§ 8-3.102. Contracting Authority.

The City Manager may approve and authorize all contracts and purchase orders involving an expenditure of City funds in the total amount of fifty thousand dollars ($50,000.00) or less. Except as noted below, no contract involving an expenditure in excess of fifty thousand dollars ($50,000.00) may be authorized, approved or executed without City Council approval. The fifty thousand dollars ($50,000.00) limit set forth in the preceding sentences does not apply to the following:

(a)

Contracts for public works projects consisting of the improvement or modification of traffic signals or signal systems including those street improvements which are incidental to or related to the improvement or modification of the traffic signal. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of two hundred fifty thousand dollars ($250,000.00) or less.

(b)

Contracts for public works projects consisting of the construction, improvement, repair, expansion, renovation or modification of any facilities funded by a Mello-Roos Community Facilities District and involving an expenditure of district facility taxes in the amount of three million dollars ($3,000,000.00) or less. The District Administrator may approve and authorize all contracts for such projects.

(c)

Contracts for public works projects consisting of the maintenance, repair, replacement, and improvement of existing water lines. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of three hundred thousand dollars ($300,000.00) or less.

(d)

Contracts for public works projects consisting of the installation and establishment of water service connections associated with new development. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of seventy-five thousand dollars ($75,000.00) or less.

(e)

Contracts for public works projects consisting of repairs determined by the City Manager to be of urgent necessity for the preservation of life, health, or property. The City Manager may approve and authorize all contracts for such projects in the amount of two hundred thousand dollars ($200,000.00) or less. Within ten (10) days of the authorization for any such work, the City Manager shall report to the City Council the circumstances of the emergency.

(f)

Contracts for public works projects consisting of the construction, improvement, repair, expansion, renovation, or modification of any facilities associated with development and installed by the developer provided:

(1)

That an agreement is approved by the City Council prior to commencement of construction of the works.

(2)

The agreement clearly defines the work to be done and the basis for reimbursement.

(3)

That total reimbursement required by the agreement is less than four hundred thousand dollars ($400,000.00) in City funds.

(g)

Contracts for public works projects consisting of the installation, construction, and improvement, of the Coffee-Claratina Dual Use Neighborhood Park/Storm Basin in the City of Modesto. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of one million five hundred thousand dollars ($1,500,000.00) or less.

(h)

Contracts for public works projects consisting of the installation and construction of any upgrade and/or rebuild of the City's institutional network (INET). The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of four million two hundred thousand dollars ($4,200,000.00) or less.

(i)

Contracts for public works projects consisting of those improvements to the South Modesto water system identified in that certain technical memorandum prepared by West Yost and Associates dated October 17, 2005, as amended on November 7, 2005, for the benefit of the Galas Brothers Unit II Project bounded by Hatch Road, Estrella Way, Ironside Drive, Salazar Circle and Monticello Lane in the City of Modesto and any incidental work thereto. The City Manager may approve and authorize all contracts for this project involving a total expenditure of City funds not to exceed two million five hundred thousand dollars ($2,500,000.00) or less.

(j)

Contracts for public works contracts consisting of the purchase, installation and replacement of water meters including an automated water meter reading (AMR) system and infrastructure work in conjunction with the system-wide water metering program. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of five million dollars ($5,000,000.00) or less annually.

(k)

Contracts for paving and landscaping work to be done by City forces at the City's traffic operations facility located at 117 Elm Street in the amount of one hundred thousand dollars ($100,000.00) or less.

(l)

Contracts for public works projects consisting of the design, purchase and installation of water lines and associated equipment used to blend down contaminants at water well sites in the amount of one million five hundred thousand dollars ($1,500,000.00) per project.

(m)

Contracts for public works projects consisting of additions and/or expansion of facilities and structures at John Thurman Field not to exceed two million four hundred thousand dollars ($2,400,000.00) per project.

(n)

Contracts for work done by City forces to repair, replace and improve water lines and associated appurtenances for the McHenry Avenue Water System Upgrade Project in the amount of four hundred fifty thousand dollars ($450,000.00) or less.

(o)

Contracts for work done by City forces to repair, replace and improve water lines and associated appurtenances for the 9 ^th Street Water Main Replacement Project in the amount of five hundred eighty-five thousand dollars ($585,000.00) or less.

(p)

Contracts for public works projects consisting of bus stop improvements at various locations on the Modesto Area Express route system. The City Manager may approve all contracts for such projects in the amount of six hundred seventy-five thousand dollars ($675,000.00) or less annually.

(q)

Contracts for work done by City forces consisting of roadway and intersection improvements on Oakdale Road between Claratina Avenue and Mable Avenue in the amount of one hundred forty thousand dollars ($140,000.00) or less.

(r)

Contracts for work done by City forces to repair, replace and improve water lines and associated appurtenances for the Del Rio Water Main Replacement Project in the amount of three hundred ninety thousand dollars ($390,000.00) or less.

(s)

Contracts for public works projects consisting of energy efficient improvements to City facilities that are funded through the American Recovery and Reinvestment Act (ARRA) of 2009, Energy Efficiency and Conservation Block Grant (EECBG) Program. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of six hundred thousand dollars ($600,000.00) or less.

(t)

Contracts for public works to purchase and construct a police officer memorial and associated appurtenances at the Modesto Police Headquarters in the amount of one hundred twenty-five thousand dollars ($125,000.00) or less.

(u)

Contracts for public works projects consisting of the design, purchase and installation of water mains and associated appurtenances used to upgrade the water system in the Airport Neighborhood service area in the amount of one million four hundred five thousand one hundred sixty-six dollars ($1,405,166.00) or less.

(v)

Contracts for public works projects consisting of the design, purchase and installation of street lights and associated appurtenances used to upgrade the street lighting throughout the City in the amount of four million dollars ($4,000,000.00) or less.

(w)

Contracts for work done by City forces in the design, purchase and installation of Tenth Street improvements between I and J Streets consisting of irrigation, storm drain, stamped concrete, street trees, planters, and electrical improvements and associated appurtenances. Improvements shall be consistent in concept with Resolution 2014-172 and the staff report presented to the City Council at its regular Council meeting of June 9, 2015.

(x)

Contracts for work done by City forces, consisting of the design, purchase and installation of flashing beacons and associated appurtenances used to construct flashing beacons throughout the City in the amount of seven hundred seventy thousand dollars ($770,000.00) or less.

(y)

Contracts for the construction, improvement, installation, or repair of water facilities associated with the North Valley Regional Recycled Water Program, involving an expenditure of City funds in excess of one million dollars ($1,000,000.00). Such projects may be procured under the design-build methodology authorized under Public Contract Code section 22160, et seq., as may be amended from time to time.

(z)

Contracts for the construction, improvement, installation, or repair of water facilities associated with the Water Corporation Yard, involving an expenditure of City funds in excess of one million dollars ($1,000,000.00). Such projects may be procured under the design-build methodology authorized under Public Contract Code section 22160, et seq., as may be amended from time to time.

Any contract for a public works project which may be approved as set forth in subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y) and (z) above of this section and authorized by the City Manager, District Administrator, or other authorized person, is not subject to the public bidding requirements of Articles 2 and 4 of this chapter or of Section 1307 of the Modesto City Charter. This section is adopted pursuant to Sections 801(k) and 1307 of the Modesto City Charter. The City Manager may delegate his or her authority in a manner consistent with the procedures established by this chapter. As set forth in Section 2-2.03 of this Code, all contract documents that require City Council approval shall be approved as to form by the City Attorney or the City Attorney's authorized representative before presentation to the City Council.

(Ord. 3253-C.S., § 1, amended by Ord. 3293-C.S., § 1, Ord. 3400-C.S., § 1, Ord. 3404-C.S., § 1, Ord. 3411-C.S., § 1, Ord. 3423-C.S., § 1, Ord. 3442-C.S., § 1, Ord. 3448-C.S., § 1, and Ord. 3473-C.S., § 1)

(Amended by Ord. 3511-C.S., § 1; Ord. 3517-C.S., § 1; Ord. No. 3519-C.S., § 1, 9-8-09; Ord. 3537-C.S., § 1; Ord. No. 3546-C.S., § 1; Ord. No. 3547-C.S., § 1; Ord. 3554-C.S., § 1; Ord. 3574-C.S., § 1; Ord. No. 3607-C.S., § 1; Ord. No. 3628-C.S., § 1; Ord. 3631-C.S., § 1, effective 9-4-15; Ord. 3646-C.S., § 1, effective 5-12-16; Ord. No. 3685-C.S., § 1, effective 3-8-18)