Chapter 27.08 — PROCURING MAJOR PUBLIC WORKS CONTRACTS

This Chapter 27.08 sets forth the methods for procuring Major Public Works Contracts.

(Ord. 30308.)

In accordance with Section 1217(c) of the Charter of the City of San José, the Director will procure Major Public Works Contracts using one of the following competitive procurement methods.

A.

The Director will procure Major Public Works Contracts primarily by Public Bidding done in accordance with the requirements of Chapter 27.10.

B.

As an alternative to Public Bidding, the City may procure Major Public Works Contracts using a best-value approach complying with the requirements of Chapter 27.12.

C.

The City may procure Major Public Works Contracts as Design-Build Contracts using a process that complies with the requirements of Chapter 27.14 if the contract is over $1,000,000 and the City Council finds a Design-Build Contract would save money or result in faster project completion.

(Ord. 30308.)

A Public Works Project cannot be separated into smaller items of work to avoid Public Bidding.

(Ord. 30308.)

In accordance with Section 1217(e) of the Charter of the City of San José, the Director may procure the following Major Public Works Contracts without any competitive process and without complying with Section 27.08.020:

A.

Intergovernmental Contracts, which are subject to the requirements of Chapter 27.34 of this Title;

B.

City-Public Utility Contracts, which are subject to the requirements of Chapter 27.36 of this Title;

C.

City-Developer Contracts, which are subject to the requirements of Chapter 27.38 of this Title;

D.

Contracts involving specialty work, which are subject to the requirements of Chapter 27.40 of this Title;

E.

Contracts involving work of urgent necessity, which are subject to the requirements of Chapter 27.42 of this Title;

G.

Contracts for which the solicitation of bids would be an idle act, which are subject to the requirements of Chapter 27.46 of this Title.

(Ord. 30308.)

Notwithstanding anything to the contrary in this Chapter 27.08, if a Major Public Works Contract is funded in whole or in part with State and/or Federal funds, the Director will procure the contract in accordance with any applicable State and/or Federal funding requirements.

(Ord. 30308.)