Title 27

Chapter 27.32

San Jose Zoning Code · 2026-06 edition · ingested 2026-07-07 · San Jose

SUBCONTRACTORS

Sections:

27.32.010 Application of chapter.

27.32.020 State law.

27.32.030 Subcontractor substitutions.

27.32.040 Voluntary assignment.

27.32.050 Inadvertent listing error.

27.32.060 No subcontractor listed.

27.32.010 Application of chapter.

This Chapter sets forth requirements applicable to a Contractor's use of subcontractors. (Ord. 30308.)

27.32.020 State law.

Except as otherwise set forth in this Chapter 27.32, the City will follow the requirements of the California Subletting and Subcontracting Fair Practices Act (California Public Contract Code Sections 4100 - 4114), as that Act may be amended. (Ord. 30308.)

27.32.030 Subcontractor substitutions.

If a Contractor requests to substitute a new subcontractor for one listed in the Contractor's

T27:38

PROCUREMENT OF PUBLIC WORKS

§ 27.34.030

original bid, the Director is authorized to do the following in the manner set forth in the California Subletting and Subcontracting Fair Practices Act:

  • A. Give all required written notices;

  • B. Conduct an informal hearing on the Contractor's substitution request if the listed subcontractor objects to the substitution and issue a preliminary decision on the matter; and

  • C. If the subcontractor wants the Council to make the final decision, make a recommendation to the Council based on the preliminary decision.

(Ord. 30308.)

27.32.040 Voluntary assignment.

The Director is authorized to consent to a subcontract being voluntarily assigned or transferred.

hearing on the matter and issue a preliminary decision, and if the subcontractor wants the Council to make the final decision, make a recommendation to the Council based on the preliminary decision.

(Ord. 30308.)

27.32.060 No subcontractor listed.

The Contractor cannot subcontract any work in excess of ½ of 1 percent of the Contractor's total bid if it did not list a subcontractor to perform such work unless the Director makes a written finding that subcontracting the work is warranted by a public emergency or necessity, or is in the City's best interests.

(Ord. 30308.)