Bellflower Municipal Code Ch. 3.30 Public Works Contracts

This chapter is adopted pursuant to the municipal affairs provisions of the City Charter and Article VII of the City Charter for the purpose of establishing bid procedures for delivering public works projects; identifying projects subject to prevailing wage; and authorizing the City Manager to administer this chapter. This chapter may be used for all public works projects.

(Ord. 1400 § 2, 9/14/20; Ord. 1440, 1/27/2025; Ord. 1441, 2/10/2025)

Unless the contrary is stated or clearly appears from the context, the definitions in Public Contract Code Section 22002 and set forth below will govern the construction of the words and phrases used in this chapter:

"Best value"

means a procurement whereby the lowest responsible bidder is selected based on objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications along with the nature of the goods, supplies, or equipment. The objective criteria to consider are:

Bidder's trustworthiness;

Bidder's quality, fitness, and capacity to satisfactorily perform the work required to be performed by the Project; and

The proposed price.

"City Manager"

means the City Manager or designee. Unless otherwise designated by the City Manager in writing, the Public Works Director will constitute the City Manager's designee for purposes of this chapter.

"Construction manager at risk method"

means a project delivery method in which a construction manager is retained to provide preconstruction services during the design phase of the project and construction services during the construction phase of the project. The contract may be entered into using a qualifications-based selection process or using a selection process that evaluates the best value to the city.

"Design-build method"

means a project delivery method in which both the design and construction of a project are procured from a single entity. The contract may be entered into using a qualifications-based selection process or using a selection process that evaluates the best value to the city.

"Facility"

means any plant, building, structure, ground facility, utility system, real property, streets, alleys, and parking lots, and other public improvement.

"Maintenance projects"

means routine, recurring, and usual work for the preservation, protection, and keeping of any publicly owned or publicly operated facility for its intended purposes in a safe, efficient, and continually usable condition for which it was designed, improved, constructed, altered, or repaired. Maintenance projects include, without limitation:

Routine, recurring, and usual work for the preservation or protection of any city-owned, city-leased, or city-operated facility for its intended purpose.

Minor repainting.

Resurfacing of streets, alleys, and parking lots up to and including one inch.

Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacing plants, and servicing of irrigation and sprinkler systems.

Work performed to keep, operate, and maintain city-owned water and waste disposal systems.

"Prevailing wage law"

means Labor Code Section 1720, et seq. and California Code of Regulations, title 8, Section 16000, et seq., as amended.

"Proposer"

means a corporation, limited liability company, partnership, joint venture, or other legal entity that can provide appropriately licensed services as needed pursuant to a design-build or construction manager at risk contract.

"Public works project"

means any of the following when paid for in whole or in part with public funds:

Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any city-owned, city-leased, or city-operated facility.

Painting or repairing of any city-owned, city-leased, or city-operated facility.

(Ord. 1400 § 2, 9/14/20; Ord. 1440, 1/27/2025; Ord. 1441, 2/10/2025)

A. The City Manager may solicit bids, award contracts up to $100,000, and execute contracts, in a form approved by the City Attorney, for public projects without approval from the City Council. Contracts for public projects costing more than $100,000 may be solicited by the City Manager but must be awarded by the City Council.

B. Should the expenditure be less than or equal to $100,000, the work (including maintenance) may be performed by the employees of the city, by force account, by informal bids from qualified contractors, or by negotiated contract.

C. Regardless of the expenditure amount, the City Manager is authorized to solicit bids for projects identified in the capital improvement plan approved by the City Council and included in the current operating budget without additional City Council authorization. The City Manager is required to bring all recommendations for award exceeding $100,000 to the City Council.

D. Beginning in January 2026, the sums set forth above may be adjusted annually by the Finance Director in consultation with the Public Works Director in writing. Such adjustments must be completed in accordance with the Engineering Construction Cost Index - U.S. City Average as published by the Engineering News-Record. In the event this Cost Index is no longer available, the Finance Director, in consultation with the Public Works Director, must use a similar index that is standard in the industry to account for inflation in any adjustment.

(Ord. 1400 § 2, 9/14/20; Ord. 1440, 1/27/2025; Ord. 1441, 2/10/2025)

Using the design-build and construction manager at risk methods is authorized when the Public Works Director makes a written determination that utilizing such method for a particular public works project will promote efficiency and will not hamper fair competition. Additionally, the City Council must adopt a conflict of interest policy pertaining to such methods. The City Manager may promulgate administrative policies and procedures to implement this authorization and promote fair competition. Procedures must include a requirement for the proposer to list its subcontractors as specified in the procurement package and require the selected contractor to follow a process approved by the city for selection of subcontractors. For design-build contracts the proposer must identify the general contractor, the principal design firm and all design subconsultants.

(Ord. 1440, 1/27/2025; Ord. 1441, 2/10/2025)

A. Pursuant to Government Code Section 830.6, the City Engineer is authorized to approve standard design and construction plans for maintenance projects before work commences.

B. The City Engineer may also exercise discretionary approval for plans or designs for each project identified in the capital improvement plan approved by the City Council in advance of the construction or improvement. Such approval must conform with the following:

1. The City Engineer must determine that design and plans for the capital improvement projects are consistent with the city's standards, guidelines, practices, or otherwise comply with applicable law and engineering standards, guidelines, or practices;

2. Approval must be in writing and be stamped by the City Engineer while exercising his or her discretion in accordance with California law; and

3. The design approval must occur before a solicitation of bids is issued in accordance with this code and before actual construction work construction commences.

C. The City Engineer is authorized to act on the city's behalf in approving any alterations or modifications of approved design and plans.

D. The approval and authorization granted in this section is intended to avail the city of the immunities set forth in Government Code Section 830.6.

(Ord. 1440, 1/27/2025; Ord. 1441, 2/10/2025)

The Public Works Department will maintain a list of qualified contractors, identified according to categories of work. Any licensed contractor requesting to have its name placed on this list must be included. The list may be periodically revised to remove inactive names. A name may be deemed inactive if:

A. Letters addressed to the contractor at its last known address are returned without a forwarding address;

B. The contractor does not obtain plans for, or bid on, a public project for two years;

C. The contractor's license is revoked or suspended by the California State Licensing Board;

D. The contractor removes its name; or

E. For other good cause as determined by the City Manager.

F. Before removing a qualified contractor from the city's bid list, the City Manager must make a good faith attempt to notify the contractor regarding the removal.

(Ord. 1400 § 2, 9/14/20; Ord. 1440, 1/27/2025; Ord. 1441, 2/10/2025)

A. The notice inviting bids must describe the project in general terms, indicate how to obtain more detailed information regarding the project, and state the time and place for submitting bids.

B. Unless the product or service is proprietary, not less than 10 calendar days before the date set for opening bids, the City Manager must notify contractors using one or both of the following methods:

1. Mail notices to each contractor on the list for the category of work to be performed;

2. Mail notices to each of the construction trade journals specified in Public Contract Code Section 22036.

(Ord. 1400 § 2, 9/14/20; Ord. 1440, 1/27/2025; Ord. 1441, 2/10/2025)

A. Bid security is required for all bids on public projects when the Public Works Director estimates that the price will exceed $60,000. Bid security may be a bond issued by a licensed and duly qualified corporate surety, or the equivalent in cash, money order, cashier's check, certified check, unconditional letter of credit, or other form approved by the City Attorney. Nothing in this section prevents the city from requiring bid security on public projects less than $60,000 when the City Manager believes such security is needed to protect the city's interests.

B. Bid security must equal at least 10% of the bid amount.

C. If the notice inviting bids requires a bid security, noncompliance or defective, inadequate, or incomplete security will render the bid nonresponsive.

D. Bid security will be forfeited or paid to the city should the bidder fail to execute a contract within the time specified in the notice inviting bids.

(Ord. 1400 § 2, 9/14/20; Ord. 1440, 1/27/2025; Ord. 1441, 2/10/2025)

The City Clerk, or designee, will publicly open all bids in the presence of one or more witnesses at the time and place specified in the invitation for bids. Late, misplaced, or unsealed bids cannot be considered. If no bids are received, the city may proceed as set forth in Public Contract Code Section 22038.

(Ord. 1400 § 2, 9/14/20; Ord. 1440, 1/27/2025; Ord. 1441, 2/10/2025)

A. Contracts may be awarded to the lowest responsible bidder if the City Manager or City Council considers the bid to be reasonable, sufficient funds are appropriated for the public project, and the bid is the best value to the city.

B. Nothing in this section restricts the city from taking any action set forth in Public Contract Code Section 22038.

(Ord. 1400 § 2, 9/14/20; Ord. 1440, 1/27/2025; Ord. 1441, 2/10/2025)

Contractors awarded a contract under this chapter are required to provide sureties and insurance in forms approved by the City Attorney and conforming with the contract documents.

(Ord. 1400 § 2, 9/14/20; Ord. 1440, 1/27/2025; Ord. 1441, 2/10/2025)

The City Council implements Article VII(C) of the City Charter as follows:

A. The city must pay prevailing wages for public works projects based on the expenditure limits identified in Labor Code Section 1782.

B. Absent a City Council resolution determining otherwise, payment of prevailing wage is not required for an economic opportunity project (see, Government Code Sections 52200 to 52203).

C. The City Council may execute a "project labor agreement" that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in 29 United States Code § 158(f).

D. All public works projects subject to payment of prevailing wage are required to comply with the provisions set forth in Labor Code § 1770, as amended. No public works project subject to payment of prevailing wage may be split or separated into small portions or work orders for the purpose of evading the requirements of this code or California law.

(Ord. 1440, 1/27/2025)

Where abatement of public nuisances constitutes rehabilitation, demolition or repair, or removal of real property including, without limitation, structures or landscaping, or other work as authorized by an abatement warrant, the City Manager is authorized to directly negotiate with a qualified contractor to expeditiously abate the nuisance. Such projects are not public works projects and, accordingly, prevailing wage need not be paid. All abatement costs will be recovered in accordance with this code.

(Ord. 1440, 1/27/2025)