Bridges; culverts; construction and repair; road improvements; contracts; letting; procedures.
(1)(a) The county board of each county may erect and repair all bridges and approaches thereto and build all culverts and make improvements on roads, including the purchase of gravel for roads, and stockpile any materials to be used for such purposes, the cost and expense of which shall for no project exceed one hundred thousand dollars.
(b) All contracts for the erection or repair of bridges and approaches thereto or for the building of culverts and improvements on roads, the cost and expense of which shall exceed one hundred thousand dollars, shall be let by the county board to the lowest responsible bidder.
(c) All contracts for materials for repairing, erecting, and constructing bridges and approaches thereto or culverts or for the purchase of gravel for roads, the cost and expense of which exceed twenty thousand dollars, shall be let to the lowest responsible bidder, but the board may reject any and all bids submitted for such materials.
(d) Upon rejection of any bid or bids by the board of such a county, such board shall have power and authority to purchase materials to repair, erect, or construct the bridges of such county, approaches thereto, or culverts or to purchase gravel for roads.
(e) All contracts for bridge erection or repair, approaches thereto, culverts, or road improvements in excess of twenty thousand dollars shall require individual cost-accounting records on each individual project.
(2)(a) Except as otherwise provided in subdivision (b) of this subsection, all bids for the letting of contracts shall be deposited with the county clerk of such a county, opened by him or her in the presence of the county board, and filed in such clerk's office.
(b) In a county with a population of more than one hundred fifty thousand inhabitants with a purchasing agent under section 23-3105, the bids shall be opened as directed pursuant to section 23-3111.
Source:Laws 1905, c. 126, § 1, p. 540; Laws 1911, c. 111, § 1, p. 391; R.S.1913, § 2956; C.S.1922, § 2714; C.S.1929, § 39-801; Laws 1931, c. 84, § 1, p. 222; C.S.Supp.,1941, § 39-801; R.S.1943, § 39-810; Laws 1955, c. 159, § 1, p. 462; Laws 1969, c. 328, § 1, p. 1173; Laws 1975, LB 115, § 1; Laws 1988, LB 429, § 1; Laws 2013, LB623, § 1; Laws 2017, LB86, § 1; Laws 2019, LB82, § 1.
Authority of board to purchase materials, other provisions, see sections 39-818, 39-824, and 39-826.
Separate contracts for the purchase of gravel which do not exceed the statutory limits under section 39-1406 (now repealed) and this section do not require advertising for bids. State ex rel. Schuler v. Board of County Commissioners, 210 Neb. 594, 316 N.W.2d 302 (1982).
Where statute does not avoid the obligation of contract made contrary to its terms, recovery in quantum meruit may be allowed. Capital Bridge Co. v. County of Saunders, 164 Neb. 304, 83 N.W.2d 18 (1957).
Ordinary resurfacing of public gravel highways amounts to repair and does not constitute an improvement under this section. Cheney v. County Board of Supervisors of Buffalo County, 123 Neb. 624, 243 N.W. 881 (1932).
Cost of culverts are chargeable to county bridge fund. Central Bridge & Constr. Co. v. Saunders County, 106 Neb. 484, 184 N.W. 220 (1921).
Paving contract bid, failing to specify time of performance, is insufficient to support award of contract. Root v. Douglas County, 105 Neb. 262, 180 N.W. 46 (1920).
This section has no application to repair of bridges across irrigation ditches. Dawson County v. Dawson County Irr. Co., 104 Neb. 137, 176 N.W. 78 (1920); Dawson County Irr. Co. v. Dawson County, 103 Neb. 692, 173 N.W. 696 (1919).
Board has no authority to let annual contracts for repairing bridges. Levy of current year cannot be taken into account until made. Clark v. Lancaster County, 69 Neb. 717, 96 N.W. 593 (1903).
Recovery can be had where one furnishes labor and material in good faith without express contract. Cass County v. Sarpy County, 66 Neb. 473, 92 N.W. 635 (1902), 97 N.W. 352 (1903).