City Of San Jose Charter Information

Charter Information:

SECTION 1217. Bid Requirements.

Contracts are to be let to the lowest responsible bidder as set forth below:

(a) PUBLIC WORKS PROJECTS. When the expenditure required for a specific “public works project” (hereinafter defined), excluding the cost of any materials, supplies or equipment which City may have acquired or may separately acquire therefor, will exceed the greater of One Hundred Thousand Dollars ($100,000) or the amount which a general law city of the State of California may legally expend for a “public project” (as defined by State law) without a contract let to a lowest responsible bidder after notice, it shall be let to the lowest responsible bidder after notice.

For purposes of this Section, “public works project” shall mean a project for the construction, erection, improvement or demolition of any public building, street, bridge, drain, ditch, canal, dam, tunnel, sewer, water system, fire alarm system, electrical traffic control system, street lighting system, parking lot, park or playground. “Public works project” shall not mean or include maintenance of any public works project, or any repairs incidental to such maintenance, or the planting, care or maintenance of trees, shrubbery or flowers.

(b) NOTICE REQUIREMENT AND PROCEDURE. (1) The notice inviting bids shall set a date for the opening of bids, and shall be published at least once, at least ten (10) days before the date set for opening of bids, in a newspaper of general circulation in the City. (2) All bids, including such bidder’s security as may be required, shall be presented under sealed cover. (3) If the successful bidder fails to execute the contract within the time specified in the notice inviting bids or in the specifications referred to therein, the amount of the security required, if any, may be declared forfeited to the City and may be collected and paid into its General Fund, 56 Printed 01/17 and all bonds so forfeited may be prosecuted and the amount thereof collected and paid into such fund. (4) All bids shall be publicly opened, and the aggregate bid of each bidder declared at a time and place specified in the notice inviting bids. (5) The Council shall have the right to waive any informalities or minor irregularities in bids or bidding.

(c) APPRENTICESHIP PROGRAM. Nothing herein shall preclude the City from including in any contract provisions that require contractor participation in an apprenticeship program for at-risk youth.

(d) SELECTION OF LOWEST RESPONSIBLE BIDDER. If no bids are received, the Council may readvertise, or have the “public works project” for which no bids are received done, without further complying with this Section. (1) If two or more bids are the same and the lowest, the Council may accept the one it chooses. (2) In its discretion, the Council may reject any or all bids presented. If it rejects all bids, the Council may, in its discretion, readvertise. (3) If, after rejecting all bids for any “public works project” and after readvertising for bids, the Council finds and declares that the bids were excessive, it may have such “public works project” done by City employees without further complying with this Section.

(e) SECTION NOT APPLICABLE. The provisions of this Section shall not apply to any of the following public works projects. (1) Any public works project done for the City by any public or governmental body or agency. (2) Any public works project done by any public utility which is either publicly owned or is regulated by the Public Utilities Commission of the State of California where such work involves any property of such public utility or is otherwise of direct concern to both the City and such public utility. (3) Any public works project done by a subdivider, developer or owner of real property in connection with the subdivision or development by him or her of any real property, notwithstanding the fact that such may be subject to entire or partial reimbursement from the City. 57 Printed 01/17 (4) Any public works project involving highly technical or professional skill where the peculiar technical or professional skill or ability of the person selected to do such work is an important factor in his or her selection. (5) Expenditures deemed by the Council to be of urgent necessity for the preservation of life, health or property, provided the same are 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. (6) Situations where solicitation of bids would for any reason be an idle act. (7) Any public works project where the contract will cost more than $5,000,000 and the City Council finds that the “design-build” procurement process would save money or result in faster project completion. In such situations, the City may negotiate and award a “design-build” contract without having to award the contract to the lowest responsible bidder. For purposes of this provision, “design-build” means a procurement process in which both the design and construction of the project are procured from a single entity.

(f) PURCHASE OF SUPPLIES MATERIALS AND EQUIPMENT. The procedures for the purchase of supplies materials and equipment shall be as prescribed by ordinance.

 

Municipal Code

14.04.120 – Normal major public works project contract.

As used in this chapter, “normal major public works project contract” means and includes any public works contract made and entered into for and on behalf of the city with an independent contractor for the doing by such independent contractor, for the city, of any work or things which is included in the definition of “public works project,” as such term is defined in this part, where the expenditure required for the specific public works project with which such contract is concerned, excluding the cost of any materials, supplies or equipment which the city may have acquired or may separately acquire therefor, is more than one hundred thousand dollars (100,000.00); provided and excepting, however, that “normal major public works project contract” shall not be deemed to mean or include an intergovernmental contract, a city-public utility contract, a city-private developer contract, a major public works contract requiring special skills, a major emergency public works project contract, or a major public works project contract for which solicitation of bids is an idle act.

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.)