(A) Bids shall be prepared in the following manner whenever purchases for equipment, supplies, or services are to be made by the city, unless specified otherwise in this subchapter. City personnel such as work area supervisor and the like shall:
(1) Determine the specifications of the items or services needed and prepare a written statement setting forth those specifications;
(2) Prepare a written request or notice for bids/proposals; and
(3) Submit the specifications and request or notice for bids/proposal, for City Council approval.
(B) Bids/proposals as hereinafter specified, received directly by a work area supervisor, together with proposed agreements or other documents relating to the purchase shall be submitted to the City Council for confirmation and award of bid as required by this subchapter.
(C) In all instances, the request for bids/proposals shall be issued to at least three separate vendors/resources, if reasonable and possible.
(D) Each request for, notice of, or advertisement regarding bids/proposals shall set forth specifications for the item or service to be purchased. A copy of such request, notice, or advertisement shall be maintained in the office of the City Recorder as well as with the responsible work area head.
(E) Sealed bids/proposals shall be received and held by the City Recorder who shall indicate on the bids the date and time of the receipt of such bids. Sealed bids/proposals shall be opened at the time and place as specified in the bid notice request and shall be opened in the presence of the City Recorder, Mayor, work area supervisor, designated Purchasing Officer and any other interested parties. The amount of each bid and any other relevant information, together with the name of each bidder shall be recorded. The record and each bid shall be open to public inspection.
(F) All sealed bids for contracts shall be made in compliance with this subchapter and with the provisions of UCA §§ 63G-6A et seq., as amended.
(G) All notices of or requests for bidding on construction contracts shall specify requirements for a performance bond and payment bond in compliance with the provisions of UCA §§ 14-1-18, 14-1-19, 64-56-18, and 63G-6a-1005, as amended.
(H) A bid security in an amount equal to at least 5% of the amount bid shall be required for all sealed bidding for construction contracts and shall be in the form of a bond provided by a security company authorized to do business in the state, the equivalent in cash, or any other form satisfactory to the city.
(I) If a bidder fails to comply with the requirements for bid security, the bid may be rejected, unless it is determined that the failure to comply with the security requirement is nonsubstantial.
(J) After all bids are open, such bids shall be irrevocable for the period specified in the invitation or request for bids. However, if the bidder is permitted to withdraw a bid before the award, no action shall be taken against the bidder or the bid security.
(K) Cost-plus-a-percentage-of-cost contracts are prohibited. Subject to the limitations of this section, any type of contract which will promote the best interests of the city may be used, provided that the use of a cost-plus-a-percentage-of-cost contract is prohibited. A cost-reimbursement contract may be used only when a determination is made that such contract is likely to be less costly to the city than any other type, or that it is impracticable to obtain the supplies, service, or construction required except under such a contract.
(L) Required contract clauses:
(1) The unilateral right of the city to order in writing changes in the work within the scope of the contract and changes in the time of performance of the contract that do not alter the scope of the contract work;
(2) Variations occurring between estimated quantities of work in a contract and actual quantities; and
(3) Suspension of work ordered by the city.
(M) All bids/proposals received, together with proof of advertisement by publication or otherwise, shall be maintained by the City Recorder for a period of at least three years following the award of any contract pursuant to such bids/proposals for three years following the date of the first advertisement or publications of the notice for such bids/proposals in the event that all bids/proposals pursuant to that notice as advertised are rejected.
(N) All bids/proposals shall be recorded as to the name of the bidder, the amount of the bid, and compliance with the bid notice and request, and such record shall be submitted to the City Council for conformation and award of bid as required be this subchapter.
(O) The city shall at all times and in all bidding circumstances reserve the right to reject any and all bids/proposals with or without cause.
(Res. 2018-001, passed 1-9-2018)