the city is located, and if there is no legal newspaper of general circulation published in the county in which the city is located, then in a newspaper, designated by the County Board, having a general circulation within the county where bids are required, and if no newspaper is published in the city or county, or if no newspaper has general circulation in the county, then by posting a written or printed copy thereof in each of three public places in the city at least seven days prior to the bid closing. In case of a public emergency resulting from infectious or contagious diseases, destructive windstorms, floods, snow, war, or 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, estimates of costs and advertising for bids may be waived in the emergency ordinance authorized by Neb. RS 17-613 when adopted by a ¾ vote of the City Council and entered of record.
(F) If, after advertising for bids as provided in this section, the City Council receives fewer than two bids on a contract or if the bids received by the City Council contain a price which exceeds the estimated cost, the City Council may negotiate a contract in an attempt to complete the proposed enlargement or general improvements at a cost commensurate with the estimate given.
(G) If the materials are of such a nature that, in the opinion of the manufacturer and with the concurrence of the City Council, no cost can be estimated until the materials have been manufactured or assembled to the specific qualifications of the purchasing city, the City Council may authorize the manufacture and assemblage of such materials and may thereafter approve the estimated cost expenditure when it is provided by the manufacturer.
(Neb. RS 17-568.01)
(H) Any city bidding procedure may be waived by the City Council:
(1) 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 in Neb. RS 81-145 to 81-162; or
(2) When the contract is negotiated directly with a sheltered workshop pursuant to Neb. RS 48-1503.
(Neb. RS 17-568.02)
(I) Notwithstanding any other provisions of law or a home rule charter, a city which has established, by an interlocal agreement with any county, a joint purchasing division or agency may purchase personal property without competitive bidding if the price for the property has been established by the federal General Services Administration or the materiel division of the Department of Administrative Services. For purposes of this division (I):
(1) PERSONAL PROPERTY includes but is not limited to supplies, materials, and equipment used by or furnished to any officer, office, department, institution, board, or other agency; and
(2) PURCHASING or PURCHASE means the obtaining of personal property by sale, lease, or other contractual means.
(Neb. RS 18-1756)
(J) (1) All purchases, leases, or contracts which by law are required to be based on competitive bids shall be made to the lowest responsible bidder, taking into consideration the best interests of the City of Wahoo, Nebraska. In determining the lowest responsible bidder, in addition to price, the following elements shall be given consideration:
(a) The ability, capacity, and skill of the bidder to perform the contract required;
(b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(c) Whether the bidder can perform the contract within the time specified;
(d) The quality of performance of previous contracts;
(e) The previous and existing compliance by the bidder with laws relating to the contract; and
(f) Such other information as may be secured having a bearing on the decision to award the contract.
(2) When awarding a contract for personal property, in addition to the above, the following elements shall be given consideration:
(a) The quality or performance of the personal property proposed to be supplied;
(b) Its conformity with specifications;
(c) The purposes for which required;
(d) The time(s) of delivery;
(e) The life-cost of the personal property in relation to the purchase price and specific use of the item;
(f) The performance of the personal property, taking into consideration any commonly accepted tests and standards of product usability and user requirements;
(g) Energy efficiency ratio as stated by the bidder for alternative choices of appliances or equipment; and
(h) The information furnished by each bidder concerning life-cycle costs between alternatives for all classes of equipment, evidence of expected life, repair and maintenance costs, and energy consumption on a per-year basis.
(3) If the item of personal property is a motor vehicle, then the following, along with all of the aforenoted elements, shall be given consideration: the results of the United States Environmental Protection Agency tests on fleet performance of motor vehicles. Each bidder shall furnish information relating to such results.
('72 Code, § 1-809) (Am. Ord. 1201, passed 9-22-83; Am. Ord. 1647, passed 7-23-98; Am. Ord. 1749, passed 12-28-00)
Statutory reference:
Requirements for public lettings, see Neb. RS 73-101 et seq.