Chapter 27.14

This Chapter 27.14 sets forth the requirements for competitively procuring, negotiating and awarding a Design-Build Contract under Section 1217(c)(2) of the Charter of the City of San José. (Ord. 30308.)

The authority to award a Design-Build Contract procured in accordance with this Chapter 26.14 is reserved to the Council.

(Ord. 30308.)

The procurement set forth in this Chapter 27.14 applies only if:

• A. The Major Public Works Contract exceeds $1,000,000; and

• B. At or before contract award, the City Council makes a finding that the delivery of the project by design-build would save money or result in faster completion.

• (Ord. 30308.)

Except as otherwise set forth in this Chapter 26.14, the Director will procure a Design-Build Contract under Section 1217(c)(2) of the Charter of the City of San José in one of the following ways:

• A. In accordance with the procedures and requirements of California Public Contract Code Sections 22160 through 22162.4 and Sections 22164 through 22168, as amended from time to time; or

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§ 27.14.040

• B. In accordance with the procedures and requirements of California Public Contract Code Sections 22185 through 22185.7 and Section 22185.10, as amended from time to time. Notwithstanding the previous sentence, Design Build Contracts procured under this subsection:

  1. Will not be subject to any limitation on the number of projects that may otherwise apply under California Public Contract Code Section 22185.1.

  2. Will not be subject to any requirement to report to the policy and fiscal committees of the State Legislature on the City's use of progressive design-build process that may otherwise apply under California Public Contract Code Section 22185.7.

(Ords. 30308, 31237.)

Retroactive to June 4, 2025, procurements conducted pursuant to this Chapter may include a process for conducting confidential meetings with responding teams that conflicts with the procurement and contract process protocol found in City Council Resolution No. 2024-99. In such an instance, the process will be narrowly constructed to meet the specific needs of the procurement and will be clearly explained in the procurement documents. (Ord. 31237.)

• A. A Person that substantially participated in the preparation of the procurement documents for a Design-Build Contract cannot be part of any responding Person or team.

• B. The prohibition in Subsection A of this Section 27.14.050 does not apply to a Person that prepared a foundational report or study, such as a master plan, soils report, or environmen-

tal clearance document, that is used by another Person to prepare the design requirements for a Design-Build Contract.

(Ord. 30308.)

• A. No Person, team, or member of such Person or team can participate in the submission of more than one proposal.

• B. Nothing herein prohibits subcontractors from participating as a subcontractor in more than one proposal.

• (Ord. 30308.)

• A. Until the Director makes a recommendation to the Council regarding award of a DesignBuild Contract procured under this Chapter 27.14, communications regarding the procurement must be to the City employee(s) designated in the solicitation to receive communications.

• B. Subsection A of this Section 27.14.070 does not prohibit communicating with the Council or any other Person in the City regarding an alleged failure of a City employee to follow the procurement procedures, or any alleged misconduct or impropriety of a City employee related to the procurement.

• (Ord. 30308.)

The City will disqualify from further consideration a Person or team that violates Sections 27.14.050 through 27.14.070 of this Chapter 27.14. (Ord. 30308.)