Chapter 27.36

CITY-PUBLIC UTILITY CONTRACT

Sections:

27.36.040 Council authority.

27.36.050 Contract requirements.

This Chapter 27.36 applies to City-Public Utility Contracts, as defined herein. (Ord. 30308.)

City-Public Utility Contract means a contract in which a Public Works Project is done for the City by a public utility (publicly owned or regulated by the California Public Utilities Commission) and where the work involves the property of the public utility or is otherwise of direct concern to both the City and the public utility.

(Ord. 30308.)

Section 1217(i)(2) of the City of San José Charter excepts City-Public Utility Contracts from the Major Public Works Contract procurement requirements of Section 1217(c) of the City of San José Charter.

(Ord. 30308.)

The authority to award a City-Public Utility Contract that exceeds the threshold amount for a Minor Public Works Contract is reserved to the Council.

(Ord. 30308.)

In addition to any other terms and conditions that the City may require, the City-Public Utility Contract must meet the following minimum requirements:

• A. The contract must include payment and performance bond requirements consistent with Part 1 of Chapter 27.24 of this Title 27, and require the bonds to name the City as an additional obligee;

• B. The contract must include insurance requirements complying with Part 2 of Chapter 27.24 of this Title 27, and require the City to be named as an additional insured;

T27:40

PROCUREMENT OF PUBLIC WORKS

§ 27.38.060

• C. The contract must include appropriate indemnity requirements that have been approved by the City Attorney; and

• D. The contract must comply with all other applicable laws and regulations.

• (Ord. 30308.)