Rocklin Municipal Code § 3.04.010 Purpose and intent

Footnotes:

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Editor's note— Ord. No. 1186, § 3, adopted January 28, 2025, repealed and reenacted Chapter 3.04 in its entirety to read as herein set out. Formerly, Chapter 3.04, §§ 3.04.010—3.04.110 pertained to procurement and derived from Ord. No. 1113, § 3, adopted April 23, 2019.

This Chapter establishes policies and procedures to: (1) procure and contract for the purchase of goods, equipment, supplies, services, public projects, and construction of public works, at the lowest possible cost, commensurate with the quality needed; (2) maximize the purchasing value of all public funds; (3) exercise effective and efficient financial control over such transactions and contracts; (4) clearly define authority for the purchasing and contracting functions; and (5) to assure the quality of purchases, services, and public works.

(Ord. No. 1186, § 3, 1-28-2025)

The provisions of this chapter, as well as any applicable state or federal laws, shall apply to (1) the purchase of equipment, supplies, furnishings, products, or materials ("goods"), (2) the procurement of services, (3) the procurement of professional services; and (4) public works projects (public projects), funded by public funds of the city or other governmental entities. The provisions of this chapter shall not apply to the acquisition or disposition of interests in real property.

(Ord. No. 1186, § 3, 1-28-2025)

Except as set forth below, the following purchases or contracts are exempted from obtaining competitive bids and proposals:

A. Annual Membership Dues. Membership dues for professional organizations and civic organizations that may charge an annual or other membership fees. Such contracts may be entered into and/or membership fees paid at the direction of the city manager, without prior city council approval, provided there is adequate funding allocated in the city budget.

B. Other Contracts. Such other contracts as the city council in their discretion, finds by resolution are not susceptible to the procurement, purchasing, or contracting procedures set forth in this chapter.

(Ord. No. 1186, § 3, 1-28-2025)

The following terms, whenever used in this chapter, shall be construed as follows:

A. "Best value" means the best value to the city based on all factors, including but not limited to: cost; contractor's ability, capacity or skill; ability to perform within the time required; character, integrity, reputation, judgment, experience and efficiency; quality of contractor's performance on previous purchases or contracts, if applicable; and the ability of the contractor to provide future maintenance, repair, parts and Services, if necessary.

B. "Bid" means a written offer to furnish supplies, equipment, material, services, professional services or the construction of public works project, in conformity with the specifications, delivery terms, and conditions required, at a guaranteed maximum cost.

C. "Bid security" means financial security provided to guarantee that a bidder will enter into a contract with the city if a bid is awarded. It may be in the form of cash, cashier's check, certified check, or surety bond, in an amount not less than ten percent of the aggregate amount of the bid or other amount as required by law or determined or approved by the city council.

D. "Goods" means supplies, equipment, products, and materials, including any and all articles, things or personal property furnished to or used by the city or any city department or agency.

E. "Professional services" means work performed by architectural, landscape architectural, engineering, environmental, land surveying, construction project management, and specialized professional services such as financial, economic, accounting, legal, lobbying firms, and other specially trained persons and associated administrative matters. The selection of persons or firms to provide such professional services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Price may be considered after making a determination based upon professional qualifications.

F. "Public project" (also referred to as "public works project" or "public works") shall have the same meaning provided in Section 22002 of the Public Contract Code, as may be amended from time to time. Public project does not include "maintenance work," which, for purposes of this chapter, has the same meaning as provided in Section 22002 of the Public Contract Code, as may be amended from time to time.

G. "Purchase order (PO)" means a document memorializing a purchase of goods, procurement of services, professional services, or public projects from a vendor or authorizing the payment of funds for a purchase or service.

H. "Quote" means a verbal or written promise from a vendor, contractor, business, or consultant guaranteeing to provide certain goods, services, professional services, or public projects for a fixed price.

I. "Request for proposal" or ("RFP") means a solicitation for competitive proposals that state the technical specifications, requirements, and outcomes for the services desired, including the price thereof.

J. "Request for qualifications" or ("RFQ") means a request seeking a written presentation of the professional qualifications and experience of a proposed consultant, vendor, business or contractor.

K. "Services" means the furnishing of labor, time or effort to perform or complete a designated task project. Some parts and goods may be provided by service providers that are necessary and integral to the completion of the contracted services. Some examples of services include janitorial, landscaping, and pest control. The emphasis is on physical, rather than professional/intellectual capabilities. Services do not include public projects, public works projects, construction, utility services, insurance services, professional services, services rendered by city officers or employees, or another governmental agency, or contractual services which are in their nature unique or not subject to competition.

L. "Vendor" means a supplier of goods, services, professional services, or public projects. A vendor may also be referred to generally as a consultant, contractor, or business, except that with respect to public projects, the term contractor has the meaning ascribed to it in the Public Contract Code and other applicable law.

(Ord. No. 1186, § 3, 1-28-2025)

A. The city manager is the city's purchasing officer, and with the exception of contracts for legal services, supervises the purchasing and contracting functions described in this chapter. The purchasing officer is responsible for the overall administration of the requirements and policies codified in this chapter. The purchasing officer may delegate authority, in writing, to department directors (designee) within the city to purchase certain goods, services, or professional services, when such a delegation is necessary for the efficient procurement of goods, services, or construction and provided that the exercise by the designee of such delegated authority otherwise complies with this chapter.

B. The city attorney is the city's purchasing officer for all contracts for legal services.

(Ord. No. 1186, § 3, 1-28-2025)

A. Authority of the City Manager. The city council hereby authorizes the city manager to execute any contract up to seventy-five thousand dollars in total compensation, subject to approval as to legal form by the city attorney, the availability of funds, and compliance with this chapter.

B. Contracts for Legal Services. Contracts for legal services may be executed by the city attorney for up to one hundred thousand dollars for terms of up to five years or until the conclusion of all matters assigned to the outside law firm under the subject contract, whichever date is later.

C. Award of contract by City Council. Unless otherwise provided in this chapter or applicable city council resolution, all contracts for an amount exceeding seventy-five thousand dollars must be authorized by the city council.

D. Informal Solicitation of Bids, Proposals, and Small Purchases. Contracts for goods or services for an amount up to seventy-five thousand dollars may be made in accordance with the informal solicitation and small purchase procedures authorized in this section.

1. Informal Bids or Quotes. No fewer than three businesses shall be solicited to submit bids or quotes. Award shall be made to the business offering the lowest responsive quote or bid.

2. Small Purchases of up to ten thousand dollars. At the discretion of the purchasing officer, purchases of up to ten thousand dollars may be made on the open market without competitive (formal) or informal solicitation, bids or quotes, or request for proposals.

(Ord. No. 1186, § 3, 1-28-2025)

Contracts for professional services not conducive to bidding including, but not limited to, accountants, appraisers, archaeologists, architects, attorneys, consultants, engineers, physicians, and real estate brokers may be awarded using a request for proposal process, without formal or other bids, as provided in this section, or may be awarded on the basis of responses to informal bids or request for qualifications.

A. Responses to a request for proposals, or statements of qualifications, shall include the following information: scope of work; plans and specifications, if applicable; time; schedule; cost; rates, if applicable; insurance requirements; and list of key individuals or employees who will be assigned to the project, and their qualifications; and any other information the city may wish in its discretion to include.

B. Proposals will be reviewed and evaluated according to: experience and expertise in the field; quality of consultant's work; ability of firm or consultant to meet project deadlines; demonstrated competence necessary for the performance of the services required; professional qualifications; overall cost of the service; and past performance on similar projects.

C. Prior to selecting a service provider, the city may engage in discussions and negotiations with one or more parties submitting proposals to refine the proposals, negotiate the terms of proposals, or negotiate the fees, charges or other elements of the proposals.

D. In the event there is only one individual or firm that can provide or is especially suited to providing the required professional service in a timely manner, the purchasing officer may waive the requirements for solicitation of multiple proposals.

(Ord. No. 1186, § 3, 1-28-2025)

Either the formal bid (competitive sealed bid) process, or request for proposal process, shall be used for the purchase of goods, equipment, or procurement of services in an amount more than seventy-five thousand dollars, except that the limit for public works projects requiring formal bids is set forth in section 3.04.120.

A. Invitation and Notice. A bid invitation and the public notice inviting bids shall be issued and shall state the project to be done; include a general description of the work to be bid; the place the bids are to be received and the time by which they shall be received; the type and character of bidder's security required, if any; where bidding forms and project documents, including final plans and specifications may be obtained; whether there will be a mandatory pre-bid conference, site visit, etc.; and the time and place for opening bids. In addition to the foregoing, contracts for public works projects requiring formal bids shall also comply with the following requirements: The notice inviting formal bids for a public works project shall be published at least fourteen calendar days before the date of opening the bids in a newspaper of general circulation, as that term is defined and used in California Public Contract Code Section 22037. Such notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in California Public Contract Code section 22036 at least fifteen calendar days before the date of opening the bids.

B. Bid Opening. Bids shall be submitted to the city clerk and shall be identified as bids on the envelope. Bids shall be opened publicly in the presence of one or more witnesses at the place and not earlier than the time designated in the invitation for bids. The tabulation of all Bids received shall be open to public inspection after the bid opening.

C. Bid Evaluation and Acceptance. Bids received at or prior to the time set for bid opening shall be unconditionally accepted without alteration or correction, except as authorized in this chapter. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose, and other appropriate factors as determined by the city in its discretion. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The invitation for Bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the invitation for bids. City may waive any informality, irregularity, immaterial defects or technicalities in any bid or response.

D. Correction or Withdrawal of Bids. Subject to any provisions of federal or state granting authorities to the contrary, correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, shall be in accordance with this section. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the manner designated in the invitation for bids prior to the time set for bid opening. After bid opening, no corrections to bid or provisions shall be permitted but, in lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if allowed pursuant to applicable law or: (a) the mistake is clearly evident on the face of the bid document, or (b) the bidder submits evidence that clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids shall be supported by a written determination made by the city.

E. Award. The contract shall be awarded to the lowest responsive and responsible bidder following the process of selecting the bid that meets the requirements and criteria set forth in the invitation for bids, this chapter, and applicable law.

(Ord. No. 1186, § 3, 1-28-2025)

Purchases of services of an estimated value greater than seventy-five thousand dollars shall be awarded in accordance with this section or by formal bid, excepting legal services and public works projects.

A. Request for Proposals and Notice. A notice requesting proposals ("RFP") shall be issued and shall include a general description of the services to be procured, shall state where proposal forms and specifications may be obtained and the time and place for the delivery of proposals.

B. Evaluation Factors. The RFP shall identify all evaluation factors that will be used by the city, and the relative importance of the evaluation factors, including price.

C. Interviews with Responsible Vendors and Revisions to Proposals. The city may, at its sole discretion, conduct interviews and negotiations with vendors whose proposals are responsive to the RFP, for the purpose of gaining full understanding of the proposal contents. Vendors shall be accorded consistent treatment with respect to any opportunity for discussion and revision of proposals. Such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing vendors or any information derived from proposals submitted by competing vendors prior to the conclusion of contract negotiations and final acceptance of contract terms and conditions, unless otherwise required by law or court order.

D. Award. Award shall be made to the responsible vendor whose proposal is determined in writing to be the most advantageous to the city, taking into consideration the evaluation factors, including price, set forth in the RFP. No other factors or criteria shall be used in the evaluation.

E. Requests for Qualifications. A request for qualifications ("RFQ") is a document may be distributed before or separate and independent from initiation of the RFP process to gather vendor information from multiple companies to generate a pool of prospects and facilitate the RFP review process by identifying candidates which meet desired qualifications. An RFQ may be issued and shall include a general description of the qualifications desired and the services to be procured, shall state where forms and further information may be obtained, and the time and place for the delivery of responses.

(Ord. No. 1186, § 3, 1-28-2025)

The solicitation and competitive processes identified in this chapter, including but not limited to sections 3.04.050, 3.04.060, 3.04.070, 3.04.080 and 3.04.120 shall not apply in the following circumstances.

A. Emergency.

1. In the case of an emergency, the city, by resolution with a four-fifths vote of the city council, may declare that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, professional services, public works projects, and supplies for those purposes without giving notice for bids or pursuing a RFP or other competitive procurement process. This emergency determination shall be made by the city manager. The city manager is hereby delegated the authority to order any action pursuant to the foregoing provisions of this paragraph. The city manager shall provide a report to the city council at the times and frequency required by Public Contract Code Section 22050 of the basis for the emergency purchase or procurement, and for the selection of the particular vendor or contractor, and if the city council determines that the emergency purchase or procurement was warranted, the city council will be requested to ratify the contract. If the city manager orders any action pursuant to the authority as specified herein, then the city manager shall report to the city council at the times and frequency required pursuant to Section 22050 of the Public Contract Code, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency and to allow the city council to determine, by a four-fifths vote, that there is a need to continue the action, unless the city manager has terminated that emergency action prior to the city council's reviewing of the emergency action and making a determination pursuant to this paragraph. The emergency action shall be terminated at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids or other applicable procurement process to let contracts.

2. To the extent applicable and required in connection with a particular project, transaction, funding source, or emergency, the city will adhere to federal standards in an emergency or exigent circumstance (as defined by federal law):

i. Contracts will include the required contract clauses (2 C.F.R. 200.326 and Appendix II).

ii. Contracts will include the federal bonding requirements if the contract is for construction of facility improvement (2 C.F.R. 200.325).

iii. Contracts will be awarded to a responsible contractor (2 C.F.R. 200.318(h).

iv. Cost or price analysis will be performed to determine that the cost or price of the contract is fair and reasonable (2 C.F.R. 200.323):

a. Before receiving bids or proposals, city staff will perform a cost or price analysis to make independent estimates. The method and degree of analysis will be dependent on the facts surrounding the particular procurement situation.

b. The city will negotiate profit as a separate element of the price for each contract in which there is no price competition, and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

c. Costs or prices based on estimated costs for contracts are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be otherwise allowable.

v. The use of cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used (2 CFR 200.323(c)(d)).

vi. Time and materials contracts (2 CFR 200.318(j)).

a. Time and materials contracts are allowed only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. City will assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. The contract will include language specifying the ceiling price and limiting duration of the contract.

vii. Piggybacking is allowed for the period of the emergency circumstance.

viii. For all work that is not of a short duration, the existing competitive procurement procedures apply.

B. Sole Source (No Competitive Advantage by Soliciting Bids). A contract may be awarded without competition when the city manager determines in writing, after conducting a good faith review of available sources, that there is only one source for the required goods, services, professional services, public projects, or construction item. In the case of contracts exceeding the city manager's authority as set forth in subsection 3.04.050(A), the sole source determination shall be made by the city council. A statement of the basis for the sole source determination shall be provided to the city clerk along with the fully-executed contract.

C. Cooperative Purchasing. The city is authorized to enter into cooperative purchasing arrangements with other governmental entities (i.e., joint power authorities) without separate competitive bidding by the city if a governmental agency has solicited bids and awarded a contract for the goods, services, professional services, or public projects which the city desires to obtain, and participation in such an arrangement is agreeable to the bidder awarded the contract. A contract or purchase order directly between the city and the vendor is required for the purchase of goods, procurement of services, professional services, or public projects rendered through a cooperative purchasing arrangement.

D. Piggyback Purchasing. Piggyback contracting occurs when the law authorizes a governmental entity to purchase goods, services, professional services, or public projects from a vendor who was awarded a contract from the federal, state, or local government entity through a competitive bid process, and the vendor agrees to make the goods or services available at the same price to the city. The city is authorized, without prior competitive bidding, to contract for the purchase of goods, procurement of services, professional services, or public projects with vendors who have been awarded contracts by government agencies (including, but not limited to, California Multiple Award Schedule (CMAS) contracts), for the purchase of goods, procurement of services, professional services, or public projects under the competitive processes applicable to the government agency. A contract or purchase order directly between the city and the vendor is required for the purchase of goods, procurement of services, professional services, or public projects rendered through a piggyback purchasing arrangement.

E. Exemptions. Although competitive procurement is strongly encouraged for all contracts, the following types of contracts may be awarded without competitive procurement:

1. Utility services and related charges.

2. Contracts for governmental or proprietary services provided by or with another governmental entity or quasi-public entity.

3. Real property purchases, leases, and related title and escrow fees.

4. Transportation and freight charges when not specifically indicated on a purchase order.

5. Insurance and bond premiums.

6. Advertisements in newspapers, including newspapers of general circulation, or other periodicals.

7. Works of art.

8. Professional services contracts (such as, but not necessarily limited to, environmental consultants) which are completely funded by private development applicants.

9. Purchases of books, periodicals, newspapers, trade journals and other publications.

10. Courier, delivery, messenger, medical payments, court fees, petty cash replenishment, property rentals, subscriptions, or trade circulars or books.

11. Purchase of gasoline, oil, or other automobile care products in connection with the immediate use or emergency repair of city vehicles.

12. Membership dues in professional organizations, conventions, training, travel arrangements, including hotels, car rentals, and air fare.

13. With respect to purchases and non-public works contracts that are otherwise within the delegated authority of the purchasing officer, when the city manager, after consultation with the city attorney, determines in writing that special circumstances would cause the implementation of the competitive bidding or other informal or formal bidding or competitive procurement process infeasible, impractical, or otherwise not in the best interest of the city.

14. After the city has completed the applicable steps in accordance with this chapter to procure a particular contract or purchase, without receiving any qualified responses or viable proposals, and determines that the goods or services are still needed.

15. When the city council, by a majority vote, finds that the city's interests will be served by waiving the requirements of this chapter for an individual contract.

16. When a specialized bidding process is required by applicable state or federal law and the city abides by that bidding process.

(Ord. No. 1186, § 3, 1-28-2025)

The following general policies shall apply, if applicable, to: (1) the purchase of goods, (2) the procurement of services, (3) the procurement of professional services, or (4) public works projects.

A. Purchase Orders. Except for purchases made with a city purchase card or using an accounts payable expense form, a purchase order must be completed for the purchase of goods, or the procurement of services, professional services, and for public works projects, in order to encumber the expenditure against the budget.

B. Insurance. A vendor is required to provide insurance certificates and endorsements. Generally, the types of insurance, amount of coverage, and policy endorsements shall be consistent with the recommendations of city's third-party insurance administrator(s) and the city manager, or city manager's designee. The city manager or designee may waive or reduce the insurance requirements for contracts that do not exceed seventy-five thousand dollars and the basis for any waiver or reduction shall be documented. The city council may waive or reduce the insurance requirements for contracts at their discretion, when city council approval of a contract is required.

C. Structuring and Splitting. The structuring or splitting of the purchase of goods, procurement of services, professional services, or public works projects, to avoid any applicable contract authorization limits is prohibited.

D. Delegation of Contracting Authority.

1. The city council retains all contracting authority not specifically delegated in this chapter or by adopted resolution or policy.

2. Any delegation of contracting authority contained in these policies shall only be exercised (a) in accordance with state law, city ordinances and adopted City policies and procedures, as applicable, and (b) only if adequate funds have been included in the approved City budget for the applicable year or otherwise appropriated by the city council.

E. Local Vendor Bid Matching Opportunity.

1. Purchasing goods and services from local vendors is desired because it stimulates the local economy and recognizes local vendors as valued members of the Rocklin community. If the lowest bid submitted is not from a local vendor, but one or more local vendors submitted a bid that is within five percent of the lowest bid, the local vendor(s) shall be given an opportunity to match the lowest bid. After reviewing bids, the city will give notice to the local vendor with the lowest bid among those within five percent of the lowest bid will be offered the opportunity to match the lowest bid. Should the initial local vendor decline to match the lowest bid, the opportunity will be extended sequentially to the next lowest local vendor within five percent of the lowest bid, and so forth, until no local vendors remain eligible or willing to match the lowest bid.

2. The local vendor bid matching opportunity does not apply to public works projects, purchases procured under federal or state requirements, or cooperative or piggy-back purchases through other governmental agencies.

3. The term "local vendor" means a vendor that has a valid City of Rocklin business license for a location within the incorporated Rocklin City limits, and employs at least one full time employee located at the Rocklin address.

F. Business License. Persons and organizations are required to obtain a city business license if they are conducting business or any gainful activity within the city, whether or not they are located in the city limits. This requirement does not apply if the vendor's sole business activity is pursuant to a contract with the city for professional services or similar consultant services, as set forth in chapter 5.04, business licenses.

G. Multi-Year Contracts. Unless otherwise approved by the city council, a contract for goods or services may be entered into for any period of time deemed to be in the best interest of the city, up to a maximum of five years, provided that the term of the contract and renewal provisions are included in the original solicitation process. The contract must allow the city to cancel the agreement without penalty if the city council does not appropriate funds after the first year of the contract. Except for legal services agreements, prior to contract renewal, amendment, or extension beyond a five-year term, departments must conduct competitive procurement in accordance with this chapter. The city manager may authorize an exception to this re-bid requirement for good cause, which shall be documented and maintained by the department as set forth in subsection (K) "Recordkeeping" below.

H. Encumbrance of Funds. Except in cases of emergency, or by order of the city council, purchase orders shall not be issued and purchases shall not be made unless there exists an unencumbered appropriation in the proper account against which the purchase is charged.

I. Cancellation of Invitations. An invitation for bids, RFP, or RFQ, may be cancelled, or any or all bids or proposals or quotes may be rejected in whole or in part as may be specified in the solicitation. Each solicitation issued by the city may be cancelled and any bid or proposal may be rejected in whole or in part at the city's discretion with or without a showing of good cause.

J. Unlawful Purchases or Contracts. If any officer or employee purchases or contracts for any goods or services contrary to the provisions of these policies, such purchase order or contract shall be void and of no effect.

K. Recordkeeping. Each department is responsible for maintaining its own purchasing and contracting records, including RFP and bidding documentation, pursuant to the city's current record retention policy. All original procurement contracts, along with a digital copy of RFP and bidding documentation, must be provided to the city clerk for safekeeping/recordkeeping purposes. Copies of contracts are acceptable when the original is not available or when contracts are digitally signed.

L. Electronic Notices and Bidding. To the extent allowed by law, the city may issue bid invitation and related notices and may receive bids and supporting materials on public works or other contracts over the internet, online, or by electronic means.

M. Electronic and Digital Signatures. In any transaction or contract between the city and a vendor, the city and vendor may use and accept an electronic signature, provided the electronic signature complies with applicable law and city policy. The city manager or designee shall determine the documents for which the City may use and accept electronic or digital signatures. The city manager or designee shall determine acceptable technologies and vendors to ensure the security and integrity of any data and signatures. In determining which technologies and vendors are acceptable for digital signatures, the city manager or designee shall comply with applicable regulations, including, but not limited to, ensuring that the level of security used to identify the signer of a document and the level of security used to transmit the signature are sufficient for the transaction being conducted.

N. City Attorney Contract Review. The city attorney shall approve, as to form and legality, all contracts in excess of ten thousand dollars, including amendments to contracts, prior to the execution of the contract. City attorney approval on change orders to public works projects is not required, but may be requested, at the discretion of the city manager responsible for the public works project. The city attorney may, in his or her discretion, designate or assign the assistant city attorney, or outside legal counsel, to perform the city attorney duties and functions of approving and signing contract documents required by this paragraph.

(Ord. No. 1186, § 3, 1-28-2025)

A. All city departments shall submit to the purchasing officer, at such times and in such form as the purchasing officer shall prescribe, reports showing all supplies, materials and equipment which are no longer needed or which have become obsolete or worn out. The purchasing officer shall have authority to sell all supplies, materials and equipment which cannot be used or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. For items valued in excess of seventy-five thousand dollars, such sales shall be made by solicitation of informal bids/written offers for purchase. If there are no bids, the property may be sold at private sale or disposed of in the manner most economically beneficial to the city.

B. The provisions of subsection A notwithstanding, supplies and equipment which are determined by the city manager or designee to be no longer useable by the city that may be needed and useable by another public entity or public utility providing Services for the benefit of Rocklin residents, may be offered for sale to such entities at a price determined by the city manager or designee to be equitable to the purchaser and city. Such items may also be donated to charity or nonprofit organizations.

C. The amount received for any property sold pursuant to this chapter shall be deposited in the general fund or other fund so designated by the purchasing officer.

D. Except as provided by state code, the purchasing officer shall determine the disposition of unclaimed or abandoned property in the possession of the police department.

(Ord. No. 1186, § 3, 1-28-2025)

The city elects to be subject to the Uniform Public Construction Cost Accounting Act (UPCCAA) as set forth in Section 22000, et seq., of the California Public Contract Code (UPCCAA). Public works contracts, including contracts for public projects, are governed by the California Public Contract Code and this chapter of the Rocklin Municipal Code.

A. Public Projects of Seventy-Five Thousand Dollars or Less. Public projects of seventy-five thousand dollars or less, or in such sum as may be authorized by California Public Contract Code Section § 22032(a), as may be amended from time to time, may be performed by the employees of the city by force account, by negotiated contract, or by purchase order.

B. Public Projects of Two Hundred Twenty Thousand Dollars or Less. Public projects of two hundred twenty thousand dollars or less, or in such sum as may be authorized by California Public Contract Code Section § 22032(b), as may be amended from time to time, may be let to contract by informal procedures as set forth in Section 22034 of the UPCCAA.

C. Contractors List. A list of contractors, identified according to categories of work, shall be developed and maintained in accordance with the provisions of California Public Contract Code Section § 22034 and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

D. Notice Inviting Informal Bids.

1. Where a public project is to be performed which is subject to the informal bids provisions of this chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid as shown on the list developed in accordance with the contractors list provision set forth herein, or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with California Public Contract Code Section § 22036, or to all of those shown on the above-referenced contractors list and the construction trade journals; provided, however, that if the product or service is proprietary in nature such that the city determines it can only be obtained from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

2. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.

3. All mailing of notices to contractors or construction trade journals shall be completed not less than ten calendar days before bids are due. For the purpose of this section, "mailing" shall include deposit with the United States Postal Service or equivalent delivery services, electronic mail or other electronic means, facsimile transmissions, or personal service.

E. The city council may delegate the authority to award and execute informal contracts for public projects of two hundred twenty thousand dollars or less or as otherwise authorized by California Public Contract Code 22032(a) or (b), as may be amended from time to time, to the city manager or designee.

F. If all bids received are in excess of two hundred twenty thousand dollars, the city council may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred thirty-five thousand dollars or less, or in such sum as may be authorized by California Public Contract Code Section § 22034(d), to the lowest responsible bidder, if it determines the cost estimate of the city was reasonable.

G. Public Projects of More Than two hundred twenty thousand dollars. Public projects of more than two hundred twenty thousand dollars, or in such sum as may be authorized by California Public Contract Code Section § 22032(c), shall, except as otherwise provided in the UPCCAA, be let to contract by formal bidding (competitive sealed bid) procedure.

H. Bonds.

1. For public works projects, bids must include bid security in the form required by state law. The city may require a bid bond with any bid, or a performance bond before entering into a contract, in such amount as it finds reasonably necessary to protect the best interests of the city. The form and amount of any bond shall be described in the notice inviting bids.

2. The city shall require a payment bond, for one hundred percent of the amount of the contract on public works projects in excess of twenty-five thousand dollars, unless the law authorizes an alternative amount.

I. In Cases of Emergency. In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two. If, due to the emergency, no notice for bids to let a contract will be given, the city will comply with Public Contract Code Section 22050, as may be implemented by the city from time to time.

J. Rejection of Bids. In its discretion, the city may reject any bids presented in accordance with Section 22038 of the UPCCAA.

(Ord. No. 1186, § 3, 1-28-2025)