Chapter 13.30
CONTRACTS FOR PUBLIC IMPROVEMENTS
Sections:
13.30.010 Contracts for public improvements or public works projects.
13.30.020 Exceptions to requirements for bidding.
13.30.030 Contracts for construction of Class C roads.
13.30.040 Class C roads – Construction and maintenance.
13.30.050 Performance and payment bonds required of contractors.
13.30.010 Contracts for public improvements or public works projects.
(A) Bidding Requirements. Whenever the City Council shall contemplate making any new improvement to be paid for out of City funds, the City Council shall cause plans and specifications for and an estimate of the cost of the improvement to be made. If the estimated cost of such improvement shall be less than the bid limit of $125,000 as established by Section 11-39-101, Utah Code Annotated 1953, for the year 2003 and increasing each year thereafter as calculated therein, the City may make such improvement without calling for bids for making the same. If the estimated cost of such proposed improvement shall exceed the bid limited as calculated in Section 11-39-101, Utah Code Annotated 1953, the City shall, if it determines to proceed with the building improvement or public works project, request bids for completion of the building improvement or public works project by publishing notice at least twice in a newspaper of general circulation in the City at least five days before opening the bids. Each notice under this section shall indicate that the City may reject any or all bids submitted.
Except as provided in subsection (C) of this section, the City shall enter into a contract for the completion of the building improvement or public works project with the lowest responsive responsible bidder.
(B) Dividing the Cost of a Public Improvement or Public Works Project. The cost of the building or public works project may not be divided to avoid exceeding the bid limit and subjecting the City to the requirements of this section. The City may divide the cost of a building improvement or public works project that would, without dividing, exceed the bid limit if the City complies with the requirements of this section with respect to each part of the building improvement or public works project that results from dividing the cost.
(C) Rejecting Bids. The City may reject any or all bids submitted. If the City rejects all bids submitted but still intends to undertake the building improvement or public works project, the City shall again request bids by following the procedure provided in this section. If, after twice requesting bids by following the procedure provided in this section, the City determines that no satisfactory bid has been submitted, the City Council may undertake the building improvements or public works project as it considers appropriate. [Ord. 06-10 § 4; Code 1971 § 3-6-1.]
13.30.020 Exceptions to requirements for bidding.
(A) The requirements for bidding do not apply to emergency repairs; a building improvement or public works project if the estimated cost is less than the bid limit; or the conduct or management of any of the departments, business, or property of the City.
(B) This section may not be construed to limit the application of SCC 13.30.010 to an improvement project that would otherwise be subject to bidding requirements. [Ord. 06-10 § 4; Code 1971 § 3-6-2.]
13.30.030 Contracts for construction of Class C roads.
(A) Class C roads are City streets. With respect to Class C road construction, the City Council shall follow the rules outlined in SCC 13.30.010 and 13.30.020 and as regulated by Section 72-6-109, Utah Code Annotated 1953. The following types of maintenance work are not subject to the contract or bid limit requirements: the repair of less than the entire surface by crack sealing or patching and road repairs incidental to the installation, replacement, or repair of water mains, sewers, drainage pipes, culverts, or curbs and gutters.
(B) If the estimates of a qualified engineer are substantially lower than any responsible bid received or in the event no bids are received, the City may perform the work by force account. In no event shall “substantially lower” mean estimates that are less than 10 percent below the lowest responsible bid. If an improvement project is performed by force account the City shall follow the regulations of Section 72-6-109(3)(b), Utah Code Annotated 1953. [Ord. 06-10 § 4; Code 1971 § 3-6-3. Formerly Code 1971 § 3-6-2.]
13.30.040 Class C roads – Construction and maintenance.
(A) “Construction” is defined as that work which would apply to:
(1) Any new roadbed either by addition to existing systems or relocation or change of grade of existing road;
(2) Resurfacing of existing roadways with more than a two-inch blanket;
(3) New structures or replacement of existing structures except the replacement of drainage pipe; or
(4) Any single project of improvement to an existing bridge or roadway, the estimated cost of which exceeds $25,000 for labor or materials.
(B) “Maintenance” means the keeping of a road facility in a safe and usable condition to which it was constructed or improved and includes:
(1) The reworking of an existing surface by the application of up to and including a two-inch blanket;
(2) The installation or replacement of signs, signals, safety devices, guard rails, seal coats and culverts;
(3) Grading or widening of an existing unpaved road or flattening of shoulders or side slopes to meet current width and safety standards; and
(4) Horizontal or vertical alignment changes necessary to bring an existing road in compliance with current safety standards. [Ord. 06-10 § 4; Code 1971 § 3-6-4. Formerly Code 1971 § 3-6-3.]
13.30.050 Performance and payment bonds required of contractors.
Before any contract for the construction, alteration, or repair of any public building or public work or improvement of the City or of any officer, board, commission, institution, or agency of the City is awarded to any person, he shall furnish to the City, or to such officer, board, commission, institution, or agency thereof, bonds which shall become binding upon the award of the contract to such person, who is hereinafter designated as “contractor”:
(A) A performance bond satisfactory to the City shall be required that is in an amount equal to 100 percent of the price specified in the contract and is executed by a surety company authorized to do business in this state or any other form satisfactory to the City.
(B) A payment bond satisfactory to the City shall be required that is in an amount equal to 100 percent of the price specified in the contract and is executed by a security company authorized to do business in this state or any other form satisfactory to the City, which is for the protection of each person supplying labor, service, equipment, or material for the performance of the work provided for in the contract.
It shall be illegal for the invitation for bids, or any person acting or purporting to act on behalf of the City to require that such bonds be furnished by a particular surety company, or through a particular agent or broker. [Ord. 21-30 § 1 (Exh. A); Ord. 06-10 § 4; Code 1971 § 3-6-5. Formerly Code 1971 § 3-6-4.]
13.30.060 Protests.
(A) An unselected bidder for a project under this chapter may file a protest with the City within seven days of the following:
(1) If the bidder was disqualified, from the date of bid opening; or
(2) If the bid was considered but not selected, within seven days of the date of selection by the official or body that awarded the bid.
(B) The protest shall be delivered to the City Recorder, and shall include the following:
(1) The protester’s name, mailing address and email address; and
(2) A concise statement of facts and evidence supporting the protestor’s claim of aggrievement and providing grounds for the protest.
(C) A protest may only be considered if it contains facts and evidence that, if true, would establish:
(1) A violation of this chapter or other applicable laws;
(2) The City failure to follow a provision of the request for bids or proposals;
(3) An error made by the evaluation committee or conducting procurement unit;
(4) Bias exercised by an evaluation committee or member of that committee, except bias arising during the evaluation process due to the bid response;
(5) Failure to correctly apply or calculate the scoring criteria; or
(6) Specifications in the solicitation were unduly restrictive or unduly anticompetitive.
(D) A protest may not be based upon vague or unsubstantiated allegations, failure of the bidder to attend a mandatory conference, meeting or site visit, or any other error on the part of the bidder.
(E) Protests are referred to the City Council for a hearing during a business or special meeting, with notice of that hearing provided to the protestor and the successful bidder at least seven days prior to the hearing.
(F) The Council’s review of the evidence shall be limited to items listed in subsection (C) of this section, and the protestor bears the burden of producing clear and convincing evidence sufficient to result in the invalidation of the bid process. The Council may not award a bid as part of a bid protest; invalidation is the only remedy available. [Ord. 21-11 § 2 (Exh. A).]