San Jose Municipal Code Part 10 Disposition of Bids

Part 10 of this Chapter 27.10 sets forth the alternatives for final disposition of the bids and who has the authority to take those actions.

(Ord. 30308.)

The Council and the Director each have the authority to reject all bids for any reason, and to take no further action or re-advertise for new bids.

(Ord. 30308.)

A Major Public Works Contract awarded following Public Bidding must be awarded to the responsible bidder submitting the lowest responsive bid, except as otherwise permitted in Section 27.12.040.

(Ord. 30308.)

Except as specified below in Section 27.10.560, the authority to award a Major Public Works Contract is reserved to the Council.

(Ord. 30308.)

A. The Director is authorized to award and execute a Major Public Works Contract under the following conditions:

1. The amount of the Major Public Works Contract is $5,000,000 or less, exclusive of the amount of any bid alternates being awarded.

2. There is no unresolved bid protest that conforms to the requirements of Part 6 of this Chapter 27.10.

B. The Director's authority under this Section includes:

1. The authority to award bid alternates, even if their cost would cause the Major Public Works Contract to exceed $5,000,000;

2. The authority to reject bid alternates; and

3. The authority to establish a construction contingency in an amount consistent with Section 27.04.050.

C. The Director's authority under this Section is subject to the limitation that the contract amount, plus the project delivery costs, plus the construction contingency must be less than or equal to the amount appropriated for the project.

D. The Director's authority under this Section includes the authority to approve the plan or design associated with the Major Public Works Contract the Director awards and executes.

E. The $5,000,000 threshold amount in this Section is subject to adjustment for inflation in accordance with Section 27.04.100.

(Ords. 30308, 30540, 31237.)

In accordance with Section 1217(e)(5) of the Charter of the City of San José, informalities or minor irregularities in bids or bidding may be waived.

(Ord. 30308.)

In accordance with Section 1217(h)(1) of the Charter of the City of San José, a Major Public Works Contract may be awarded to any of the responsible bidders submitting identical responsive bids.

(Ord. 30308.)

If the responsible bidder submitting the lowest responsive bid is awarded a Major Public Works Contract and does not execute the contract, the contract may be awarded to the responsible bidder submitting the second lowest responsive bid.

(Ord. 30308.)

The Director may consent to relieving a bidder of its bid for mistake if the bidder established the grounds for such relief in accordance with California Public Contracts Code Sections 5101 through 5103, as those sections may be amended.

(Ord. 30308.)