Attachment 1

SCOPE OF WORK AND SPECIFICATIONS

CLARIFIER COATING PAINTING

1. SPECIFICATIONS – Provide all labor, equipment and material necessary to perform total coating
rehabilitation of five clarifier tanks as specified herein. The contractor should note that all metal surfaces of
the clarifier should be painted whether specifically indicated or not, except where otherwise shown or
specified. The clarifier tanks are open type tanks so the painting can be interior and exterior. The steel within
the tanks will be subject to submersion and the steel above the tank walls will be subject to atmospheric
conditions. Tanks shall be covered during all abrasive blasting and spray painting operations. Contractor to
provide access stairs or scaffolding as needed to allow easy access to work area for workers and City
personal. Contractor shall provide sanitary accommodations for its employees (portable toilets). Contractor
shall provide full containment to control dust from abrasive blasting and overspray from leaving the
immediate area. The immediate area shall be defined as not more than a 10-foot perimeter around job site.
In addition contractor shall provide a dust collector with exhaust filtration to control the dust within the
work area. The City will provide water and electrical power if needed including 440 power.
1.1 Tank Sizes: Four (4) of the five (5) tanks are 100 feet in diameter. One (1) is 110 feet in diameter.
Drawings will be provided at the pre-proposal conference scheduled as per RFB 07-08-68R, Section
6.1. Bidders should be prepared to take measurements to ensure plans are to scale.

1.2 Paint chip samples taken from tanks have tested positive for lead as per Appendix 2. The successful
contractor must comply with the “Lead in Construction Standard” enforced by Cal/OSHA (Title 8,
1532.1). The policy may be viewed at the following website: http://www.dhs.ca.gov/ohb/OLPPP/lic.pdf.
Bid prices must reflect all cost required to incorporated these standards.

1.3 Contractor shall abrasive blast to near white metal (SP-10) all submerged steel, prime with one coat
high solids epoxy primer and finish with two (2) coats of high solids epoxy enamel finish according to
painting system No.1 in section 15.1 paint schedule.

1.4 Contractor shall abrasive blast to near white metal (SP-10) all bridge components including painted and
galvanized handrails. Handrails beyond containment area shall receive solvent clean (SP-1) followed by
power tool (SP-3) cleaning. Bridge and handrails shall be primed with one coat of high solids chemical
resistant epoxy primer and one coat urethane enamel finish according to Painting System No. 2 in
Section 15.2 Paint Schedule.

1.5 Contractor shall abrasive blast to near white metal (SP-10) painted catwalk decks, prime with two coats
high solids epoxy primer and finish with one coat of an anti-slip coating according to painting system
No.3 in Section 15.3 Paint Schedule. Catwalk decks with removable grading shall be removed and
reinstalled by contractor.

1.6 All other exposed metal surfaces (atmospheric) such as drive motors, exterior piping, scum drive motor
and wash-down water valves shall receive solvent clean (SP-1) followed by power tool (SP-3) cleaning
and receive same coating per Painting System No. 2 in Section 15.2 Paint Schedule.

2. SURFACES NOT REQUIRING PAINTING – Unless otherwise specifically indicated in this Specification,
the following areas of items will not require painting:

2.1 Concrete and masonry surfaces, except where there are existing painted surfaces.

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 2.2 Non-ferrous and corrosion-resistant ferrous alloys such as aluminum and stainless steel, except where:
(a) required for electrical insulation between dissimilar metals, (b) Aluminum is in contact with concrete
or masonry.

2.3 Non-metallic materials such as PVC and glass, except as required to match existing painted surfaces.

2.4 Pre-finished electrical and architectural items such as switchboards, switchgear, panel-boards,
transformers, switches, cabinets, etc.

2.5 Non-submersed electrical conduits attached to unpainted concrete surfaces need not be painted, except
for areas where it is necessary as directed by the City.

2.6 All existing unpainted galvanized materials such as handrails and grating, except for areas where it is
necessary to repair existing abraded galvanized surfaces. Galvanized handrails and bridge shall be
blasted and coated.

3. INSPECTION – The Contractor shall give the City a minimum of three (3) days advance notice of the start
of any surface preparation work or coating application work. All such work shall be subject to inspection
during the course of each workday. Inspections will include hold points between each phase. The following
instruments will be used during inspections: Type 1&2 magnetic film thickness gauge, RAC Holiday
Detector, Dew Point Meter. The coatings inspectors shall have the authority to stop or allow work to
continue based on outcome of inspection, (pass/fail).

3.1 For all coatings subject to immersion, full cure must be obtained for the completed system. Consult the
coatings manufacturers written instructions for these requirements. The coating shall not be immersed
for any purpose until completion of the curing cycle.

3.2 Inspection by the City, or the waiver of inspection of any particular portion of the work shall not be
construed to relieve the contractor of his/her responsibility to perform the work in accordance with these
specifications.

4. SUBMITTAL REQUIRED AFTER AWARD OF CONTRACT – For each paint system used herein, the
contractor shall obtain from each paint manufacturer Product Data Sheets, Technical Data Sheets, Material
Safety Data sheets (MSDS) and paint colors available (where applicable) for each product used in the paint
system. Contractor shall provide one full kit sample of each batch of coating used for this job. Contractor
shall submit the required information on system-by-system basis at least 5 days prior to start of work to the
City Project Manager. Contractor shall also provide copies of the paint system submittals to the coating
applicator.

5. PAINT AND COATING MATERIALS – The following paint products are listed according to their
approximate order of appearance in the paint systems. All paint products shall meet all regulations of the
Bay Area Air Quality Management District.

Product Definition

Polyamide, Anti- Converted epoxy primer containing

Corrosive, Epoxy primer rust-inhibitive pigments, minimum
Percent volume solids, 60%

High Solids Polyamide Two-component, high solids, high

Epoxy coating build finish, polyamide cured epoxy
Resin, minimum volume solids, 80%

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 Chemical Resistant Epoxy Converted epoxy primer containing
Primer rust-inhibitive pigments, minimum
Percent volume solids, 60%

Polyurethane Enamel Two-component, aliphatic-based

Polyurethane; 62% minimum
Volume solids; high gloss finish

6. COLOR SYSTEMS – All colors to be used on this project for existing equipment and appurtenances shall
match the existing color scheme.

6.1 The City reserves the right to order changes in the existing color scheme and to have sample panels
made to revise Color Schedule. The City shall incur no additional costs, for any color changes made by
the City.

6.2 Colors shall be formulated with colorants free of lead, lead compounds, or other materials, which might
be affected by the presence of hydrogen sulfide or other gas likely to be present at the project.

7. WORKMANSHIP

7.1 General – All materials of a paint system. Including primer and finish coats shall be produced by the
same paint manufacturer. Thinners, cleaners, dryers, and other additives shall be as recommended by the
paint manufacturer of the particular coating. All coatings being applied by brush or roller must be
applied with professional quality brushes & rollers. This will be enforced.

7.1.1 The City shall be responsible for de-watering and washing down each clarifier prior to the
commencing of any work by the contractor.

7.1.2 The Contractor shall be solely responsible for any additional clarifier de-watering; cleaning and
sand removal as required once the WPCP releases said clarifier to the contractor for painting.

7.1.3 Contractor shall be responsible for installing plugs, sump pumps and bladder as needed in order
to keep tanks dry and removal of said equipment.

7.1.4 Contractor shall only be allowed to work on one clarifier at any given time unless directed by
the project manager to do otherwise.

7.2 Protection of materials and equipment NOT to be painted – Remove, mask, or otherwise protect
hardware, lighting fixtures, switch-plates, aluminum surfaces, machined surfaces, couplings, shafts,
bearings, nameplates on machinery, and other surfaces not intended to be painted. Provide drop cloths to
prevent paint materials from falling on or marring adjacent surfaces. Protect surface preparation and
painting process. Openings in motors and sludge collector gearbox shall be masked to prevent sand,
paint and other materials from entering.

7.3 Safety – Painting shall be performed in strict accordance with the safety recommendations of the paint
manufacturer; with the safety recommendations of the National Association of Corrosion Engineers
contained in the publication, Manual for Painter Safety; Federal, State and local agencies having
jurisdiction. In accordance with requirements of the latest revision of the OSHA regulations for
Construction, the contractor shall provide and require use of personnel protective equipment for persons
working in or about the project site. In addition, workers engaged in or near the work during
sandblasting shall wear ear, eye and face protection devices meeting the requirements of latest OSHA

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 Regulations for sandblasting operations, and air-purifying, half-mask or mouthpiece respirator with
appropriate filter. If clarifier is to be covered for containment, proper ventilation must be provided.

7.4 Environmental Conditions – Paint shall not be applied in temperatures exceeding the manufacturer’s
recommended maximum and minimum allowable, nor in dust, smoke-laden atmosphere, damp or humid
weather.

7.4.1 Abrasive blast cleaning shall not be performed whenever the relative humidity exceeds 85
percent, or whenever the surface temperature is less than 5 degrees F above the dew point of the
ambient air.

8. Paint Mixing – Multiple component coatings shall be prepared using all of the contents of the container for
each component as packaged by the paint manufacturer. No partial batches will be permitted. Multiple
component coatings that have been mixed shall not be used beyond their pot life. The Contractor shall
provide quantity kits for touch-up painting and for painting other small areas. Only the components
specified and furnished by the paint manufacturer shall be mixed. No intermixing of additional components
for reasons of color or otherwise, even within the same generic type of coating will be permitted. If any
coating is to be reduced by use of thinners, measuring devises will be required.

8.1 When more than one coat of material is applied within a given system, color will be alternated to
provide a visual reference that the required number of coats has been applied.

8.2 Surface Preparation – All workmanship for metal surface preparation as specified shall be in strict
conformance with the current Steel Structure Painting Council (SSPC). Specifications as follows.

Solvent Cleaning SP-1

Hand Tool Cleaning SP-2
Power Tool Cleaning SP-3
White Metal Blast Cleaning SP-5
Commercial Blast Cleaning SP-6
Brush-Off Blast Cleaning SP-7
Pickling SP-8
Near White Blast Cleaning SP-10

8.3 Whenever the words “solvent cleaning” “hand tool cleaning” “wire-brushing” or “blast cleaning” or
similar words of equal intent are used in these specifications or in paint manufacturer’s specifications,
they shall be understood to refer to the applicable SSPC specifications listed above.

9. Pre-blast Cleaning Requirements – All oil, grease, welding fluxes, and other surface contaminants shall be
removed prior to blast cleaning. Pre-blast cleaning methods shall use steam, open flame, hot water, or cold
water with appropriate detergent additives followed with clean water rinsing. Small isolated areas shall be
cleaned as above or cleaned with suitable solvents and clean cloths.

9.1 Solvent Cleaning – Solvent cleaning shall consist of removal of foreign matter such as oil, grease, soil,
drawing and cutting compounds, and any other surface contaminants by the use of solvents, emulsions,
cleaning compound, steam cleaning, or similar materials and methods which involve a solvent or
cleaning action. This method conforms to Steel Structures Painting Council SP-1.

9.2 Blast Cleaning Requirements – The type of equipment and speed of travel shall be such that the
specified degree of cleanliness is obtained. The type and size of abrasive shall be selected to produce a
surface profile that meets the coating manufacturer’s recommendations for the particular primer to be
used. Only dry blast cleaning methods using professional quality equipment will be permitted. The

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 equipment such as compressors, blast pots, hoses, and nozzles will be tested for cleanliness, pressure
and wear at regular intervals through out the course of the job. The abrasive shall not be reused. The
contractor shall comply with the applicable Federal, State and Local air pollution control regulations for
blast cleaning.

9.3 The blasting agent shall be Kleen Blast Abrasive by Kleen Blast Abrasives, Hayward, California, no
substitutes will be allowed.

10. Post-blast Cleaning and other Cleaning Requirements – All surfaces shall be cleaned of all dust and residual
particles of the cleaning operations by dry (no oil or water vapor) air blast cleaning or other methods prior to
painting. Enclosed areas where dust settling is a problem shall be vacuumed and wiped with a tack cloth.

10.1 Surfaces shall be painted the same day they are sandblasted – Surfaces that have started to rust before
they are painted shall be re-blasted.

11. APPLICATION OF PAINT

11.1 General – Manufacturer’s General – Manufacturer’s written instructions for applying each type of
paint or protective coating shall be furnished to the Coatings Inspectors and Project Manager prior to
application. All blasting media must be removed from tank after application of primer and prior to
application of first finish coat. Vacuuming is highly recommended.

11.2 Cleaned surfaces and all coats shall be inspected prior to the succeeding coat. Apply all coatings in
strict accordance with the paint manufacturer’s recommendations, as reviewed by the Coatings
Inspector and Project Manager. Sufficient time shall be allowed between coats to assure thorough drying
of previously applied paint. Should 5 days elapse between applications, the painted surface shall be re-
prepared as recommended by the paint manufacturer prior to the next paint application. All atmospheric
metal, such as topside steel framing, piping and valve stands shall be hand painted by brush, spray
application will only be allowed if these areas are in full containment.

11.3 In case the sludge collector mechanism needs to be repaired by the City after the surface preparation
and prime coat, the repaired area shall be re-cleaned and re-primed prior to paint application at
contractor’s expense.

11.4 Film Thickness – Coverage is listed as minimum dry film thickness in mils (MDFT). Per coat
determinations are listed as MDFTPC. The number of coats is the minimum required irrespective of the
coating thickness. Additional coats may be required to obtain the minimum required paint thickness,
depending on method of application, differences in manufacturer’s products, and atmosphere conditions.
Maximum film build per coat shall not exceed the coating manufacturer’s recommendations.

11.5 Film thickness measurements of the coated surfaces shall be performed with properly calibrated
instruments. Wet film measurements shall be taken during application process by applicators. Re-coat
and repair as necessary for compliance with the Specifications. All coats will be subject to inspection by
the Coatings Inspector and the coating manufacturer’s representative. Particular attention shall be given
edges, angles, welds, flanges, nuts & bolts, etc. where insufficient film thickness is likely to be present.
Stripe coating shall be done of these areas to ensure proper mil thickness

11.6 Damaged Coating – Damaged coatings, pinholes, and holidays shall be ground down and have the
edges feathered and repaired in accordance with the recommendations of the paint manufacturer, and
reviewed by the coatings inspector.

11.7 All finish coats including touch-up and damage repair coats shall be applied in a manner, which will
present a uniform texture and color-matched appearance.

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 11.8 Unsatisfactory Application – If the item has an improper finish color, or insufficient film thickness,
the surface shall be cleaned and top-coated with the specified paint material to obtain the specified color
and coverage. Specific surface preparation information to be secured from the coating manufacturer and
the Coatings Inspector.

11.9 All visible areas of chipped, peeled, or abraded paint shall be hand or power sanded feathering the
edges. The areas shall then be primed and finish coated in accordance with the Specifications.
Depending on the extent of repair and its appearance, a finish sanding and topcoat may be required by
the Coatings Inspector/Project Manager.

11.10 Work shall be free of runs, bridges, shiners, laps or other imperfections. Evidence of these conditions
shall be cause for rejection.

12. Paint Delivery and Storage – All materials shall be new and shall be delivered to the project site in unopened
containers that plainly show, at the time of use, the batch numbers, brand name, date of manufacturer, color
and name of manufacturer. Paints shall be stored in a suitable protected area that is heated or cooled as
required to maintain temperatures within the range recommended by the manufacturer. All open containers
shall be kept in secondary containment.

12.1 Contractor will supply full kit samples, for each batch of coating, to owner under supervision of
Coatings Inspector.

13. Clean-up – All cloths and waste that might constitute a fire hazard shall be placed in closed metal containers
or destroyed at the end of each day. Upon completion of the work, all staging, scaffolding, and containers
shall be removed from the site or destroyed in a legal manner. Paint spots, oil, or stains upon adjacent
surfaces and floors shall be completely removed, and the entire job left clean and acceptable to the Coatings
Inspector/Project Manager.

14. Warranty Inspection – Warranty inspection shall be conducted within one (1) year from the date of final
acceptance of the contract. All defective work shall be repaired in accordance with this specification and to
the satisfaction of the City Coatings Inspector/Project Manager.

15. PAINT SCHEDULE

15.1 System No. 1 Submerged Metal

Surface Prep. Paint Materials Min. Coats, Cover

Abrasive Blast Polyamide, Anti 1 coat, 3-5 MDFT

To SP-10 corrosive, epoxy Color: White/Brown
Primer, #460
Engard or equal

High solids epoxy 2 coats, 20-24 MDFT

Finish, #460 Engard a. First Coat
Or equal Color: Gray, 10-12 MDFT

b. Second Coat
Color: White, 10-12 MDFT

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 15.1.1 This system shall be used on the following items or areas:

15.1.1.1All metal surfaces below a plane one foot above the maximum liquid surface. All metal
surfaces above the maximum liquid surface, which are a part of the immersed equipment,
and the following specific surfaces shall receive this system: clarifier mechanisms and scum
equipment, sludge gates, pressure relief valves, mud valves submerged piping/valves and
telescoping valves and all submerged galvanized surfaces.

15.1.1.2In addition all joints on tow brow, skirt and weir where steel overlaps steel and where steel
comes in contact with concrete are to be caulked after first coat of primer is applied. The
caulking compound shall be a polyurethane rubber sealant, such as DYNATROLL 1 or
SIKAFLEX –1A, or equivalent.

15.2 System No. 2 Exposed metal – Atmospheric

Surface Prep. Paint Material Min. Coats, Cover

Pressure wash Rust-inhibitive 1 coat, 3-5 MDFT
SP-2 & SP-3 epoxy, primer
DuPont Corlar
2.1 ST or Equal

Aliphatic Poly- 1 coat, 2-3 MDFT

Urethane, DuPont
Imron 2.8 HG or equal

15.2.1 This system shall be used on the following items or areas: All piping, exterior I beams, valve
stands, sludge collector drive, topside steel framing, underside of metal decking, and equipment
shall receive this system unless otherwise shown or specified.

15.3 System No. 3 Cat-walk deck – Atmospheric

Abrasive Blast Polyamide, Anti 2 coats, 3-5 MDFT

To SP-10 corrosive, epoxy
Primer, #460
Engard or equal

Heavy duty Pedestrian 1 coat, 3-5 MDFT

Grade Epoxy Anti-Slip
Coating. American Safety
AS-250 or equal.

15.3.1 This system shall be used on catwalk diamond plate deck. In addition all joints of catwalk deck
both topside and bottom are to be caulked after first coat of primer is applied. The caulking
compound shall be a polyurethane rubber sealant, such as DYNATROLL 1 or SIKAFLEX –1A,
or equivalent.

16. DAMAGE TO EXISTING CITY PROPERTY – Contractor shall protect all existing City Property from
damage and provide necessary work for such operation. Contractor shall be held responsible for any damage
to existing City property including City & personal vehicles, structures, roadways, materials or equipment
because of his/her operations and shall repair or replace any damaged structures, material or equipment to
the satisfaction of and at no additional cost to the City.

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17. WARRANTY – Contractor shall warranty to the Owner and guarantee the all work as specified herein
against any defects resulting from the use of Inferior material, equipment, or workmanship for one (1) year
commencing on the date of final acceptance of the project.

18. COMPLETION OF WORK – All work shall be complete ninety, (90) days after award of contract
(excluding rainy days where work cannot be performed).

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 ATTACHMENT 2
Bid Pricing Form

Item
No. Description UNIT PRICE
Labor for clarifier coating rehabilitation
1 (painting) of tanks as per plans* dated LOT
10/31/90 (tanks A-9, A-10 and A-11)
Material and equipment to perform total coating
1A rehabilitation (painting) of tanks as per plans* LOT
dated 10/31/90 (tanks A-9, A-10 and A-11)
Labor for clarifier coating rehabilitation
2 (painting) of tank as per plan* dated 3/2/89 LOT
(tank A-12)
Material and equipment to perform total coating
2A rehabilitation (painting) of tank as per plan* LOT
dated 3/2/89 (tank A-12)
Labor for clarifier coating rehabilitation
3 (painting) of tank B-8 as per plans* dated LOT
10/61 (tank B-8)
Material and equipment to perform total coating
3A rehabilitation (painting) of tank as per plans* LOT
dated 10/61 (tank B-8)
TOTAL PRICE:
*plans as distributed at the pre-bid conference

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 ATTACHMENT 3
Bid Certification
NO BID SHALL BE ACCEPTED WHICH HAS NOT BEEN SIGNED IN INK IN THE APPROPRIATE SPACE BELOW

Bidding Firm Name:

Address:

Telephone:
Facsimile:
E-Mail:

Contact person name and title:

BIDDER REPRESENTATIONS

1. Bidder did not, in any way, collude, conspire or agree, directly or indirectly, with any person,
firm, corporation or other Bidder in regard to the amount, terms, or conditions of this proposal.

2. Bidder additionally certifies that neither bidder nor its principals are presently disbarred,
suspended, proposed for disbarment, declared ineligible or voluntarily excluded from participation
in this transaction by any federal department or agency, any California State agency, or any local
governmental agency.

3. Bidder acknowledges that all requests for deviations, exceptions, and approved equals are
enclosed herein and that only those deviations, exceptions, and approved equals included in the
RFB document or permitted by formal addenda are accepted by the City.

4. Bidder did not receive unauthorized information from any City staff member or City Consultant
during the Bidding period except as provided for in the Request for Bid package, formal addenda
issued by the City, or the pre-bid conference.

5. Bidder certifies that this submission includes full consideration of the information and/or
requirements identified in Addenda ____ through ____.

6. Bidder hereby certifies that the information contained in the proposal and all accompanying
documents is true and correct.

7. Please check the appropriate box below:

If the proposal is submitted by an individual, it shall be signed by him or her, and if he or she is
doing business under a fictitious name, the proposal shall so state.

If the proposal is made by a partnership, the full names and addresses of all members and the
address of the partnership, the full names and addresses of all members and the addresses of the
partnership, the full names and addresses of all members and the address of the partnership shall be
stated and the proposal shall be signed for all members by one or more members thereof.

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 If the proposal is made by a corporation, it shall be signed in the corporate name by an authorized
officer or officers.

If the proposal is made by a limited liability company, it shall be signed in the corporate name by
an authorized officer or officers.

If the proposal is made by a joint venture, the full names and addresses of all members of the joint
venture shall be stated and the bid shall be signed by each individual.

By signing below, the submission of a bid shall be deemed a representation and certification
by the Bidder that they have investigated all aspects of the RFB, that they are aware of the
applicable facts pertaining to the RFB process, its procedures and requirements, and that they
have read and understand the RFB.

Authorized Representative
Name (sign name):
Authorized Representative
Signature (print name):
Authorized Representative
Title (print title):+

Complete additional
signatures below as required
per # 7 above

Authorized Representative
Name (sign name):
Authorized Representative
Signature (print name):
Authorized Representative
Title (print title):+

Authorized Representative
Name (sign name):
Authorized Representative
Signature (print name):
Authorized Representative
Title (print title):+

NO BID SHALL BE ACCEPTED WHICH HAS NOT BEEN SIGNED IN INK IN THE APPROPRIATE SPACE

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 ATTACHMENT 4
City of San Jose
Request for Contracting Preference for Local and Small Businesses
Chapter 4.12 of the San Jose Municipal Code provides for a preference for Local and Small Businesses in the procurement
of contracts for supplies, materials and equipment and for general and professional consulting services. The amount of the
preference depends on whether the vendor qualifies as a Local Business Enterprise* or Small Business Enterprise** and
whether price has been chosen as the determinative factor in the selection of the vendor.
In order to be a Local Business Enterprise (LBE) you must have a current San Jose Business Tax Certificate Number and
have an office in Santa Clara County with at least one employee. If you qualify as an LBE you can also qualify as a Small
Business Enterprise (SBE) if the total number of employees (regardless of where they are located) of your firm is 35 or
fewer.
There are two ways in which the preference can be applied. In procurements where price is the determinative factor (i.e.
there are not a variety of other factors being considered in the selection process) the preference is in the form of a credit
applied to the dollar value of the bid or quote. For example, a non-local vendor submits a quote of $200 per item and a
LBE submits a quote of $204 per item. The LBE receives a 2.5% credit on the quote, which equals approximately $5 and
thus the LBE will win the award because the quote is evaluated as if it had been submitted as $199.
In procurements such as RFP there are usually a variety of factors evaluated to determine which proposal best meets the
City's needs. In procurements such as these where price is not the determinative factor, an LBE or SBE will be given an
additional 5% to 10% points in the scoring of their proposal.
The following determinations have been made with respect to this procurement: (for official use only)
Type of Procurement Bid Request for Quote Request for Proposal
Type of Preference Price is Determinative Price is Not Determinative
Amount of Preference LBE preference = 2.5% of Cost LBE preference = 5% of Points
SBE preference = 2.5% of Cost SBE preference = 5% of Points
In order to be considered for any preference you must fill out the following statement(s) under penalty of perjury.
Business Name
Business Address
Telephone No.
Type of Business Corporation LLC LLP
General Partnership Sole Proprietorship Other (explain)
*LOCAL BUSINESS ENTERPRISE (LBE) PREFERENCE
In order to qualify as an LBE you must provide the following information:
Current San Jose Business Tax Certificate Number
Address of Principal Business Office or Regional, Branch or
Satellite Office with at least one employee located in Santa
Clara County:
**SMALL BUSINESS ENTERPRISE (SBE) PREFERENCE
In order to qualify as an SBE you must qualify as an LBE and have 35 or fewer employees. This number is for your entire
business --NOT just local employees, or employees working in the office address given above.
Please state the number of employees that your Business has:
Based upon the forgoing information I am requesting that the Business named above be given the following preferences
(please check): Local Business Enterprise Small Business Enterprise
I declare under penalty of perjury that the information supplied by me in this form is true and correct.
Executed at: , California
Date:
Signature

CITY OF SAN JOSE

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Print name

CITY OF SAN JOSE

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 ATTACHMENT 5

Work Classification Determination

The following classification(s) are applicable to this contract. The prevailing wage rates for this contract are
contained in the General Prevailing Wage Determination issued by the Director of Industrial Relations. More
information about the General Wage Determination is provided on the next page. If you have any questions
regarding the classifications listed for this contract, please
contact the Office of Equality Assurance and reference the OEA# at the bottom of this page.

Work Description Classification(s)

Painting* Craft: Painter, Commercial & Industrial

[Subtrades/County Determinations for Santa Clara
County]

Sand Blasting Craft: Painter, Power Cleaner, Sand Blaster, Spraypainter,

Waterblaster
[Subtrades/County Determinations for Santa Clara
County]

Safety & Final Clean-Up Craft: Laborer, Group 4

[Northern California Basic Trade Determinations, [Pgs 49-
50]

*Specific rates must be determined by conforming the scope of work to the appropriate classification
within the Painter Craft. Preparation and clean-up work prior to painting is performed by the Painter.

For any work not expressly identified, please contact the Office of Equality Assurance at 408-535-8430.

OEA Reference # 10066

Clarifier Painting at the WPCP

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 Department of Public Works
EQUALITY ASSURANCE

Instructions to Obtain Prevailing Wage Determination

A copy of the current General Prevailing Wage Determination made by the Director of Industrial
Relations may be obtained from the Office of Equality Assurance at:

City of San Jose – Public Works

Equality Assurance
200 E. Santa Clara St., 5th Floor Tower
San Jose, CA 95113-1905
Phone: 408.535.8430 Fax: 408.292.6270

For Internet access to current wage rates and benefit information, you may contact the California
Department of Industrial Relations web site at http://www.dir.ca.gov/. Click on Statistics &
Research. Scroll down to Current Prevailing Wage Determinations and click on the corresponding
General Prevailing Wage Determinations Menu (Journeyman). Scroll down and follow the
directions until you locate the trade applicable to your contract. Prevailing wages for City of San Jose
contracts will be found under:

● Step One Statewide,

● Step Two (A) Northern California, or
● Step Four for Santa Clara County
Effective Dates of Determination and of Rates within Determination

Contractors are advised that rates determined by the Department of Industrial Relations are subject to
change during the term of this contract as described below.

Effective date of determination. All determinations issued by the Director of the Department of Industrial
Relations will be effective ten (10) days after issuance. Determinations issued by the Director will show an
issue date and will ordinarily show an expiration date. All determinations will remain in effect until their
expiration date or until modified, corrected, rescinded or superseded by the Director. Contractors are
advised to note the expiration date on the prevailing wage classification identified for this solicitation and the
asterisk (*) as explained in the paragraph below.

Meaning of single and double asterisks. Prevailing wage determinations with a single asterisk (*) after the
expiration date (which are in effect on the date of advertisement for bids) remain in effect for the life of the
project. Prevailing Wage determinations with double asterisks (**) after the expiration date indicate that
the basic hourly wage rate, overtime and holiday pay rates, and employer payment to be paid for work
performed after this date have been predetermined. If work is to be extended past the rate expiration date,
the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of
Labor Statistics and Research for specific rates (415) 703-4774.
All determinations that do not have the double asterisks (**) after the expiration date remain in effect for the life of the
contract.

CITY OF SAN JOSE

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 ATTACHMENT 6
Previous Customer Reference Form

Customer Name:

Customer Address:

Customer Contact:

Customer Telephone:

Date of Agreement:

Period of Performance: From: To:

Type of Contract: Firm Fixed Price Not to Exceed

Time and Material Other. Specify:
Cost Plus Fixed Fee

Number of years providing heavy industrial or clarifier

tank painting services for this customer?

Part Time?
Full Time?

Brief Description of work performed for this customer:

CITY OF SAN JOSE

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 ATTACHMENT 7
City Of San Jose
Service Order Terms And Conditions

1. DEFINITIONS: City shall mean the City of San Jose or any department thereof, Service Order
means that certain contract for services which includes these terms and conditions as well as the
information contained on the completed form appearing on the reverse of these Terms and
Conditions. References in quotes refer to the designation on the reverse. Contractor shall mean
the business as designated under “Contractor”.

2. SCOPE OF SERVICES: Contractor shall perform those services specified in detail in “Description
of Services”. Contractor will supply all tools and instrumentalities required to perform this Service
Order.

3. DATA AND FACILITIES: Contractor acknowledges that it has in its possession all applicable
specifications and drawings, and all other documents to which reference is made herein and/or
which are matched hereto, and that such data are adequate to enable Contractor fairly to
determine its ability to perform work called herein at the price and in accordance with the schedule
set forth. Contractor represents that it now has or can readily procure without assistance of City all
personnel, facilities, machinery and equipment necessary for the performance of this Service
Order.

4. CONTRACT: This purchase order constitutes City’s offer to Contractor and shall become a binding
contract upon the terms and conditions set forth herein upon acceptance by Contractor either by
acknowledgement or commencement of performance. Any terms or Conditions by Contractor in
accepting City’s offer, which are inconsistent with or in addition to the terms and conditions set
forth, shall be void and no effect unless and to the extent expressly accepted by City in writing.

5. SCHEDULE OF PERFORMANCE: Contractor’s services shall be completed according to the

schedule set forth in “Description of Services”. Time is of the essence in this Service Order.

6. TERM: The term of this Service Order shall be as set forth in “Description of Services.”

7. COMPENSATION: The compensation to be paid and the method of payment for Contractor for
services provided shall be set forth in the “Description of Services”, Contractor shall be
responsible for all costs and expenses incident to the performance of this Service Order, including
all costs of equipment provided by Contractor, all fees, fines, licenses, bonds or taxes required of
or imposed against Contractor, and all other of Contractor’s costs of doing business.

8. INDEPENDENT CONTRACTOR: It is understood and agreed that Contractor shall act as and be
an independent Contractor and not an employee, agent, joint venturer, or partner of City. As an
independent Contractor, Contractor shall obtain no rights to retirement benefits or other benefits
which accrue to City’s employees, and Contractor hereby expressly waives any claim it may have
to any such rights. Both parties acknowledge that Contractor is not an employee for state or
federal tax purposes. Contractor shall retain the right to perform services for others during the
term of this Service Order.

9. INSURANCE REQUIREMENTS: Contractor agrees to have and maintain the policies set forth in
“Insurance”, which is attached hereto and incorporated herein. All policies, endorsements,
certificates and/or binders shall be subject to approval by the Risk Manager of the City of San

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 Jose as to form and content. These Requirements are subject to Amendment or waiver if so
approved in writing by the Risk Manager. Contractor agrees to provide City with a copy of said
policies, certificates and/or endorsements before work commences under this Service Order.

10.CONTRACTOR’S DEFAULT: City’s Director of Finance or the director’s authorized designee may,
by written notice to Contractor, cancel this Service Order, in whole or from time to time in part: (I) if
the Contractor fails to perform this services strictly within the time specified herein, or if no time is
specified, within a reasonable time; (ii) if the Services performed do not conform to contractual
requirements or if Contractor fails to perform any of the other provisions of this Service Order, or
fails to make progress so as to endanger performance of this Service Order, in accordance with its
terms; or (iii) if the Contractor becomes insolvent or commits an act of bankruptcy. If this Service
Order is canceled, City, in addition to all other rights afforded by law for Contractor’s breach of
contract, shall have the right to charge Contractor the amount by which the costs of obtaining the
services canceled from another source exceed the prices specified herein, and City may set off
any such charge against any amounts which may become payable to Contractor under this
Service Order or otherwise. Notwithstanding City’s right to cancel this Service Order for delay,
Contractor shall not be liable to City for any damages therefor if: (I) Contractor’s delay is due to
causes beyond its control, and without its fault or negligence, provided Contractor promptly
notifies City of the conditions causing the delay or, (ii) Contractor’s delay is caused by the default
of a subcontractor or supplier, but only if such default arises out of beyond the control of both
Contractor and subcontractor or supplier and without the fault or negligence of either of them, and
the articles or services to be furnished by them were not obtainable from other sources in
sufficient time to permit Contractor to meet the required schedule.

11.NON-FUNDING: Each payment obligation is conditioned upon the availability of state or local
government funds, which are apportioned or allocated for the payment of such an obligation. If the
funds are not allocated and available for the continuance of the function performed by Contractor,
the product or service directly or indirectly involved in the performance of that function may be
terminated by City at the end of the period for which funds are available. City shall notify
Contractor at the earliest possible time of any products or services which will or may be affected
by a shortage of funds. No penalty shall accrue for City in the event this provision is exercised,
and City shall not be liable for any future payments due or for any damages as a result of
termination under this Section. This provision shall not be construed so as to permit City to
terminate this Service Order or any products or services in order to acquire similar equipment or
service from another party. Contractor agrees to render any assistance which City may seek in
effecting a transfer of any right of City in this Service Order, or any part hereof, that is required of
City pursuant to the securing of financing hereunder.

12.COMPLIANCE WITH LAW: Contractor shall in the performance of this Service Order comply with
all applicable Federal, State and local laws and regulations.

13. GOVERNING LAW: City and Contractor agree that the law governing this Agreement shall be that
of the State of California.

14. VENUE: In the event that suit shall be brought by either party to this contract, the parties agree
that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where
otherwise appropriate, exclusively in the Unite States District Court, Northern District of California,
San Jose, California.

15. ASSIGNMENT OF CONTRACT: Contractor shall not assign any of the work to be performed
under this Service Order nor shall Contractor subcontract for work without City’s prior written
consent.

CITY OF SAN JOSE

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16. WAIVERS: Failure by City to insist, in any one or more instances, upon the performance of any of
the terms, covenants or conditions of this Service Order, or to exercise any right hereunder, shall
not be construed as a waiver or relinquishment of the future performance of any such item,
covenant or condition or the future exercise of such right, but obligation of Contractor with respect
to such future performance shall continue in full force and effect.

17.CONFIDENTIAL INFORMATION: All data, documents, discussions or other information developed

or received by or for Contractor in performance of this Service Order are confidential and not to be
disclosed to any person except as authorized by CITY, or as required by law.

18.OWNERSHIP OF MATERIALS: All reports, documents or other materials developed or discovered

by Contractor or any other person engaged directly or indirectly by Contractor to perform the
services required hereunder shall be and remain the property of City without restriction or
limitation upon their use.

19.CHANGES: Buyer shall have the right by written notice to change the extent of the work covered
by the Service Order, the time or place of delivery, the method of shipment or packaging, or to
suspend work. The only valid change is a change order signed by the Director of Finance or
director’s authorized designee. Upon receipt of any such notice, Contractor shall promptly make
the changes in accordance with the terms of the notice. If any such change causes an increase or
decrease in the cost of performance or in the time required for performance, an equitable
adjustment shall be negotiated promptly and the Service Order modified in writing accordingly.
Contractor shall promptly deliver to Buyer, and in any event within (30) days after receipt of such
notice, a statement showing the effect of any such changes in the delivery dates and prices, such
statement to be supplemented within thirty (30) days from the data thereof by detailed
specification of the amount of the price adjustment and supporting cost figures. Failure of
Contractor to submit the statements within the above time limits shall constitute its consent to
perform the change without increase in price, without claim for material rendered obsolete and
without change in delivery schedule.

20.TERMINATION: The performance of work under this Service Order may be terminated in whole or
from time to time in part by Buyer. City’s Director of General Services is empowered to terminate
this purchase order on behalf of City.

21.CONTRACTOR’S BOOKS AND RECORDS: Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents evidencing or
relating to charges for services, or expenditures and disbursements charged to City for a minimum
period of three (3) years, or for any longer period required by law, from the date of final payment to
Contractor pursuant to this Service Order. Contractor shall maintain all documents and records
which demonstrate performance under this Service Order for a minimum period of three (3) years,
or for any period longer required by law, from the date of termination or completion of this service
order. Any records or documents required to be maintained pursuant to this Service Order shall be
made available for inspection or audit, at any time during regular business hours, upon written
request by City Attorney, City Auditor, City Manager or a designated representative of any of these
officers. Copies of such documents shall be provided to City for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Contractor’s business, City may, by written request by any of the above-named
officers, require that custody of the records by given to City and that the records and documents
be maintained in City Hall. Access to such records and documents shall be granted to any party
authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.

22. NON-DISCRIMINATION:

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 a. Prohibition on Discrimination and Preferential Treatment.
Contractor shall not discriminate against or grant preferential treatment to any person on the
basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity or national origin.
This provision is applicable to recruiting, hiring, demotion, layoff, termination, compensation,
fringe benefits, advancement, training, apprenticeship and other terms, condition, or privileges
of employment, subcontracting and purchasing.
Noting herein shall be interpreted as precluding any reasonable accommodation provided to
any person with a disability.
b. Compliance Reports.
If directed by the Director of Equality Assurance of the City, Contractor shall file, and cause
any subcontractor to file, compliance reports with the Director of Office of Equality Assurance.
Compliance reports shall be in the forms and filed at such times as may designated by the
Director of Office Equality Assurance. Compliance reports shall contain such information and
be supported by such data or records as may be requested by the Director of Office of
Equality Assurance to determine whether Contractor or its subcontractor is complying with the
nondiscrimination and non-preference provision of this Agree and Chapter 4.08 of the
Municipal Code.
c. Failure to Comply With Nondiscrimination Provisions
If the Director of Office of Equality Assurance determines that the Contractor has not complied
with the nondiscrimination or non-preference provisions of this Agreement, the City may
terminate or suspend this Agreement, in whole or in part. Failure to comply with these
provisions may also subject Contractor and/or subcontractor to debarment proceedings
pursuant to provisions of the San Jose Municipal Code. Failure to comply with these
provisions is a violation of Chapter 4.08 of the San Jose Municipal Code and is a
misdemeanor.
d. Subcontracts.
Contractor shall include provisions 1 through 3, inclusive, in each subcontract entered into in
furtherance of this agreement so that such provisions are binding upon each of its
subcontractors.
e. Waiver of Non-discrimination Provisions.
The non-discrimination provisions of this agreement may be waived by the Director of Office of
Equality Assurance, if Director of Office of Equality Assurance determines that the Contractor
has its own non-discrimination requirements or is bound in the performance of this agreement
by the non-discrimination requirements of another government agency, and the non-
discrimination provisions of the Contractor or other government agency are substantially the
same as those imposed by the City.

23. GIFTS: Contractor represents that it is familiar with the City’s prohibition against the acceptance
for any gift by a City officer or designated employee, which prohibition is found in Chapter 12.08 of
the San Jose Municipal Code. Contractor agrees not to offer any City officer or designated
employee any gift prohibited by said Chapter. The offer or giving of any gift prohibited by Chapter
12.08 shall constitute a material breach of this Service Order by Contractor. In addition to any
other remedies City may have in law or equity, City may terminate this Service Order for such
breach.

24.CONFLICT OF INTEREST: Contractor shall avoid all conflict of interest or appearance of conflict of
interest of this Service Order.

25.DISQUALIFICATION OF FORMER EMPLOYEES: Contractor is familiar with the provisions relating

to the disqualification of former officers and employees of City in matters which are connected with
former duties or official responsibilities as set forth in Chapter 12.10 of the San Jose Municipal
Code (“Revolving Door Ordinance). Contractor shall not utilize either directly or indirectly any
officer, employee, or agent who would be in violation of the Revolving Door Ordinance.

CITY OF SAN JOSE

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26.WARRANTY AGAINST INFRINGEMENT: If any article or service provided to City hereunder is
covered, or is purported to be covered, by any patent or copyright, Contractor agrees to defend,
indemnify and hold harmless the City, its officers, agents and employees, from and against any
and all suits, claims, judgements and costs instituted or recovered against it by any person or
persons whomsoever, on account of the purchase, use or resale of such article by City in violation
or claimed violation of any rights under patent or copyright.

27.INDEMNITY: Contractor agrees to defend, indemnify and hold harmless the City, its officers,
agents, and employees, from any and all claims and liability, including expenses, for injuries to
persons or damage to persons or damage to or destruction of property caused by or resulting from
the acts or omissions of Seller, its agents, suppliers or employees, in the performance of this
purchase order.

CITY OF SAN JOSE

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 ATTACHMENT 8
Insurance Requirements

CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from, or in connection with, the
performance of the work hereunder by the CONTRACTOR, his agents, representatives, employees or
subcontractors. The cost of such insurance shall be included in the CONTRACTOR’s bid.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage ("occurrence" form

CG 0001), including products and completed operations, and X, C, U where applicable; and

2. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1
"any auto," or code 2 "owned autos" and endorsement CA 0025. Coverage also to include
code 8 "hired autos" and code 9 "non-owned" autos; and

3. Workers' Compensation insurance as required by the Labor Code of the State of

California and Employers Liability insurance.

B. Minimum Limits of Insurance

CONTRACTOR shall maintain limits no less than:

1. Commercial General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage; and

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage; and

3. Workers' Compensation and Employers Liability: Workers' Compensation limits as

required by the Labor Code of the State of California and Employers Liability limits of
$1,000,000 per accident.

C. Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to, and approved by, the CITY. At the
option of the CITY, either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the CITY, its officials, employees, agents and contractors; or the
CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses in an amount specified by the CITY.

D. Other Insurance Provisions

The policies are to contain, or be endorsed to contain, the following provisions:

1. Commercial General Liability and Automobile Liability Coverages

a. The CITY, its officials, employees, agents and contractors are to be

covered as an additional insured as respects: liability arising out of activities performed by, or

CITY OF SAN JOSE

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 on behalf of, the CONTRACTOR; products and completed operations of the CONTRACTOR;
premises owned, leased or used by the CONTRACTOR; or automobiles owned, leased, hired
or borrowed by the CONTRACTOR. The coverage shall contain no special limitations on the
scope of protection afforded to the CITY, its officials, employees, agents and contractors.

b. The CONTRACTOR’s insurance coverage shall be primary insurance as

respects the CITY, its officials, employees, agents and contractors. Any insurance or self-
insurance maintained by the CITY, its officials, employees, agents or contractors shall be in
excess of the CONTRACTOR’s insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the CITY, its officials, employees, agents, or contractors.

d. Coverage shall state that the CONTRACTOR’s insurance shall apply

separately to each insured against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.

2. All Coverages

Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) days'
prior written notice has been given to the CITY.

E. Acceptability of Insurers

Insurance is to be placed with insurers acceptable to the CITY’s Risk Manager.

F. Verification of Coverage

CONTRACTOR shall furnish the CITY with certificates of insurance and with original
endorsements affecting coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf.

Proof of insurance shall be mailed to the following address or any subsequent address as may
be directed in writing by the Risk Manager:

City of San Jose - Finance

Risk Management
200 East Santa Clara St. 4th Floor Tower
San Jose, CA 95113-1905

G. Subcontractors

CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain
separate certificates and endorsements for each subcontractor.

CITY OF SAN JOSE

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 ATTACHMENT 9
Environmentally Preferable Procurement Program (EP3) Information Sheet

Please review the contents of this document then provide the information requested at the end of this
document regarding the product and/or service offered. This document is to be submitted with your
Bid or Proposal. The document will not be utilized in the determination of the overall low bidder. The
complete Council Policy (4-6) can be viewed at: www.municode.com/Resources/gateway.asp?
pid=14440&sid=5

Background

The City of San José has adopted an Environmentally Preferable Procurement (“EPP”) Policy
(Council Policy 4-6). The goal is to encourage the procurement of products and services that help to
minimize the environmental impact resulting from product consumption during the completion of
services, as well as the use and disposal of products purchased. These products include, but are not
limited to, those that contain recycled content, conserve energy or water, minimize waste or reduce
the amount of toxic material used and disposed.

The City encourages the use of products that minimize adverse environmental and health effects and
take into consideration both the costs associated with the full product life cycles.

What Is Environmentally Preferable Procurement (EPP)?

Environmentally Preferable Procurement (EPP) is a process for selecting products or services that
have a lesser or reduced effect on human health and the environment when compared with
competing products or services that serve the same purpose. In the simplest terms, EPP means
adding environmental considerations to purchasing decisions along with such traditional factors as
performance, price, health, and safety. EPP considerations include:

 durability
 energy and water efficiency
 remanufactured parts and recycled content
 ability to reuse or recycle
 existence of harmful or dangerous chemicals.

The EPP process builds on these single attributes and encourages purchasers to examine multiple
attributes such as energy efficiency and recycled content and toxicity and the use of renewable
resources and other environmental attributes. The mix of attributes will depend on the specific product
or service being evaluated.

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The City is interested in understanding positive environmental attributes as outlined below. You may
attach additional sheets as may be required.

Product or Service Environmental Profile: Yes No Detailed Product/Service

Information
1. Are the Products offered or utilized in
providing this service certified by independent
certification programs such as Energy Star,
Green Seal, EcoLogo, or EPEAT?

2. Do the Products offered or utilized in

providing this service contain recycled material
content?

3. Do the Products offered or utilized in

providing this service reduce energy
consumption?

4. Do the Products offered or utilized in

providing this service reduce toxicity, including
emissions?

5. Do the Products offered or utilized in

providing this service reduce water
consumption?

6. Do the Products offered or utilized in

providing this service reduce waste?

CITY OF SAN JOSE

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 APPENDIX 1
LABOR COMPLIANCE ADDENDUM
SAN JOSÉ LIVING WAGE AND PREVAILING WAGE POLICIES

AGREEMENT TITLE: INSERT EITHER: "Name of Agreement" or "Service Order No.____”

CONTRACTOR
Name and Address:

By executing this Addendum, Contractor acknowledges and agrees that the work performed pursuant to the above referenced
Agreement or Service Order is subject to all applicable provisions.

Payment of Minimum Compensation to Employees. Contractor shall be obligated to pay not less than the General Prevailing Wage
Rate and/or Living Wage Rate as indicated in the attached Exhibit(s) titled Work Classification and/or Living Wage
Determination.

A. Prevailing Wage Requirements. California Labor Code and/ or Resolutions of the San Jose City Council require the payment of
not less than the general prevailing rate of per diem wages and rates for holiday and overtime and adherence to all labor
standards and regulations. The General Prevailing Wage Rates may be adjusted throughout the term of this Agreement.
Notwithstanding any other provision of this Agreement, Contractor shall not be entitled to any adjustment in compensation rates
in the event there are adjustments to the General Prevailing Wage Rates.

B. Living Wage Requirements. Any person employed by Contractor or subcontractor or City financial recipient or any subrecipient
whose compensation is attributable to the City’s financial assistance, who meets the following requirements is considered a
covered employee. The employee: 1) is not a person who provides volunteer services, that are uncompensated except for
reimbursement of expenses such as meals, parking or transportation; 2) spends at least half of his or her time on work for the
City [4 hours a day or 20 hours a week]; 3) is at least eighteen (18) years of age; and 4) is not in training for the period of
training specified under training standards approved by the City.

C. Reports. Contractor shall file a completed and executed copy of this Addendum with the Department of General Services. Upon
award the Department of General Services shall provide the contractor with compliance documents to be completed and returned
(with supporting documentation) to the Office of Equality Assurance. These documents must be returned within 10 days of
receipt. Contractor shall not perform on site work on this contract until labor compliance documents are filed. Contractor shall
also report additional information, including certified payrolls, as requested by Director of Equality Assurance to assure
adherence to the Policy.

D. Coexistence with Any Other Employee Rights. These provisions shall not be construed to limit an employee’s ability to bring
any legal action for violation of any rights of the employee.

E. Audit Rights. All records or documents required to be kept pursuant to this Agreement to verify compliance with the Wage
Requirement shall be made available for audit at no cost to City, at any time during regular business hours, upon written request
by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records
or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is
mutually agreed upon, the records or documents shall be available at Contractor’s address indicated for receipt of notices in this
Contract.

F. Enforcement.

1. General. Contractor acknowledges it has read and understands that, pursuant to the terms and conditions of this Agreement,
it is required to comply with the Wage Requirement and to submit certain documentation to the City establishing its
T-20.003.001/431681335.DOC APPROVED AS TO FORM BY THE SAN JOSÉ CITY ATTORNEY’S OFFICE 2/17/06
 CITY OF SAN JOSÉ - LABOR COMPLIANCE ADDENDUM - PAGE 2

compliance with such requirement. (“Documentation Provision.”) Contractor further acknowledges the City has
determined that the Wage Requirement promotes each of the following (collectively “Goals”):
a. It protects City job opportunities and stimulates the City’s economy by reducing the incentive to recruit and pay a
substandard wage to labor from distant, cheap-labor areas.
b. It benefits the public through the superior efficiency of well-paid employees, whereas the payment of inadequate
compensation tends to negatively affect the quality of services to the City by fostering high turnover and instability in
the workplace.
c. Paying workers a wage that enables them not to live in poverty is beneficial to the health and welfare of all citizens of
San Jose because it increases the ability of such workers to attain sustenance, decreases the amount of poverty and
reduces the amount of taxpayer funded social services in San Jose.
d. It increases competition by promoting a more level playing field among contractors with regard to the wages paid to
workers.

2. Remedies for Contractor’s Breach of Prevailing Wage/Living Wage Provisions.

a. WITHHOLDING OF PAYMENT: Contractor agrees that the Documentation Provision is critical to the City’s ability
to monitor Contractor’s compliance with the Wage Requirement and to ultimately achieve the Goals. Contractor further
agrees its breach of the Documentation Provision results in the need for additional enforcement action to verify
compliance with the Wage Requirement. In light of the critical importance of the Documentation Provision, the City
and Contractor agree that Contractor’s compliance with this Provision, as well as the Wage Requirement, is an express
condition of City’s obligation to make each payment due to the Contractor pursuant to this Agreement. THE CITY IS
NOT OBLIGATED TO MAKE ANY PAYMENT DUE THE CONTRACTOR UNTIL CONTRACTOR HAS
PERFORMED ALL OF ITS OBLIGATIONS UNDER THESE PROVISIONS. THIS PROVISION MEANS
THAT CITY CAN WITHOLD ALL OR PART OF A PAYMENT TO CONTRACTOR UNTIL ALL REQUIRED
DOCUMENTATION IS SUBMITTED. Any payment by the City despite Contractor’s failure to fully perform its
obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this
Agreement or a waiver of the right to withhold payment for any subsequent breach of the Wage Requirement or the
Documentation Provision.

b. RESTITUTION: Contractor agees that in the event of a breach of its obligations it will pay any amounts underpaid in
violation of the required payments and City’s administrative costs and liquidated damages and, in the case of financial
assistance, to refund any sums disbursed by the City.

c. LIQUIDATED DAMAGES FOR BREACH OF WAGE PROVISION: Contractor agrees its breach of the Wage
Requirement would cause the City damage by undermining the Goals, and City’s damage would not be remedied by
Contractor’s payment of restitution to the workers who were paid a substandard wage. Contractor further agrees that
such damage would increase the greater the number of employees not paid the applicable prevailing wage and the
longer the amount of time over which such wages were not paid. The City and Contractor mutually agree that making a
precise determination of the amount of City’s damages as a result of Contractor’s breach of the Wage Requirement
would be impracticable and/or extremely difficult. THEREFORE, THE PARTIES AGREE THAT, IN THE
EVENT OF SUCH A BREACH, CONTRACTOR SHALL PAY TO THE CITY AS LIQUIDATED DAMAGES
THE SUM OF THREE (3) TIMES THE DIFFERENCE BETWEEN THE ACTUAL AMOUNT OF WAGES
PAID AND THE AMOUNT OF WAGES THAT SHOULD HAVE BEEN PAID.

d. ADDITIONAL REMEDIES: Contractor agrees that in addition to the remedies set forth above City retains the right
to suspend or terminate the Agreement for cause and to debar Contractor or subcontractors from future City contracts
and/or deem the recipient ineligible for future financial assistance.

City Contractor

By_______________________________ By_______________________________
Name Gordon Johnson Name:
Title:Procurement Manager Title:
Date:_____________________________ Date:_____________________________

T-20.003.002/431681335.DOC APPROVED AS TO FORM BY THE SAN JOSÉ CITY ATTORNEY’S OFFICE 2/28/06