Modesto Municipal Code Art. 4 Provisions Applicable Only to Public Works Projects

The general requirements relating to the award of contracts for public works is contained in Section 1307 of the City Charter. The purpose of this article is to implement the provisions of that section. Other than the provisions of this article and Section 8-3.102, none of the provisions of this chapter shall apply to public works projects.

(Ord. 3253-C.S., § 1, effective 5-16-02)

(Ord. 3518-C.S., § 1, effective 8-14-09)

All bids for public works projects shall be sealed and filed with the City Clerk no later than the opening time specified in the Notice of Bids. The City Clerk shall be custodian of such bids and shall keep all things pertaining thereto confidential until they are opened and declared. The City may accept bids through electronic means if the Finance Director determines that such electronic process complies with all requirement of this Code and applicable state and federal laws. The City shall continue to accept physical copies of bids even if an option is available to bidders to file bids through electronic means.

(Ord. 3253-C.S., § 1, effective 5-16-02)

(Ord. No. 3766-C.S., § 1(Exh. A), effective 11-9-23)

All bids shall be publicly opened and declared at the time and place fixed in the notice inviting bids. Bid openings may occur in person or through electronic means, including, but not limited to, a process that automatically publishes bid results on a website identified in the notice inviting bids. Thereafter, the bids shall be tabulated and analyzed by the head of the department supervising the proposed work, who shall submit them, together with his/her recommendations thereon, to the City Manager. The City Manager shall review the bids and submit them to the Council, along with his/her recommendations at the next regular meeting of the Council.

(Ord. 3253-C.S., § 1, effective 5-16-02)

(Ord. No. 3766-C.S., § 1(Exh. A), effective 11-9-23)

At the time of the execution of the contract, the contractor shall execute and file with the City Clerk a payment bond executed by a corporate surety in the sum of not less than fifty (50) percent of the total amount payable by the terms of the contract. The provisions of such bond shall be in accordance with the provisions of California Civil Code Section 3248 as it now exists or is hereafter amended.

In addition to the foregoing bond, the contractor shall execute and file with the City Clerk, at the time of execution of the contract, a performance bond executed by a corporate surety, in the sum of not less than fifty (50) percent of the total amount payable by the terms of the contract. The provisions of such bond shall guarantee performance of the contract.

(Ord. 3253-C.S., § 1, effective 5-16-02)