Chapter 27.42

WORK OF URGENT NECESSITY

Sections:

27.42.030 Charter exception.

• 27.42.040 Council authority.

Specialty Work means a Public Works Project in which the work meets each of the following requirements:

• A. The work necessary to implement the Public Works Project involves a highly technical or professional skill or ability;

• B. The highly technical or professional skill or ability is a key factor in selecting the person to perform the work; and

• C. So few people have the skill or ability that a competitive procurement would not be practical.

(Ord. 30308.)

This Chapter 27.42 applies to expenditures for Work of Urgent Necessity, as defined herein. (Ord. 30308.)

Work of Urgent Necessity means a Public Works Project in which the work meets each of the following requirements:

• A. There is an urgent need to perform the work immediately to preserve life, health or property; and,

T27:44

PROCUREMENT OF PUBLIC WORKS

• B. The urgent need to perform the work makes the applicable competitive procurement requirements impracticable.

• (Ord. 30308.)

This Chapter 27.44 applies to procuring a Public Works Contract in accordance with Section 203 of the City of San José Charter. (Ord. 30308.)

Section 1217(i)(5) of the City of San José Charter excepts a Public Works Project involving Work of Urgent Necessity from the Major Public Works Contract procurement requirements of Section 1217(c) of the City of San José Charter provided the Council adopts, by approval of at least 8 members, a resolution that:

• A. Authorizes the expenditure, and

• B. Sets forth the facts demonstrating that the Public Works Project involves Work of Urgent Necessity.

• (Ord. 30308.)

The authority to award a Major Public Works Contract involving Work of Urgent Necessity is reserved to the Council. (Ord. 30308.)

Other than the competitive procurement requirements, a Public Works Contract for a Work of Urgent Necessity must comply with as many of the requirements of this Title as reasonably possible considering the time constraints created by the urgency. (Ord. 30308.)

Chapter 27.44

EMERGENCY PUBLIC WORKS CONTRACT

Sections:

• 27.44.020 Requirement.

27.44.030 Public bidding exception.

27.44.040 Contract requirements.

Section 203 of the City of San José Charter authorizes the City to respond to an emergency resulting from war, enemy-caused calamity or other disasters of whatever nature in any manner authorized by the laws of the State of California for such purposes.

(Ord. 30308.)

Acting under the emergency powers granted by Section 203 of the San José Charter, the City may procure a Public Works Contract without Public Bidding in accordance with the requirements of Section 22050 of the California Public Contract Code or any other provisions of State law that exempt the award of such contracts from competitive procurement.

(Ord. 30308.)

A Public Works Contract awarded by the City under this Chapter 27.44 must comply with as many of the requirements of this Title applicable to Public Works Contracts, excepting those applicable to Public Bidding, as reasonably possible considering the time constraints created by the emergency. (Ord. 30308.)