San Jose Municipal Code Ch. 27.32 Subcontractors

This Chapter sets forth requirements applicable to a Contractor's use of subcontractors.

(Ord. 30308.)

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.)

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

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

(Ord. 30308.)

If a Contractor claims, in accordance with the California Subletting and Subcontracting Fair Practices Act, that it made an inadvertent clerical error in listing a subcontractor, the Director is authorized to do the following:

A. Consent to the requested substitution if the Contractor, the listed subcontractor and the intended subcontractor agree that the Contractor made an inadvertent clerical error;

B. Consent to the requested substitution if the Contractor and the intended subcontractor agree that the Contractor made an inadvertent clerical error, and if the listed subcontractor fails to submit written objections to the Contractor's claim within 5 Business Days of the Contractor's notice of its claim; and

C. If the listed subcontractor submits written objections to the Contractor's claim within 5 Business Days of the Contractor's notice of its claim, investigate the Contractor's claim, conduct an informal 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.)

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.)