CONTRACT DOCUMENTS, PLANS & SPECIFICATIONS FOR REHABILITATION OF:

Casa de Noche Buena

Rehabilitation Project

Community Human Services

PO Box 3076 Monterey, CA 93942

Funding for this project is received from the

Homeless Emergency Aid Program

Notice Inviting Bids

Casa de Noche Buena Rehabilitation Project

PUBLIC NOTICE IS HEREBY GIVEN that Community Human Services will receive sealed bids for the above stated project in the

office of Community Human Services, located at Community Human Services, 2560 Garden Rd., Suite 201-B, Monterey, CA 93942,

until 4:00 p.m. on Tuesday, March 17th, 2020, at which time all bids will be publicly opened and read aloud.

The scope of the work will consist of all labor, material, equipment and services necessary to complete the work shown in the

specifications, including but not limited to architectural, food service area, kitchen equipment, HVA (mechanical), plumbing, and

electrical work related to rehabilitating Casa de Noche Buena, located at 1292 Olympia Avenue, in Seaside, CA 93955, to a facility fit

to house an emergency shelter for homeless women and children with families.

Copies of the Bid Documents will be available on Monday, February 10, 2020 from the Community Human Services office:

l o c a t e d a t 2560 Garden Rd., Suite 201-B, Monterey, CA 93942; by telephone – 831-658-3811; by fax – 831-658-3815; or by

email – rrapp@chservices.org.

The bidder shall examine carefully the site of the work contemplated and the proposal, specifications, and contract forms

therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the

character, quality and quantities of work to be performed, materials to be furnished, and as to the requirements of the

specifications, these special provisions, and the contract. The MANDATORY pre-bid meeting will be held at Casa de Noche

Buena, 1292 Olympia Ave., Seaside, CA 93955 on Tuesday, February 25, 2020 at 2:00pm.

This is a state-assisted project and Prevailing Wage requirements will be strictly enforced.

This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section

12990.

Community Human Services hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant

to this advertisement, disadvantaged business enterprises (DBE’s) will be afforded full opportunity to submit bids in response

to this invitation.

Bidders are required to sign and submit the provided contract forms. No bid will be considered unless it is made on a proposal form

furnished by Community Human Services and is accompanied by a bid bond for ten percent (10%) of the bid amount. The

successful bidder shall furnish a Labor and Materials Bond, a Performance Bond, and a Surety Bond. The successful bidder

will be required to secure a City of Seaside business license before commencing work on the project and must possess a Class B

California Contractor’s License. Contractors and subcontractors employed on this job may not be subject to an active federal

exclusion.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be

done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the

General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at

http://www.dir.ca.gov. The wage rates are not included in the bid book.

All apprentices employed on this job, including those employed by lower-tier contractors, must be enrolled in a federally-

recognized apprenticeship program. All workers not enrolled as active apprentices must be paid the journeyman rate for the

applicable trade for work performed. To be in compliance with the apprentice requirements the successful contractor must:

employ enrolled apprentices; request apprentices; employ apprentices within the allowable apprentice-to-journeyman ratio;

employ apprentices under the supervision of a journeyman; pay apprentices the correct prevailing wage and fringe benefits; pay

the correct Apprentice Training Contribution.

The Contractor will be required to maintain and distribute certified payroll records in compliance with Section 1776 of the California

Labor Code.

Notice is given to all bidders that no more than 70% of the work, as defined by the contract price, may be done by subcontractors.

Bidders shall contact the Community Human Services office the day prior to Bid opening to obtain any addenda information. Submittal

of a signed Bid shall be evidence that the Bidder has obtained this information and that the Bid is based on any changes contained

therein.

Notice is also hereby given that all Bidders may be required to furnish a sworn statement of their financial responsibility, technical

ability and experience before award is made to any particular Bidder.

Provision is made for security substitution on payment withholds as provided in Public Contract Code Sections 22200 and 22300.

Community Human Services reserves the right to reject any or all bids and the right to waiver minor irregularities or informalities in any bid proposal.

COMMUNITY HUMAN SERVICES

COMMUNITY HUMAN SERVICES

II Special Provisions

Casa de Noche Buena Rehabilitation Project

SECTION 1. DEFINITIONS AND TERMS

1.1 GENERAL. -- The work embraced herein shall be done in accordance with the technical specifications contained herein and the

Standard Specifications of the State of California Department of Transportation dated 2010 insofar as the same may apply, which

specifications are hereinafter referred to as the "standard specifications," and in accordance with the following provisions.

In the event of conflict in the contract documents, the order of precedence from highest to lowest shall be as follows:

The attached contract, contract change order(s), addenda, permits from other agencies as may be required, special provisions,

project plans, technical specifications, standard specifications, contract proposal, notice inviting bids, bonds.

Whenever in the Standard Specifications, the terms "State of California," "Department of Transportation," "Director," "Division of Highways,"

"Chief Project Manager," "Project Manager," or "Laboratory" are used, the following terms shall be substituted therefore and any reference

to any of the above terms shall be understood and interpreted to mean and refer to such substituted terms as follows:

"State of California," substitute "Community Human

Services."

"Department of Transportation" -- the " Community Human

Services Board of Directors."

"Director"-- the “Community Human Services CEO."

"Division of Highways"—“Community Human Services."

"Project Manager" or "Chief Project Manager"-- the "Community Human Services Project Manager acting either directly or

through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

"Laboratory"-- the contract laboratory of Community Human Services or such other laboratory as may be authorized by the

Community Human Services to test materials and work involved in the contract.

1.2 GENERAL PREVAILING WAGE RATES, EQUIPMENT RENTAL RATES, AND LABOR SURCHARGE.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the County of Monterey have been determined by the

Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this

project. Current prevailing wage rates can be found in “General Prevailing Wage Determinations made by the Director of Industrial

Relations” (wage determinations) at the Division of Labor Statistics and Research, Prevailing Wage Unit, P. O. Box 420603, San

Francisco, CA 94142, (415) 703-4774, or at DIRs website at http://www.dir.ca.gov/DLSR/statistics_research.html

The labor surcharge, equipment rental rates, and the right-of-way delay factors for each classification of equipment are listed in the

Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates." All references in the Standard

Specifications to labor surcharge, equipment rental rates, or right-of-way delay factors set forth, listed or shown in the Department of

Transportation publication entitled "Equipment Rental Rates and General Prevailing Wage Rates" shall be deemed to mean the labor

surcharge, equipment rental rates, and right-of-way delay factors listed in the department's publication entitled "Labor Surcharge and

Equipment Rental Rates."

Whenever in these special provisions attention is directed to specific portions of the standard specifications, such direction is not exclusive

and shall not be interpreted as excluding other applicable provisions of said specifications. When sections and subsections of the standard

specifications are used in these special provisions, such use is not exclusive and shall not be interpreted as excluding other applicable

provisions of said specifications.

SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS

2.1 GENERAL

The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Standard Specifications

and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form

and the submission of the bid.

The Bidder's Bond form mentioned in the last paragraph in Section 2.6, "Proposal Guaranty," of the Standard Specifications will be

found following the signature page of the Proposal.

In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall

also constitute signature of the Noncollusion Affidavit.

The contractor, sub recipient or subcontractor shall not unlawfully discriminate, harass, or allow harassment against any employee

or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry,

religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental

disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran

status, and denial of medical and family care leave or pregnancy disability leave.

The contractor, sub recipient or subcontractor shall ensure that the elevation and treatment of their employees and applicants for

employment are free from such discrimination and harassment. The contractor, sub recipient or subcontractor shall comply with the

provisions of the Fair Employment and Housing Act (Government Code section 12990 (a-f) et seq.) and the applicable regulations

promulgated thereunder (California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair

Employment and Housing Commission implementing Government Code section 12900 (a-f), set forth in Chapter 5 of Division 4 of Title

2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

The contractor, sub recipient or subcontractor shall give written notice of their obligations under this clause to labor organizations with

which they have a collective bargaining or other agreement.

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the

performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part

26 in the award and administration of assisted contracts. Failure by the contractor to carry out these requirements is a material breach

of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each

subcontract signed by the bidder must include this assurance.

Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening,

including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder's

responsibility in the event it is the apparent low bidder on a future public works contracts.

(1) NOT USED

2.2 NOT USED

2.3 EXAMINATION OF SPECIFICATIONS, SPECIAL PROVISIONS, AND WORK SITE. -- The bidder shall examine carefully the

site of the work contemplated and the proposal, specifications, and contract forms therefore. It will be assumed that the bidder has

investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed,

materials to be furnished, and as to the requirements of the specifications, these special provisions, and the contract. The MANDATORY pre-

bid meeting will be held at Casa de Noche Buena. 1292 Olympia Avenue, Seaside, CA 93955 on Tuesday, February 25, 2020 at 2:00pm.

If any party contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the specifications or

proposed contract documents, or finds discrepancies in or omissions from the specifications, shall submit to the Community Human Services

a written request for an interpretation or correction thereof. The party submitting the request will be responsible for its prompt delivery.

Any interpretation or correction of the proposed documents prior to bid opening will be made only by addendum duly issued and posted on

the Community Human Services website. , Community Human Services will not be responsible for any other explanations or interpretations of

the proposed documents

. 2.4 PROPOSAL FORMS. -- All proposals shall be made upon the forms obtained from Community Human Services. Proposals

submitted on forms other than those issued by the Community Human Services will be disregarded. All bids shall be presented under

sealed cover, plainly marked "Proposal" and identifying the project name and number.

2.5 REJECTION OF PROPOSALS CONTAINING ALTERATIONS ERASURES, OR IRREGULARITIES.-- Proposals may be

rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

2.6 PROPOSAL GUARANTY.-- All bids shall be accompanied by cash, cashier's or certified check, or by bidder's bond made

payable to the Community Human Services and executed as surety by some corporation authorized to issue surety bonds in the State of

California, for an amount equal to at least ten percent of the total bid amount. No bid shall be considered unless cash, cashiers' or certified

check, or bidder's bond is enclosed therewith.

2.7 WITHDRAWAL OF PROPOSAL.-- Any bid may be withdrawn at any time prior to, but not after, the hour fixed in the public notice

for the opening of bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal of

such bid, is filed with the Community Human Services Project Manager. The withdrawal of a bid shall not prejudice the right of a bidder to file a

new bid.

2.8 PUBLIC OPENING OF PROPOSALS.-- Proposals will be opened and read publicly at the time and place indicated in the Notice

to Bidders. Bidders or their authorized agents and the public are invited to be present.

2.9 DISQUALIFICATION OF BIDDERS.-- More than one proposal from an individual, firm, or partnership, a corporation, or an

association under the same or different names, will not be considered. Section 2-1.10 of the Standard Specifications shall not be interpreted

to mean that the same Contractor may not be interested in one bid as prime Contractor and another as subcontractor, providing no collusion

exists. Proposals in which the prices are unbalanced may be rejected.

2.10 PREVIOUS DISQUALIFICATION, REMOVAL, OR OTHER PREVENTION OF BIDDING.-- Attention is particularly directed to

Section 2-1.105 of the Standard Specifications.

2.11 COMPETENCY OF BIDDERS.-- No bid will be accepted from or contract awarded to a Contractor to whom a proposal form has

not been submitted on the forms provided or who has not successfully performed on projects of similar character and scope of proposed

construction.

2.12 PERMITS AND LICENSES.-- In accordance with the provisions of Section 7-1.04 of the Standard Specifications, the Contractor

shall:

Hold a valid City of Seaside business license during the execution of this contract.

Possess a Class B Contractor license prior to commencing the work.

Obtain all applicable permits.

Obtain City of Seaside encroachment and building permits as necessary

SECTION 3. AWARD AND EXECUTION OF CONTRACT

3.1 GENERAL The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of

the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of

contract.

Bid protests are to be delivered to the following address: 2560 Garden Rd., Suite 201-B, Monterey, CA 93942

The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the

requirements prescribed.

The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to Community

Human Services so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has

received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed

contract documents shall be delivered to the following address: 2560 Garden Rd., Suite 201-B, Monterey, CA 93942.

3.2 AWARD OF CONTRACT. -- Community Human Services reserves the right to reject any or all bid proposals and to

waive minor irregularities or informalities in any bonds or in any proposals. Bids are required for all the work described herein unless

otherwise indicated on the proposal. The award of contract, if awarded, will be made within ninety calendar days to the lowest

responsible bidder whose proposal complies with all the requirements prescribed. Award shall be based on available funding. Should

Bids exceed the amount of funding available, a partial award may be made to the lowest responsible bidder to the level that funding is

available.

3.3 CONTRACT BONDS. -- The successful bidder shall furnish three separate bonds: a performance bond, a labor and

materials bond and a surety bond. Each of the said bonds shall be executed in a sum equal to one hundred percent of the Contract

price and issued by a bonding company with an A.M. Best rating of A- or better, or instrument of credit.

Performance Bond: This bond shall guarantee the faithful performance of said contract by the Contractor. The performance

bond will be held until final acceptance of the project.

Labor and Materials Bond: This bond shall be furnished as required by the terms of Division 3, Title 15, Chapter 7, Section

3247, et seq. of the Civil Code of the State of California. The Labor and Materials bond shall be held until final acceptance of

the project.

Surety Bond: This bond shall serve as surety for the guaranty requirements, as follows. The successful bidder

shall unconditionally guarantee the materials for a period of one year from the date of recording of the notice of

completion. The guarantee shall cover one hundred percent of all costs of repairs within this one-year period,

including all costs of labor, materials, equipment and incidentals. A surety bond in the amount of one hundred

percent of the contract price shall be furnished to Community Human Services by the successful bidder to cover the

aforesaid guaranty.

Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and

material suppliers, become insufficient, or Community Human Services has cause to believe that such surety or sureties have

become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not

exceeding that originally required as is considered necessary considering the extent of the work remaining to be done. Thereafter,

no payment shall be made upon such contract to the Contractor or any assignees of the Contractor until such bond or bonds or

additional surety have been furnished.

3.4 EXECUTION OF CONTRACT. -- Attention is directed to the provisions in Section 3-1.03 “Execution of Contract” of the

Standard Specifications. The contract shall be signed by the successful bidder and returned, together with the contract bonds, copies

of insurance policies, and Certificates of Insurance within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder

has received the contract for execution.

3.5 FAILURE TO EXECUTE CONTRACT. -- Failure to execute a contract and file acceptable bonds within five calendar days

after receiving notice that the contract has been awarded shall be just cause for the annulment of the award and the forfeiture of the

proposal guaranty. If the successful bidder refuses or fails to execute the contract, Community Human Services may award the

contract to the second lowest responsible bidder. On the refusal or failure of the second or third lowest responsible bidder to whom

such contract is so awarded to execute the same, such bidder's guaranty shall be likewise forfeited to the Community Human Services.

The work may then be readvertised or may be constructed by day labor as the Community Human Services Council may decide.

3.6 RETURN OF PROPOSAL GUARANTIES. -- Within ten days after the award of contract, Community Human Services

will return the proposal guaranties accompanying such of the proposals as are not to be considered in making the award. All other

proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidder

whose proposal they accompany.

3.7 INDEMNIFICATION -- To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold harmless,

Community Human Services and any and all of Community Human Services’ boards, officers, employees, agents, assigns, and

successors in interest through legal counsel reasonably acceptable to the Community Human Services, from and against any and

all claims losses, demand and expenses, including, but not limited to, attorney's fees and cost of litigation, on account of bodily

injury, including death, or property damage arising out of or in any way connected to the work performed by Contractor under this

agreement. Without affecting the rights of Community Human Services under any provision of this agreement, Contractor shall not be

required to indemnify and hold harmless Community Human Services for liability attributable to the active negligence of Community

Human Services, provided such active negligence is determined by agreement between the parties or by the findings of a court of

competent jurisdiction. In instances where Community Human Services is shown to have been actively negligent and where

Community Human Services’ active negligence accounts for only a percentage of the liability involved, the obligation of Contractor

will be for that entire portion or percentage of liability not attributable to the active negligence of Community Human Services.

3.8 RESPONSIBILITY FOR DAMAGE AND INSURANCE -- Prior to the beginning of and throughout the duration of the

work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage

to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do

so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of

coverage required. Any insurance proceeds available to Community Human Services in excess of the limits and coverage required in

this agreement and which is applicable to a given loss, will be available to Community Human Services.

Contractor shall provide the following types and amounts of insurance:

1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01

or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims

or suits by one insured against another. Limits shall be no less than $2,000,000 per occurrence for all covered losses and

no less than $4,000,000 general aggregate.

Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of

the following:

Explosion, collapse or underground hazard (XCU)

Products and completed operations

Pollution liability

Contractual liability

Coverage shall be applicable to Community Human Services for injury to employees of contractors, subcontractors or others

involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project.

2. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's

liability limits no less than $1,000,000 per accident for all covered losses.

Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the

exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no

vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described

above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide

evidence of personal auto liability coverage for each such person.

3. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as

broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a

drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered

by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable

in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured

against another. Coverage shall be applicable to Community Human Services for injury to employees of Contractor,

subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of Community

Human Services following receipt of proof of insurance as required herein. Limits are subject to review but in no event less

than $1,000,000 per occurrence and aggregate.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and

with an A.M. Best rating of A- or better and a minimum financial size VII.

Contractor and Community Human Services agree as follows:

1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds

Community Human Services, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an

edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any

way with the project contemplated by this agreement to do likewise.

2. Any waiver of subrogation express or implied on the part of Community Human Services to any party involved in this

agreement or related documents applies only to the extent of insurance proceeds actually paid. Community Human Services,

having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right

to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights

against Community Human Services regardless of the applicability of any insurance proceeds, and to require all contractors,

subcontractors or others involved in any way with the project(s) contemplated by this agreement, to do likewise.

3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this agreement

shall be endorsed to delete the subrogation condition as to Community Human Services, or to specifically allow Contractor

or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of

existing policy wording that may appear to allow such waivers.

4. It is agreed by Contractor and Community Human Services that insurance provided pursuant to these requirements is not

intended by any party to be limited to providing coverage for the vicarious liability of Community Human Services, or to

the supervisory role, if any, of Community Human Services. All insurance coverage provided pursuant to this or any other

agreement (express or implied) in any way relating to Community Human Services is intended to apply to the full extent of

the policies involved. Nothing referred to here or contained in any agreement involving Community Human Services in

relation to the project(s) contemplated by this agreement is intended to be construed to limit the application of insurance

coverage in any way.

5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement

of any kind that has not been first submitted to Community Human Services and approved of in writing.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the Community

Human Services, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. e1imation of

contractual liability or reduction of discovery period) that may affect Community Human Services' protection without

Community Human Services' prior written consent.

7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates

of insurance, at the option of Community Human Services, shall be delivered to Community Human Services at or prior to

the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such

insurance is canceled at any time and no replacement coverage is provided, Community Human Services has the right, but

not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to

pay the premium. Any premium so paid by Community Human Services shall be charged to and promptly paid by Contractor

or deducted from sums due Contractor, at Community Human Services option.

Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require

30 days’ notice to Community Human Services and the appropriate tender prior to cancellation of such liability coverage and

notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any

other party in any way involved with the project contemplated by this agreement to do likewise.

8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any

subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance

available to Community Human Services.

9. Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in

the project by contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and

review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the

requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the

project will be submitted to Community Human Services for review.

10. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same

starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have

concurrent starting and ending dates.

11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required

herein and further agrees that it will not allow any contractor, subcontractor, Architect, Project Manager or other entity or person

in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to

Community Human Services. If contractor's existing coverage includes a deductible or self-insured retention, the deductible or

self-insured retention must be declared to the Community Human Services. At that time the Community Human Services shall

review options with the contractor, which may include reduction or elimination of the deductible or self-insured retention,

substitution of other coverage, or other solutions.

12. The Community Human Services reserves the right at any time during the term of the contract to change the amounts and types

of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in

substantial additional cost to the Contractor, the Community Human Services will negotiate additional compensation proportional

to the increased benefit to Community Human Services.

13. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when

finalized and any activity commences in furtherance of performance under this agreement.

14. Contractor acknowledges and agrees that any actual or alleged failure on the part of Community Human Services to inform

Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on Community

Human Services nor does it waive any rights hereunder in this or any other regard.

15. Contractor will renew the required coverage annually as long as Community Human Services, or its employees or agents

face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the

agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed

operations and discontinued operations, where applicable. Termination of this obligation is not effective until Community Human

Services executes a written statement to that effect.

16. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the

Community Human Services, and to require all subcontractors and any other person or entity involved in the project

contemplated by this agreement to do likewise.

17. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage

normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it

pertains to a given issue, and is not intended by any party or insured to be all-inclusive.

18. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements

is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be

separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.

All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by Community Human Services.

19. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves

the right to charge Community Human Services or Contractor for the cost of additional insurance coverage required by this

agreement. Any such provisions are to be deleted with reference to Community Human Services. It is not the intent of

Community Human Services to reimburse any third party for the cost of complying with these requirements. There shall be no

recourse against Community Human Services for payment of premiums or other amounts with respect thereto.

20. Contractor agrees to obtain and provide to Community Human Services a copy of Professional Liability coverage for Architects or

Project Managers working on this project through Contractor. Community Human Services shall determine the liability limit.

SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES

4.1 GENERAL Attention is directed to the provisions in Section 8-1.03, "Beginning of Work;" in Section 8-1.06 "Time of Completion;"

and in Section 8-1.07, "Liquidated Damages;" of the Standard Specifications and these special provisions.

The Contractor shall begin work within 15 calendar days after the Notice to Proceed has been issued by Community Human Services.

This work shall be diligently prosecuted to completion before the expiration of 6 Calendar Months beginning on the fifteenth calendar

day after approval of the contract.

The Contractor shall pay to the Community Human Services the sum of $500 per day, for each and every calendar day’s delay in

finishing the work in excess of the number of working days prescribed above.

Upon written request of the Contractor, the Project Manager shall add one day to the contract completion date for each working day that

in the judgment of the Project Manager work cannot be performed to the specifications herein due to inclement weather conditions. The

Contractor shall submit such delay request to the Project Manager no later than 9:00 a.m. on the workday in question.

4.2 PRECONSTRUCTION CONFERENCE. -- Prior to or in conjunction with issuance of the notice to proceed, a preconstruction

conference will be held for the purpose of discussing with the Contractor the scope of work, contract drawings, specifications, existing

conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of and the satisfactory

completion of the project as required. The Contractor's representative at this conference shall include all major superintendents for the work

and may include major subcontractors.

4.3 SUBCONTRACTORS. -- In the event that the bidder proposes to subcontract any portion of the work in an amount in excess of

one-half of one percent (0.5%) of the total amount of bid, he shall complete the form included in the proposal showing the name and location

of the place of business of each subcontractor and the portion of the work to be done by such subcontractor. The purchase of sand, gravel,

crushed rock, batched concrete, aggregates, ready-mixed concrete and/or any other materials produced at and furnished from established

and recognized commercial plants, together with the delivery of such materials to the site of the work by means of vehicles owned and

operated by such plants or by recognized commercial hauling companies, shall not be considered as subcontracting under these special

provisions.

4.4 ASSIGNMENTS. -- Once awarded, this contract shall not be transferred, assigned, or subcontracted, except as herein expressly

provided without the prior written consent of the Community Human Services.

4.5 PROSECUTION AND PROGRESS. -- A detailed progress schedule shall be submitted for approval at the scheduled pre-

construction meeting.

4.6 SUSPENSION OF CONTRACT. -- It at any time in the opinion of the Project Manager, the Contractor has failed to supply an

adequate working force or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force

specified and intended in and by the terms of contract, notice thereof in writing will be served upon him, and should he neglect or refuse to

provide means for a satisfactory compliance with the contract, the Project Manager shall have the power to suspend the operation of the

contract. Upon receiving notice of such suspension, the contract shall discontinue said work or such parts of it as the Project

Manager may designate. Upon such suspension, the Contractor's control shall terminate and thereupon the Project Manager or his duly

authorized representative may take possession of the work and materials, or such designated part thereof, and the Project Manager

may contract or otherwise provide for superintendence, workers, materials, and equipment necessary for the completion of, and may

complete the work or such designated part thereof.

The whole of the expense so incurred in the completion of the work or part thereof, together with all damages, liquidated or otherwise,

sustained or to be sustained by Community Human Services, shall be deducted from the fund or appropriation set aside for the purpose of

the Contract and shall be charged to the Contractor as if paid to him. In case the amount of such expenses and damages shall exceed that

which would have been payable under the contract if completed entirely by the Contractor, the amount of such excess shall be paid to the

Community Human Services by the Contractor, and both he and his sureties shall be liable to the Community Human Services therefore. In

case the amount of expenses and damages shall be less than the sum which would have been payable under the contract if completed

entirely by the Contractor, he shall be entitled to the amount of the difference, subject to all the terms of the contract.

The Contractor shall continue to prosecute to completion all the work from which he has not, as above provided, been ordered to desist, and he shall cooperate with and in no way hinder or interfere with the forces employed by the Community Human Services or contract or otherwise do any designated part of the work as above specified. Upon completion of all work included under the contract, the Contractor shall be

entitled to the return of all his materials which have not been used in the work.

In determination of the question whether there has been non-compliance with the contract as to warrant the suspension or annulment

thereof, the decision of the Community Human Services shall be binding to all parties of the contract.

4.7 RESOLUTION OF CONSTRUCTION CLAIMS. –“Claim" means a separate demand by the Contractor for (1) a time extension, (2)

payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public work and

payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, (3) an amount the payment of which is

disputed by Community Human Services. This section applies to all public works claims of three hundred seventy five thousand dollars

[$375,000] or less., For any claim subject to this section, the following requirements apply:

1. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or

before the date of final payment. Nothing herein is intended to extend the time limit or supersede notice requirements

otherwise provided by contract for the filing of claims.

2. For claims of less than fifty thousand dollars the Community Human Services shall respond in writing to any written claim

within 45 days of receipt of the claim, or may request in writing within 30 days of receipt of the claim any additional

documentation supporting the claim or relating to defenses or claims the Community Human Services may have against the

claimant.

If additional information is thereafter required, it shall be requested and provided pursuant to this section upon mutual agreement of

Community Human Services and the Contractor. The Community Human Services' written response to the claim, as further documented,

shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than

that taken by the claimant in producing the additional information, whichever is greater.

3. For claims of over fifty thousand and less than or equal to three hundred seventy five thousand dollars the owner shall

respond in writing to all written claims within 60 days of receipt of the claim, or may request in writing within 30 days of

receipt of the claim any additional documentation supporting the claim or relating to defenses or claims the Community

Human Services may have against the Contractor. If additional information is thereafter required, it shall be requested

and provided pursuant to this section upon mutual agreement of the Community Human Services and the Contractor.

The Community Human Services' written response to the claim, as further documented, shall be submitted to the

Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by

the claimant in producing the additional information or requested documentation, whichever is greater.

4. If the claimant disputes the owner's written response or the Community Human Services fails to respond within the time

prescribed, the claimant may so notify the Community Human Services in writing either within 15 days of receipt of the

Community Human Services' response or within 15 days of the Community Human Services' failure to respond within the

time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in

dispute. Upon a demand, the owner shall schedule a meet and confer conference within 30 days for settlement of the

dispute.

5. If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim

pursuant to Chapter 1 [commencing with Section 900] and Chapter 2 [commencing with Section 910] of Part 3, Division 3.6,

Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim

must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subsection (1) until the

time the claim is denied, including any period of time utilized by the meet and confer conference.

The following procedures are established for all civil actions filed to resolve claims subject to this article:

(1) Within 60 days, but no earlier than 30 days, following the filing of response pleading, the court shall submit the matter to non-

binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection

within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the

submittal, and shall be concluded within 15 days from commencement of the mediation unless a time requirement is

extended upon a good cause showing to the court.

(2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 [commencing with

Section 1141.10] of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil

Discovery Act of 1986, Article 3 [commencing with Section 2016] of Chapter 3 of Title 3 of Part 4 of the Code of Civil

Procedure shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial

arbitration.

In addition to Chapter 2.5 [commencing with Section 1141.10] of Title 3 of Part 3 of the Code of Civil Procedure, [A] arbitrators shall, when possible, be experienced in construction law, and [B] any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.

SECTION 5. GENERAL

5.1 LABOR NONDISCRIMINATION. -- Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of

Title 2, California Code of Regulations.

NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM

(GOV. CODE, SECTION 12990)

Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.01A(4), "Labor Nondiscrimination," of the Standard

Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination

Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts

and subcontracts of $5,000 or more.

5.2 PREVAILING WAGE. The Contractor must pay the higher of the State general prevailing wage or the Federal minimum wage

rates.

Federal minimum wage rates are included in these specifications at Appendix 1. Current Federal minimum wage rates can be found at

the following website: http://www.gpo.gov/davisbacon/

Attention is directed to Section 7-1.01A(2), "Prevailing Wage," of the Standard Specifications. The general prevailing wage rates

determined by the Director of Industrial Relations, for the County of Monterey. Current prevailing wage rates can be found in “General

Prevailing Wage Determinations made by the Director of Industrial Relations” (wage determinations) at the Division of Labor Statistics

and Research, Prevailing Wage Unit, P. O. Box 420603, San Francisco, CA 94142, (415) 703-4774, or at DIRs website at

http://www.dir.ca.gov/DLSR/statistics_research.html. These wage rates are not included in the Bid book for the project. Changes, if

any, to the general prevailing wage rates will be available at the same location.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may

be permitted upon the written request of the Contractor if in the opinion of the Project Manager public traffic will be better served and the

work expedited. Such deviations shall not be adopted until the Project Manager has indicated his written approval. All other modifications

will be made by contract change order.

Full compensation for conforming to the provisions of this article shall be considered as included in the prices paid for the various Contract

items of work, and no additional allowance will be made therefore.

5.3 ENVIRONMENTAL REQUIREMENTS. Contractor and subcontractors agree to comply with all applicable environmental requirements insofar as they apply to the performance of this Agreement, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. Contractor and subcontractors also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966 and HUD Lead-Based Paint Regulation at CFR 570.608 and 24 CFR Part 35, Subpart B.

5.4 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. -- When the presence of asbestos or hazardous substances are

not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably

believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or

hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be

safe. The Contractor shall immediately cease work in the affected area and report the condition to the Project Manager in writing.

In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including

exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract.

If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor

will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays," of the Standard

Specifications.

5.5 DRUG-FREE WORKPLACE CERTIFICATION - Contractor, and its subcontractors, hereby certify, under penalty of perjury under

the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code 8350 et

seq.) and have or will provide a drug-free workplace by taking the following actions:

1. Publish a statement notifying employees and SUBRECIPIENTs that unlawful manufacture, distribution, dispensation, possession,

or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or SUBRECIPIENTs

for violations, as required by Government Code section (8355(a)(1).

2. Establish a Drug-Free Awareness Program, as required by Government Code section 8355(a)(2) to inform employees,

contractors, or SUBRECIPIENTs about all of the following:

a. The dangers of drug abuse in the workplace;

b. SUBRECIPIENT’s policy of maintaining a drug-free workplace;

c. Any available counseling, rehabilitation, and employee assistance programs; and

d. Penalties that may be imposed upon employees, contractors, and SUBRECIPIENTs for drug abuse violations.

3. Provide, as required by Government Code section 8355(a)(3), that every employee and/or SUBRECIPIENT who works under this

Agreement:

a. Will receive a copy of SUBRECIPIENT’s drug-free policy statement, and

b. Will agree to abide by terms of SUBRECIPIENT’s condition of employment or subcontract.

5.6 AMERICANS WITH DISABILITIES ACT, CIVIL RIGHTS ACT, REHABILITATION ACT – Contractor and subcontractors shall be

responsible for observing and complying with the Americans with Disabilities Act of 1990 (P.L. 101-336), 42 U.S.C. Secs. 12101 et seq.

and 47 U.S.C. Secs. 225 and 611, and any federal regulations issued pursuant thereto (see 24 CFR Chapter 1; 28 CFR Parts 35 and

36; 29 CFR. Upon request Contractor and subcontractors shall give any written assurances of compliance with the Civil Rights Acts of

1964 and 1991, the Rehabilitation Act of 1973 and/or the Americans with Disabilities Act of 1990, as may be required by the federal

government in connection with this Agreement, pursuant to 45 CFR Sec. 80.4 or 45 CFR Sec. 84.5, and 91; 7 CFR Part 15; and 28

CFR Part 35, or other applicable State or federal regulation.

5.7 SUBCONTRACTING. No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a

subcontractor's work.

If the Contractor violates Public Contract Code § 4100 et seq., Community Human Services may exercise the remedies provided under Public Contract Code.

§ 4110. Community Human Services may refer the violation to the Contractors State License Board as provided under Public Contract

Code § 4111. The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor’s

own employees and equipment, owned or rented, with or without operators.

Each subcontract must comply with the contract. Each subcontractor must have an active and valid State contractor's license with a

classification appropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.).

Submit copies of subcontracts upon request by the Project Manager.

Before subcontracted work starts, submit a Subcontracting Request form.

Do not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations' Web site.

Upon request by the Project Manager, immediately remove and not again use a subcontractor who fails to prosecute the work

satisfactorily.

Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid

Construction Contracts" in Section 14 of these special provisions. Noncompliance shall be corrected. Payment for subcontracted work

involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in

termination of the contract.

5.8 NOT USED

5.9 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS. A prime contractor or subcontractor shall pay any subcontractor

not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business

and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in

writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written

approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other

remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies

otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime

contractor, deficient subcontract performance, or noncompliance by a subcontractor.

5.10 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS. The Community Human Services shall hold retainage

from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of

the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall

return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily

completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29)

requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior

written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions

and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to

limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the

event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance

by a subcontractor.

5.11 PAYMENTS. -- Attention is directed to Section 9-1.06, "Partial Payments," and 9-1.07, "Payment After Acceptance," of the

Standard Specifications and these special provisions.

For the purpose of making partial payments pursuant to Section 9-1.06, "Partial Payments," of the Standard Specifications, the amount

set forth for the contract items of work hereinafter listed shall be deemed to be the maximum value of the contract item of work, which

will be recognized for progress payment purposes.

After acceptance of the contract pursuant to the provisions in Section 7-1.17, "Acceptance of Contract," of the Standard Specifications,

the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes hereinabove

listed for the item, will be included for payment in the first estimate made after acceptance of the contract. No partial payment will be

made for any materials on hand which are furnished but not incorporated in the work.

SECTION 6. NOT USED SECTION 7. MATERIALS

7.1 SOURCE OF SUPPLY AND QUALITY OF MATERIALS - All materials required to complete the work under the attached

contract shall be furnished by the Contractor unless otherwise specified. Upon approval of the contract, the Contractor shall notify the

Project Manager of the proposed source of supply of all materials to be used in the work, and shall furnish samples of such materials as

may be required by the Project Manager for testing.

At the request of the Project Manager, the Contractor shall submit manufacturer/supplier certificates of compliance for any or all materials

used in the construction of the project. If certification is so requested, said certificates must be reviewed and approved in writing by the

Project Manager prior to any use or installation of the material on the project.

7.2 TRADE NAMES AND ALTERNATIVES - Whenever any material or equipment is specified by patent or proprietary name or by

the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment

desired and shall be considered as if followed by the words "or acceptable equal," whether or not such words appear. The Contractor may

offer material or equipment with equal or better qualities of performance in substitution for those specified which he considers would be in the

Project Manager's interest to accept. No offers for substitution will be acknowledged or considered from suppliers, distributors,

manufacturers, or subcontractors. Any such offer shall be made in writing to the Project Manager for his consideration at least 4 weeks in

advance of the time at which the Contractor wishes to order the material or equipment for use in the work.

The Contractor shall include with his offer sufficient data which, together with any other data the Project Manager may require, will

enable the Project Manager to assess the acceptability of the material or equipment. When the substitute equipment or material

necessitates changes to or coordination with any portion of the work, the data submitted shall include drawings and details showing

all such changes, and the Contractor shall perform these changes as a part of any acceptance of substitute material or equipment.

The use of any material or equipment so offered will be permitted only after written acceptance of the Contractor's offer by the Project

Manager. Such acceptance by the Project Manager shall not relieve the Contractor from full responsibility from the efficiency, sufficiency,

and quality, and performance of the substitute material or equipment, in the same manner and degree as the material and equipment

specified by name.

7.3 PROCUREMENT – Contractor and subcontractors shall maintain detailed inventory records of all non-expendable personal

property as may be procured with funds provided herein. Unless specified otherwise within this Agreement, the contractor and

subcontractors shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40−48 or 24 CFR

85.36. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24

CFR Part 84 or 85 and 24 CFR 570.502, 570.503, and 570.504, as applicable.

Contractor and subcontractors will include all relevant provisions of this Agreement in all subcontracts entered into as part of the

activities undertaken in furtherance of this Agreement and will take appropriate action pursuant to any subcontract upon a finding that

any entity is in violation of regulations issued by any federal agency. Contractor will not subcontract with any entity where it has notice

or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the

entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

SECTION 8. OTHER REQUIREMENTS

8.1 MEASUREMENT AND PAYMENT. --Measurement and payment shall conform to the applicable provisions of Section 9 of the

Standard Specifications, except as these referenced sections are modified herein.

8.2 PARTIAL PAYMENTS. --The Contractor shall, once each month, cause an estimate in writing to be made for the Community

Human Services Project Manager of the total amount of work done by the Contractor, to the time of such estimate and the value thereof.

Community Human Services shall retain ten percent of such estimated value of the work done as aforesaid as part security for the fulfillment

of the contract by the Contractor, and shall pay monthly to the Contractor while carrying on the work the balance not retained, as

aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No such

estimate or payment shall be required to be made when, in the judgment of the Project Manager, the work is not proceeding in accordance

with the provisions of the contract, or when, in his judgment, the total value of the work done since the last estimate amounts to less than

Three hundred dollars. No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials.

Within fifteen days after the completion of the work, the Contractor will make a semi-final estimate in writing of the proposed final quantities of

work done under the contract and the value of such work and will submit such estimate to the Community Human Services Project

Manager. The Community Human Services shall retain ten percent of such estimated value of the work done and shall pay to the

Contractor the balance not retained as aforesaid after deducting therefrom all amount to be kept and all amounts to be retained under the

provisions of the contract.

The Community Human Services, by and through the appropriate officer or officers, may at its option and at any time retain out of any

amounts due the Contractor sufficient to cover any unpaid claims provided that sworn statements of said claims shall have been filed in the

office of the Community Human Services Project Manager.

No partial payments will be made for any materials on hand, which are furnished but not incorporated in the work.

8.3 FINAL PAYMENT. -- Within fifteen days after submission to the Community Human Services of the semi-final estimate, the

Contractor shall submit to the Project Manager his written statement of all claims which he has for additional compensation claimed to be due

under the contract.

On the Contractor's approval, or if he files no claims within said period of fifteen days, the Project Manager will issue a final written estimate,

and the Community Human Services shall pay to the Contractor the entire sum so found to be due after deducting therefrom all previous

payments and all amounts to be kept or retained under the provisions of the contract. If the Contractor, within said period of fifteen days,

files claims, the Project Manager shall then consider and investigate such claims, and shall make such revision in the final quantities as he

may find to be due, and shall then make and issue his final written estimate. Community Human Services will pay the amount so found due,

after deducting therefrom all previous payments and amounts to be retained under the provisions of the contract.

All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final estimate shall be

conclusive and binding against both parties to the contract on all questions relating to the performance of the contract and the amount of

work done thereunder and compensation therefor, except in the case of gross error.

Payment on the final estimate shall not be due and payable in less than thirty-five days after the notice of completion is issued.

The Community Human Services, by and through the appropriate officer or officers may at its option and at any time retain out of any

amounts due the Contractor sums sufficient to cover any unpaid claims provided that sworn statements or said claims shall have

been filed.

8.4 PAYROLL RECORDS. -- The Contractor's attention is directed to the following provisions of Labor Code Section 1776 (Stats.

1978, Ch. 1249). The Contractor shall be responsible for the compliance with these provisions by his subcontractors.

(1) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security

number, work classification, straight time and overtime hours worked each day and week, and the actual per diem

wages paid to each journeyman, apprentice, worker, or other employee by him or her in connection with the public

work.

(2) Contractor shall provide with his bid submittal a listing of wage classifications used on this project. Wage

classifications submitted with the bid proposal and shown on payroll records must match wage classifications

listed by the California Department of Industrial Relations.

(3) The payroll records enumerated under Subdivision A shall be certified and shall be available for inspection at all

reasonable hours at the principal office of the Contractor on the following basis:

(a) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such

employee or his or her authorized representative on request.

(b) A certified copy of all payroll records enumerated in Subdivision A shall be made available for inspection or

furnished upon request to a representative of the Community Human Services, the Division of Labor Standards

Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.

(c) A certified copy of all payroll records enumerated in Subdivision A shall be made available upon request to the

public for inspection or copies thereof made; provided however, that a request by the public shall be made

through Community Human Services, the Division of Apprenticeship Standards, or the Division of Labor

Standards Enforcement. The public shall not be given access to such records at the principal office of the

Contractor.

(4) Each Contractor shall file a certified copy of the records enumerated in Subdivision A with the entity that requested such

records within ten days after receipt of a written request.

(5) Any copy of records made available for inspection as copies and furnished upon request to the public or any public

agency by Community Human Services, the Division of Apprenticeship Standards of the Division of Labor Standards

Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address,

and social security number. The name and address of the Contractor awarded the contract or performing the contract shall

not be marked or obliterated.

(6) The Contractor shall inform Community Human Services of the location of the records enumerated under Subdivision A,

including the street address, Community Human Services and county, and shall, within five working days, provide a notice of

a change of location and address.

(7) In the event of noncompliance with the requirements of this section, the Contractor shall have ten days in which to

comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this

section. Should noncompliance still be evident after such ten day period, the Contractor shall, as a penalty to the Community

Human Services, forfeit twenty-five dollars for each working day, or portion thereof, for each worked, until strict compliance is

effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards

Enforcement, such penalties shall be withheld from progress payment then due.

8.5 PATENTS AND ROYALTIES.-- All costs involved in fees, royalties, or claims for any patented invention, article, process or

method that may be used upon or in any manner connected with the work under contract or the use of the completed work by the Community

Human Services shall be paid by the Contractor, and the Contractor and his sureties shall protect and hold the Community Human Services,

together with all of its officers, agents, servants, and employees, harmless against any and all demands made for such fees or claims brought

or made by the holder of any invention or patent, and, before the final payment is made on the account of the contract, the Contractor shall, if

requested by the Community Human Services, furnish acceptable proof of a proper release from all such fees or claims.

Should the Contractor, his agent, servants, or employees, or any of them be enjoined from furnishing or using any invention, article, material, or

plans supplied or required to be supplied or used under the contract, the Contractor shall promptly substitute other article, materials, or

appliances in lieu thereof of equal efficiency, quality, finish, suitability, and market value satisfactory in all respects to the Project Manager. Or, in the

event that Project Manager elects, in lieu of such substitution, to have supplied and to retain and use any such invention, article, materials, or

appliance without being disturbed or in any way interfered with by any proceeding in law of equity on account thereof.

Should the Contractor neglect or refuse to make the substitution promptly or to pay such royalties and secure such licenses as may be

necessary, then in that event, the Project Manager shall have the right to make such substitutions or Community Human Services may pay such

royalties and secure such licenses and charge the Contractor even though final payment under the contract may have been made.

8.6 NOTICE TO VENDORS. -- Attention is directed to the current OSHA Standards. All equipment, tools, and materials that are

furnished and/or installed as part of this contract shall meet or exceed the aforementioned standards in order to be considered acceptable.

8.7 ASSIGNMENTS OF ANTITRUST ACTIONS. -- The Contractor's attention is directed to the following provisions of Government Code

Section 4551 (Stats. 1978, CH. 414) which shall be applicable to the Contractor and his subcontractors:

8.8 In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works

contract, the Contractor or subcontractor offers and agrees to assign to Community Human Services all rights, title, and interest in and to all

causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or under the Cartwright Act (Chapter 2 {commencing with

Section 16700} part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to

the public works contract or the subcontract. This assignment shall be made and become effective at the time Community Human Services

tenders final payment to the Contractor, without further acknowledgement by the parties.

8.9 CONTRACTOR'S COPIES OF CONTRACT DOCUMENTS. --. At least one complete set of plans and specifications shall be kept at

the site of construction in good condition and at all times available to the Project Manager. Additional copies of the contract documents, if

required, can be furnished by the Project Manager at the cost of reproduction.

8.10 PROJECT APPEARANCE. -- The Contractor shall maintain a neat appearance to the work. Full compensation for conforming to the

provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved

and no additional compensation will be allowed therefore.

8.11 PRESERVATION OF EXISTING FACILITIES. -- The Contractor's attention is directed to Section 7-1.11, "Preservation of

Property" of the Standard Specifications.

8.12 SITE CONDITIONS. – Not applicable.

8.13 CLEANUP. -- The Contractor's attention is directed to Section 4-1.02, "Final Cleaning Up", of the Standard Specifications. The

Contractor shall ensure that all vehicles leaving the site area are in a condition so that no dirt or debris will be spilled upon the Community Human

Services' streets or highways. Full compensation for all cleanup work is considered included in the various contract bid items, and no additional

payment will be made therefore.

LEGAL RELATIONS AND RESPONSIBILITY: Legal relations and responsibility shall be in accordance with Section 7, "Legal Relations and

Responsibility" of the Standard Specifications. The Contractor shall be aware of his responsibility to provide for the safety of traffic and the public

during construction.

The cost of providing for the safety of the public during construction shall be borne by the Contractor and shall be considered as included in the

various pay items of this Contract.

8.14 ORDER OF WORK: Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard

Specifications and these special provisions.

The Contractor's sequence of construction operations shall provide for the maintenance of full and uninterrupted utility services, except that minor

planned interruptions of utility services may be permitted, prior written approval of the Project Manager. The Contractor shall submit to the

Community Human Services a written notice of the intent to disrupt services at least ten days prior to the planned disruption. Said notice shall

specify the dates and time, nature of the service disrupted, and a complete list of properties affected. It shall be the Contractor's responsibility

to notify occupants of properties affected of any services interruptions and to coordinate the work necessitating the interruption with the

appropriate owners, or their authorized agents, of the utilities involved. Approval by the Project Manager to disrupt services shall be in no way

relieve the Contractor of his responsibility for damage or preservation of property as specified in Section 7-1.11, "Preservation of

Property," and Section 7-1.12, "Responsibility for Damage" of the Standard Specifications.

The work as specified in these special provisions shall be constructed in a sequence which is satisfactory to and which has been approved by

the Project Manager. The Contractor shall obtain approval of his construction sequence, layout of work, and schedule prior to commencing work

on the project or any part of the project.

Full compensation for conforming to the provisions of this article shall be considered as included in the price paid for the various contract items

of work, and no additional allowance will be made therefore.

8.15 PRESERVATION OF PROPERTY: Not applicable

8.16 WATERING: Not applicable.

8.17 COOPERATION: Attention is directed to Sections 7-1.14, "Cooperation," and 8-1.10, "Utility and Non-Highway Facilities," of the

Standard Specifications and these Special Provisions. The Contractor for the work herein specified shall cooperate with the personnel and forces

thereof engaged in performing other work at the site to the end that such personnel may conduct their operations with as little

inconvenience and delay as possible, and the Contractor shall permit such personnel passage through the work as is reasonable and

necessary to transport their materials and equipment an perform their duties. Full compensation for conforming to the requirements of this article

shall be considered as included in the prices for the various contract items of work, and no additional allowance will be made thereof.

8.18 OBSTRUCTIONS: Attention is directed to Sections 8-1.10, "Utility and Non-Highway Facilities," and 15, "Existing Highway

Facilities," of the Standard Specifications and these special provisions.

The Contractor's attention is directed to the existence of certain underground facilities that may require special precautions be taken by the

Contractor to protect the health, safety and welfare of workmen and of the public. Facilities requiring special precautions include, but are not

limited to: conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases; natural gas in pipelines greater than 6 inches in

diameter or pipelines operating at pressures greater than 60 psi (gage); underground electric supply system conductors or cables, with

potential to ground of more than 300 volts, either directly buried or in duct or conduit which do not have concentric grounded conductors or other

effectively grounded metal shields or sheaths. If such facilities are not located on the plans in both alignment and elevation, no work shall be

performed in the vicinity of said facilities, except as provided herein for conduit to be placed under pavement, until the owner, or his

representative, has located the facility by potholing, probing, or other means that will locate and identify the facility. Any conduit to be

installed under pavement in the vicinity of such facilities shall be placed by the trenching method as specified in Section entitled "Conduit"

elsewhere in these special provisions. If, in the opinion of the Project Manager, the Contractor's operations are delayed or interfered with by

reason of the utility facilities not being located by the owner or his representative, Community Human Services will compensate the Contractor

for such delays to the extent provided in Section 8-1.09, "Right of Way Delays," of the Standard Specifications, and not otherwise, except as

provided in Section 8- 1.10, "Utility and Non-Highway Facilities," of the Standard Specifications.

The Contractor shall notify the Project Manager and the appropriate regional notification center for operators of subsurface installations at least 2 -

working days, but not more than 14 calendar days, prior to performing any excavation or other work close to any underground pipeline,

conduit, duct, wire or other structure.

Designated legal Community Human Services holidays are: New Year’s Day, Dr. Martin Luther King’s Birthday, Lincoln’s

Birthday, President’s Day, Cesar Chaves Day Observed, Memorial Day, Independence Day, Labor Day, Admissions Day,

Veterans Day, Thanksgiving Day, Day Following Thanksgiving Day, Day before and Christmas Day. When a designated

legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11th falls on a

Saturday, the preceding Friday shall be a designated legal holiday.

The contractor shall submit a schedule for accomplishing the work around the above holidays and events.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be

permitted upon the written request of the Contractor if in the opinion of the Project Manager the public will be better served and the work

expedited. Such deviations shall not be adopted until the Project Manager has indicated his written approval. All other modifications will be made

by contract change order.

Full compensation for maintaining traffic shall be considered as included in the prices for the various contract items of work, and no additional

allowance will be made therefore.

8.19 HOURS OF WORK: Attention is directed to Section 7-1.01A(1), "Hours of Labor," of the Standard Specifications and these

technical specifications. The hours of construction shall be begin at 7:00 am and end at 5:00 pm Monday through Friday. No work except

maintenance of completed work shall be performed on Saturday, Sunday or legal holidays without prior approval of the Project Manager. The

Contractor may perform overtime and shift work only when approved by the Project Manager. The Contractor shall pay costs to the Community

Human Services for inspection and management of overtime and shift work.

8.20 CONTRACTOR’S STAGING AREA: The location of the Contractor’s staging area will be adjacent to the project site.

8.21 COOPERATION: In accordance with Section 7-1.14 of the Standard Specifications, should construction be under way by other

forces or by other contractors within or adjacent to the limits of the work specified, the Contractor shall cooperate with all the other contractors

or other forces to the end that any delay or hindrance to their work will be avoided. Each contractor shall be responsible to the other for all

damage to work, to persons or property caused to the other by their operations, and for loss caused the other due to unnecessary delays

or failure to finish the work within the time specified for completion.

8.22 DESCRIPTIONS OF BID ITEMS: The work shall include shall include full compensation for furnishing all labor, materials, tools,

equipment, and incidentals, to perform a thorough and complete job for the items below as specified in the Standard Specifications and these

technical specifications, and as directed by the Project Manager. The project area is the Community Human Services facility.

Bid Item 1. The bid will consist of all labor, material, equipment and services necessary to complete the work shown in the

specifications, including but not limited to architectural, food service area, kitchen equipment, HVA (mechanical), plumbing,

and electrical work related to rehabilitating Casa de Noche Buena, located at 1292 Olympia Avenue, in Seaside, CA 93955,

to a facility fit to house an emergency shelter for homeless women and children with families.

SECTION 9. NOT USED

SECTION 10. NOT USED

SECTION 11. NOT USED

SECTION 12. N O T U S E D

SECTION 13. NOT USED

Items Necessary to Complete Bid (PLEASE SUBMIT ALL OF THE FOLLOWING PAGES

Bids must be accompanied by the following completed forms:

1. Proposal Form

2. Equal Employment Opportunity Certification

3. Labor Nondiscrimination

4. Public Contract Code Section 10285.1 Statement

5. Public Contract Code Section 10162 Questionaire

6. Public Contract Code 10232 Statement

7. Contractor’s/Subcontractor’s Certification Concerning State Labor Standards and Prevailing Wages

8. Noncollusion Affidavit

9. Debarment and Suspension Certification

10. Nonlobbying Certification for Federal-Aid Contracts

11. Disclosure of Lobbying Activities

12. NOT USED

13. NOT USED

14. NOT USED

15. HUD form 4010 Federal Labor Standards Provisions

16. Bidder's Bond Statement of at least 10 percent of the total bid amount (total base bid amount)

17. List of Subcontractors

18. Complete Sample Contract with Signatures

Failure to complete, sign and notarize (where required) and return the above bid documents may render it non-responsive.

1. PROPOSAL FORM

COMMUNITY HUMAN SERVICES Genesis House Project

The work to be done and referenced to herein is in the Community Human Services, State of California, and shall be constructed in accordance with the special

provisions (including the payment of not less than the minimum wage rates set forth therein) and the contract annexed hereto and also in accordance

with the Department of Transportation Standard Specifications, dated 2010, the Labor Surcharge and Equipment Rental Rates in effect on the date the work

is accomplished, the General Prevailing Wage Rates and Federal minimum wage rates.

The undersigned, as bidder, declares that the only person interested in this proposal as principals are those named herein, that this proposal is made without

collusion with any other person, firm or corporation, and in submitting this proposal, the undersigned bidder agrees that if it is determined that he is the

successful bidder, he will execute the non-collusion affidavit set forth in these specifications, that he has carefully examined the plans, special provisions and

conditions therefore and is familiar with all proposal requirements, that he has examined the annexed form of contract and he hereby proposes and agrees if this

proposal is accepted by the Community Human Services to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the

work and furnish all the materials and services required to complete the said construction in accordance with the plans, special provisions, and general conditions

in the time stated herein, for the unit prices and that the unit costs of all work stated in Base Bid shall be honored for 90 calendar days after the Notice To

Proceed has been issued by the Community Human Services as follows:

BASE BID

ITEM

NO.

BID ITEMS PAY.

REF.

UNIT TOTAL

QNTY

UNIT

PRICE

*TOTAL COST

1

The scope of the work will consist of all labor, material,

equipment and services necessary to complete the work

shown in the specifications, including but not limited to

architectural, food service area, kitchen equipment, HVA

(mechanical), plumbing, and electrical work related to

rehabilitating Casa de Noche Buena, located at 1292

Olympia Avenue, in Seaside, CA 93955, to a facility fit to

house an emergency shelter for homeless women and

children with families.

TOTAL

BASE BID TOTAL AMOUNT IN FIGURES:

BASE BID TOTAL AMOUNT IN WORDS:

*NOTE: In case of error in extension of price into the total price column, the unit price will govern.

Funding for this project is limited. Award of this contract will be based upon the combined Total Base Bid. Community Human Services

reserves the right to award, or not award any line items of the contract.

The foregoing unit prices for all items of work and the total amount bid shall include all costs for labor and materials, overhead, profit, insurance,

mobilization and demobilization, traffic control, relocation/replacement/adjustment as required (utility boxes, traffic signs, traffic signal equipment,

drainage structures and inlet boxes), and all other appurtenant costs associated with performing and administering the work under this contract.

Bidder's Company Name, Address, and Telephone

Contractor's License No.

Signature

Printed Name

Title

Addenda received and incorporated into this proposal:

Addenda number(s): none 1 2 3 4 5

(Circle all that apply)

2. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The bidder , proposed subcontractor

, hereby certifies that he has , has not , participated in a previous

contract or subcontract subject to the equal opportunity clauses, as required by executive Orders 10925, 11114, or 11246, and that, where

required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government

contracting or administering agency, or the former president’s Committee on Equal Employment opportunity, all reports due under the

applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor

(414 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with

contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which

are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or

subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing

regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract

subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1)

prevents the award of contracts and subcontracts unless such contractor submits a report covering the

delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office

of Federal Contract Compliance, U.S. Department of Labor.

3. LABOR NONDISCRIMINATION

Attention is directed to Section 1735 of the Labor Code, which reads as follows:

“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin,

ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government

Code, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”

4. PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT

In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury

under the laws of the State of California that the bidder has , has not been convicted within the preceding three years of any

offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or

Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public

Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the

University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member,

officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of

the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are

cautioned that making a false certification may subject the certifier to criminal prosecution.

5. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified,

removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law

or a safety regulation?

Yes No

If the answer is yes, explain the circumstances in the following space.

6. PUBLIC CONTRACT CODE 10232 STATEMENT

In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one

final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding

two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an

order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion

thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

7. CONTRACTOR'S/SUBCONTRACTOR'S CERTIFICATION CONCERNING STATE LABOR STANDARDS AND PREVAILING WAGES

All contractors and subcontractors shall give the following certification to the grantee and forward this certification to the grantee within 10

days after the execution of any contract or subcontract.

A. "I am aware of the provisions of Section 1720 et seq. of the California Labor Code which requires that the State prevailing wage

rate shall be paid to employees where this rate exceeds the Federal wage rate."

B. "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for

workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such

provisions before commencing the performance of the work of this contract."

C. "It is further agreed that, except as may be provided in Section 1815 of the California Labor Code, the maximum hours a worker

is to be employed is limited to eight hours a day and 40 hours a week and the subcontractor shall forfeit, as a penalty, $25 for

each worker employed in the execution of the subcontract for each calendar day during which a worker is required or permitted

to labor more than eight hours in any calendar day or more than 40 hours in any calendar week."

D. The Labor Standards Provisions of the contract for construction (HUD form 4010) are included in the aforesaid contract.

(Contractor/Subcontractor)

By

(Signature) (Typed Name and Title) (Date)

8. NONCOLLUSION AFFIDAVIT

(Title 23 United States Code Section 112 and

Public Contract Code Section 7106)

To the COMMUNITY HUMAN SERVICES / COUNTY of

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that

the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,

organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or

indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,

conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from

bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or

conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost

element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding

the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and,

further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the

contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,

partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a

collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion

thereof shall also constitute signature of this Noncollusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

9. DEBARMENT AND SUSPENSION CERTIFICATION

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the

Community Human Services of owner, partner, director, officer, manager:

• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;

• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;

• does not have a proposed debarment pending; and

• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter

involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception

noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute

signature of this Certification.

10. NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing

or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any

Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,

renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to

influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an

employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the

undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its

instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000

for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this

certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose

accordingly.

11. DISCLOSURE OF LOBBYING ACTIVITIES

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt

of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required

for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any

agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered

Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply

for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and

Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a

covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information

previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted

report by this reporting entity for this covered Federal action.

4. Enter the full name, address, Community Human Services, state and zip code of the reporting entity. Include Congressional

District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or

subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards

include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, Community Human

Services, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below

agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of

Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for

Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number,

the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal

amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, Community Human Services, state and zip code of the lobbying entity engaged by the reporting

entity identified in item 4 to influenced the covered Federal action.

(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name,

First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity

(item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is

a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the

nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the

date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal

officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that

were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing

instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of

information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for

reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.

12. NOT USED

13. NOT USED

14. NOT USED

Bidder:

16 BIDDER'S BOND STATEMENT

Accompanying this proposal is (Insert the words "cash ($ )", "cashier's check", "certified check", or

"bidder's bond") in an amount equal to at least ten percent (10%) of the bid total.

The undersigned agrees that in case of default in executing the required contract together with the necessary bonds within the period of time

provided by the proposal requirements, the proceeds of the security accompanying this proposal shall become the acceptance of the

Community Human Services, and this proposal and the acceptance thereof may be considered null and void.

Licensed in accordance with an act providing for the registration of Contractors.

License No.

License Certification

Notice: I

f bidder or other interested person is a corporation, state legal name of corporation, names of the president, secretary, treasurer, and

manager thereof. If a co-partnership, state true name of firm, names of all individual co-partners composing firm. If bidder or other

interested person is an individual, state firm name and individual's full name.

Company Name and Business Address

Signature

Printed Name Title Date

Bidder:

17. LIST OF SUBCONTRACTORS

In compliance with the provisions of Section 4100 & 4109 of the Public Contract Code of the State of California and any

amendments thereto and as required by by the provisions in the Caltrans Standard Specifications Section 2-1.054, "Required

Listing of Proposed Subcontractors," of the Standard Specifications and Section 2-1.01, "General," of the special provisions, the

Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of

one-half of one percent of the Bidder’s Total Bid Price, and shall also list the portion of the work which will be done by such

subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The

listing of more than one subcontractor for each item of work to be performed with the words “and/or” will not be permitted.

Failure to comply with this requirement may render the Bid non-responsive and may cause its rejection.

Work to be Performed

Including bid item number(s)

Percent

of Total

Contract

License No. and Date

of Expiration Subcontractor’s

Name & Address

1

2

3

4

5

6

7

Bidder:

18. BIDDER’S INFORMATION STATEMENT

1. Number of years the bidder has performed the type of construction work required by this project:

2. List the type of work normally performed by your own forces:

3.

Has your contractor’s license been suspended or revoked during the last five years?

[ ]

Yes [

]

No

4. Has the bidder declared bankruptcy or been in receivership during the last five years? [ ] Yes [ ] No 5. Has the bidder ever defaulted on a contract forcing a surety to suffer a loss? [ ] Yes [ ] No 6. Has the bidder been unable to obtain a bond or been denied a bond? [ ] Yes [ ] No 7. Has the bidder ever failed to complete work awarded to it? [ ] Yes [ ] No 8. Has the bidder filed any lawsuits, requested arbitration or been involved in any litigation during the last five years?

[ ] Yes [ ] No

9. Has the bidder failed to pay prevailing wages on any public project during the last 5 years? [ ] Yes [ ] No

If the answer is “yes” to any of questions 3 through 9 please explain the circumstances in the below space.

The bidder may attach additional pages if necessary, to provide a detailed response.

On Enclosures A-1 through A-3 list five construction contracts the bidder has had with public agencies over the last five years similar to

the proposed project in type of construction and in total contract amount. These forms must be completed. Attaching a list of projects

without the information requested on these enclosures is not satisfactory.

Name of your Surety Company:

Is your Surety Company California Admitted? [ ] Yes [ ] No

Bidder:

ENCLOSURE A-1

Similar Construction Contract Bidder has completed over the last three years for a Public Agency

Address each item, indicating “none” where appropriate.

1. Name and Location of Project:

2. Name of Bidder’s Superintendent on the project:

3. Description of work including quantities of installed work:

4. Name of Public Agency:

5. Name and telephone number of Public Agency’s Project Project Manager:

6. Original Contract Amount:

7. Total Amount of Approved Change Orders:

8. Final Contract Amount:

9. Date of Contract completion:

10. Were Liquidated Damages assessed?

11. Claims amount:

12. Citations by OSHA:

13. Failure to pay prevailing wages or other Federal/State required taxes or contributions?

Bidder:

ENCLOSURE A-2

Similar Construction Contract Bidder has completed over the last three years for a Public Agency

Address each item, indicating “none” where appropriate.

Name and Location of Project:

1. Name of Bidder’s Superintendent on the project:

2. Description of work including quantities of installed work:

3. Name of Public Agency:

4. Name and telephone number of Public Agency’s Project Project Manager:

5. Original Contract Amount:

6. Total Amount of Approved Change Orders:

7. Final Contract Amount:

8. Date of Contract completion:

9. Were Liquidated Damages assessed?

10. Claims amount:

11. Citations by OSHA:

12. Failure to pay prevailing wages or other Federal/State required taxes or contributions?

Bidder:

ENCLOSURE A-3

Similar Construction Contract Bidder has completed over the last three years for a Public Agency

Address each item, indicating “none” where appropriate.

1. Name and Location of Project:

2. Name of Bidder’s Superintendent on the project:

3. Description of work including quantities of installed work:

4. Name of Public Agency:

5. Name and telephone number of Public Agency’s Project Project Manager:

6. Original Contract Amount:

7. Total Amount of Approved Change Orders:

8. Final Contract Amount:

9. Date of Contract completion:

10. Were Liquidated Damages assessed?

11. Claims amount:

12. Citations by OSHA:

13. Failure to pay prevailing wages or other Federal/State required taxes or contributions?

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Bidder:

19. COMPLETE SAMPLE CONTRACT WITH SIGNATURES

COMMUNITY HUMAN SERVICES

SAMPLE CONTRACT

This Agreement, made and concluded in duplicate this day of

between the COMMUNITY HUMAN SERVICES, herein referred to as "Community Human Services", and ________, herein referred to as "Contractor".

WITNESSETH:

Article I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said Community

Human Services and hereunto annexed, the said Contractor agrees with the said Community Human Services, at his own proper cost and

expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said Community

Human Services, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of said

Community Human Services, in accordance with the provisions hereto annexed and also in accordance with the latest applicable General

prevailing Wage Rates.

The work to be done is specified in these special provisions and plans, approved by the Community Human Services Project Manager, which

said special provisions and plans are made part of this contract.

Article II. The said Community Human Services hereby promises and agrees with the said Contractor to employ, and does hereby employ, the

said Contractor to provide the materials and do the work according to the terms and conditions herein contained and referred to, for the price

hereinafter set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions herein set forth; and the said

parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants

herein contained.

Article III. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this

reference made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict

between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be

considered as an acceptance of the said terms of said proposal conflicting herewith.

Article IV. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which

require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the

provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Article V. And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing

all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the

action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until

its acceptance by the said Community Human Services and for all risks of every description connected with the work; also for all expenses

incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof,

in the manner and according to the plans and specifications, and the requirements of the Project Manager under them, to wit:

< Awarded Bid Schedule will be inserted here >

Article VI. - Assignment. The Contractor shall not assign any of his duties, responsibilities or obligations without prior written consent from the

Community Human Services.

Article VII. Indemnity. To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold harmless, Community Human

Services and any and all of Community Human Services's boards, officers, employees, agents, assigns, and successors in interest through legal

counsel reasonably acceptable to the Community Human Services, from and against any and all claims losses, demand and expenses, including,

but not limited to, attorney's fees and cost of litigation, on account of bodily injury, including death, or property damage arising out of or in any

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way connected to the work performed by Contractor under this agreement. Without affecting the rights of Community Human Services under any

provision of this agreement, Contractor shall not be required to indemnify and hold harmless Community Human Services for liability attributable to

the active negligence of Community Human Services, provided such active negligence is determined by agreement between the parties or by the

findings of a court of competent jurisdiction. In instances where Community Human Services is shown to have been actively negligent and where

Community Human Services's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that

entire portion or percentage of liability not attributable to the active negligence of Community Human Services.

Article VIII. Insurance. Prior to the beginning of and throughout the duration of the work, Contractor will maintain insurance in conformance with

the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not

meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth

in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Community Human Services in excess of

the limits and coverage required in this agreement and which is applicable to a given loss, will be available to Community Human Services.

Contractor shall provide the following types and amounts of insurance:

1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the

exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one

insured against another. Limits shall be no less than $2,000,000 per occurrence for all covered losses and no less than

$4,000,000 general aggregate.

Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the

following:

Explosion, collapse or underground hazard (XCU)

Products and completed operations

Pollution liability

Contractual liability

Coverage shall be applicable to Community Human Services for injury to employees of contractors, subcontractors or others involved in

the project. Policy shall be endorsed to provide a separate limit applicable to this project.

2. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits

no less than $1,000,000 per accident for all covered losses.

3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact

equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this

requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or

Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto

liability coverage for each such person.

4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as

specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision

providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the

umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be

no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to

Community Human Services for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of

coverage provided is subject to approval of Community Human Services following receipt of proof of insurance as required herein.

Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate.

Article IX. - Legal Action. Should either party to this agreement bring legal action against the other, the case shall be handled in Monterey

County, California, and the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge

hearing the case and such fee shall be included in the judgement, together with all costs.

Article X. - Notices. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been

fully given and fully received when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed

to the respective parties as follows:

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COMMUNITY HUMAN SERVICES

Contractor's Name and Mailing Address

IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first above written.

COMMUNITY HUMAN SERVICES CONTRACTOR

by: by:

CEO

Date Date

Licensed in accordance with an act providing for the

registration of Contractors. License No.

Approved: