A. Specified:
1. All bids shall be submitted as open bids rather than sealed bids unless specified otherwise.
2. The city shall at all times and in all bidding circumstances reserve the right to reject any and all bids with or without cause, and to waive informalities and minor defects.
3. In all instances, the request for bids shall be issued to at least three (3) separate vendors/sources, if reasonable and possible.
4. Each request for, notice of, or advertisement regarding bids 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.
5. When the mayor and the city council determine in writing that the use of competitive sealed bidding is advantageous to the city or required by law or otherwise, a contract may be entered into by competitive sealed proposals in the manner as set forth in Utah Code Annotated, section 63G-6-401, as amended, and in compliance with this chapter.
6. Sealed bids 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 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, if applicable, and any other interested parties.
7. All bids shall be recorded as to the name of the bidder, the amount bid, and compliance with the bid notice and request, and such record shall be submitted to the mayor and city council for confirmation and award of bid as required by this chapter.
B. Bidding: 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 chapter. City personnel, such as the work area supervisor, etc., 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.
3. Submit the specifications and request or notice for bids, for mayor and city council approval. Bids, 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 mayor and city council for confirmation and award of bid as required by this chapter.
4. Bidding shall be required for all purchases in excess of twenty thousand dollars ($20,000.00). Contracts for public improvements, including a building improvement and a public works project, as defined in Utah Code Annotated section 11-39-101(2) and (12), with an estimated cost in excess of the bid limit amounts stated in Utah Code Annotated 11-39-101(1), shall be formulated in accordance with Utah Code Annotated, title 11, chapter 39, as it currently exists or as it hereafter may be modified.
5. A bid security in an amount equal to at least five percent (5%) of the amount bid shall be required for all sealed bids for construction contracts and shall be in the form of a bond provided by a surety company authorized to do business in the state, the equivalent in cash, or any other form satisfactory to the city.
6. If a bidder fails to comply with the requirement for bid security, the bid shall be rejected, unless it is determined that the failure to comply with the security requirement is nonsubstantial.
7. 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.
8. All notices of or requests for bidding on construction contracts, including building improvement and public works contracts, shall specify requirements for a performance bond and payment bond in compliance with the provisions of Utah Code Annotated, sections 14-1-18, 14-1-19, 63G-6-505 and 63G-6-507, as amended.
9. All bids received, together with proof of advertisement by publication or otherwise, shall be maintained by the city recorder for a period of at least three (3) years following the award of any contract pursuant to such bids and for three (3) years following the date of first advertisement or publication of the notice for such bids in the event that all bids received pursuant to such notice are rejected, or the notice for such bids is canceled. (Ord. 10-10, 11-18-2010)