City Of San Jose Charter Information

14.04.170 Public works projects costing more than one million dollars.
Where the expenditure required for any specific public works project, excluding the cost of any supplies, materials or equipment which the city may have acquired or may separately acquire therefore, exceeds one million dollars ($1,000,000), such specific public works project shall be contracted for and let by the city council to the lowest responsible bidder after notice; provided and excepting, however, that:

A. Intergovernmental contracts for the doing of any of said work need not be awarded to the lowest responsible bidder after notice, but may be authorized or awarded by the council, or by the director of public works if and to the extent that director has been authorized to award, enter into or execute such contracts, without compliance with the above provisions of this section;
B. City-public utility contracts for the doing of any of such work need not be awarded to the lowest responsible bidder after notice, but may be authorized or awarded by the council, or by the director of public works if and to the extent that the director has been authorized to award, enter into or execute such contracts, without compliance with the above provisions of this section;
C. City-private developer contracts for the doing of any such work need not be awarded to the lowest responsible bidder after notice, but may be authorized or awarded by the council, or by the director of public works if and to the extent that the director has been authorized to award, enter into or execute such contracts, without compliance with the above provisions of this Section;
D. If the work involves highly technical or professional skills and the particular technical or professional skill or ability of the person selected to do such work is an important factor in the selection, the council may award a major public works project requiring special skills to such person, or may authorize such a contract; or, if the possessor of such special skills is the director of public works or a city employee or employees in the department of public works, may authorize said director and said employee or employees to do such work, without compliance with the above provisions of this section;
E. If the work, and the expenditure required therefore, are deemed by the council to be of urgent necessity for the preservation of life, health or property, and such is authorized by resolution of the council adopted by the affirmative vote of at least eight (8) members of the council and containing a declaration of the facts constituting the urgency, the council may award a major emergency public works project contract for such work, or authorize such a contract, or authorize the director of public works to have such work done by city employees under the direction and control of the director, without compliance with the above provisions of this section;
F. In situations where solicitation of bids would for any reason be an idle act, the council may award a major public works project contract for which solicitation of bids is an idle act, or authorize such a contract for such work, or may authorize the director of public works to have such work done by city employees under his or her direction and control, without compliance with the above provisions of this section;
G. Such other exceptions may be made as may be authorized by any of the following sections of this Part 2.
(Prior code § 2909.27; Ords. 22987, 24833, 26386, 28676.)