A. Professional Services: Professional services are expenditures that, by their nature, are not reasonably adapted to award by competitive bidding. The City Manager or designee shall award professional services contracts at his discretion based on an evaluation of the provider's professional qualifications, service ability, experience, cost of services, and other applicable criteria. Professional services may include, but not be limited to, the services of financial and legal advisors, architects, engineers, accountants, physicians, dentists, veterinarians, trainers and similar professional services.
1. A contract for professional services for less than twenty thousand dollars ($20,000.00) may be awarded without obtaining quotes, bids, or proposals, but should be made with as much competition as practicable under the circumstances.
2. A contract for professional services exceeding twenty thousand dollars ($20,000.00) may be awarded after the Purchasing Agent or department solicits qualifications and billing rates from providers using a Request for Statements of Qualifications (RFSQ), and creates a list of pre-qualified providers. The department evaluates the RFSQs and selects a provider based on demonstrated competence, qualifications, and fair and reasonable billing rates.
3. A department may proceed with the purchase of professional services according to the terms and conditions of an existing City contract.
4. With the City Manager's approval, the City Attorney may retain outside legal counsel and experts necessary to assist the City in prosecuting or defending lawsuits and claims without obtaining quotes, bids, or proposals.
B. Construction Projects: The following provisions are applicable to all construction projects:
1. Public Works Director And Parks And Recreation Director Responsible: Unless otherwise determined by the City Manager, the Public Works Director or the Parks and Recreation Director, as applicable, shall be responsible for the procurement of all construction projects for the City.
2. Dividing The Cost Of A Construction Project: The cost of a construction project may not be divided to avoid exceeding the bid limit. However, the cost of a construction project that exceeds the bid limit may be divided if the selection procedures comply with the requirements of this chapter with respect to each part of the construction project that results from dividing the cost.
3. Bid Security: Contracts for construction projects may provide for a bid security in the amount equal to at least five percent (5%) of the amount of the bid.
4. Advertising: Advertising for construction projects shall comply with section 3-3-090 of this chapter.
5. Rejection: The Public Works Director or Parks and Recreation Director, as applicable, may reject any and all bids if deemed to be in the best interests of the City.
C. Building Improvement And Public Works Projects:
1. Annual Calculation Of Bid Limit: Each January the Finance Director shall establish the bid limit for the upcoming calendar year using the formula established in the definition of "bid limit".
2. Estimated Cost Below The Bid Limit: If the estimated cost of the building improvement or public works project is less than the bid limit, the City may complete the improvements or project in- house without calling for bids or the Public Works Director or Parks and Recreation Director may invite bids from at least three (3) potential, responsible providers of type of construction needed. Such invitations may be made in writing or orally, including by telephone, and shall be made without unfair favoritism or bias. The Public Works Director or Parks and Recreation Director shall keep a record of all invitations and bids made hereunder. Otherwise, expenditures shall be made pursuant to the procedures set forth in subsection 3-3-070E of this chapter.
3. Estimated Cost Exceeding The Bid Limit: Except as otherwise provided herein, any expenditure of the City for a building improvement or public works project that exceeds the bid limit shall be made pursuant to the procedures set forth in Utah Code Annotated section 11-39-101, et seq., as amended.
D. Class C Road Improvement Project: Any Class C road improvement project that is wholly or partially funded by Class C road funds shall be procured as required by the Utah Code Annotated section 72-6-108 and 109, as amended, which is hereby adopted by reference.
E. Emergency Procurement: An emergency condition is a condition or unforeseen circumstances that creates an immediate or imminent threat to the public's health, welfare, safety, or property. The existence of an emergency condition may create an immediate and serious need for supplies, services, repairs, and/or construction that cannot be met through normal procurement methods and policy (i.e., an emergency procurement). An emergency procurement of supplies, services, repairs, and/or construction shall be made using as much competition as practical under the circumstances by the Purchasing Agent, the Public Works Director, the Parks and Recreation Director, or the City Manager or his designee. Emergency procurements shall be limited to only those supplies, services, repairs, and/or construction necessary to mitigate the emergency.
F. Sole Source Procurement: The Purchasing Agent may approve a sole source procurement, without competition, when the Purchasing Agent determines that there is only one (1) source for the required item or service to be purchased; or the award is a condition of a donation or grant that will fund the full cost of the purchase. Examples of potential reasons for sole source procurements include, but are not limited to the compatibility of equipment, accessories, replacement parts, maintenance, or service is the paramount consideration; trial use or testing; procurement of items for resale; procurement of public utility service; or unique properties of the sole source. The Purchasing Agent may verify a sole source by putting the sole source item out to bid.
G. Procurement Under City, County, State, Or Federal Contracts Or Pre-Qualified Lists: An expenditure for which requests for qualifications, competitive bidding or price negotiation according to a procedure comparable to the City's process has already occurred at the City, County, State or Federal level may be made without further bidding.
H. Procurement Under Interlocal Contracts: An expenditure made in conjunction with an interlocal agreement between the City and another governmental entity in compliance with the Interlocal Cooperation Act, Utah Code title 11, chapter 13, may be made without further bidding.
I. Expenditures To Resolve Claims Or Lawsuits: Expenditures to resolve claims or lawsuits against or by the City may be made without obtaining quotes or bids, but should be made with as much competition as practicable under the circumstances. (Ord. 1257, 5-2-2017; amd. Ord. 1559, 9-6-2022)