Construction Services Agreement Addendum
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EARTHQUAKE-SAFE HOMES PROGRAM (ESHP)
Construction Services Agreement Addendum
For Services Supported Under a Federal Award
The agreement for retrofit construction services for the building at ___________________ made by and between
________________________ (Service Provider) and ________________________ (Owner) and dated ____________, is
hereby amended to include the following conditions:
1. Funding Sources: The owner and Service Provider recognize that a portion of eligible costs incurred through this contract
and paid by the Owner may be reimbursed by ESHP upon retrofit completion using financial assistance from the Federal
Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (Cal OES). Contracts
for engineering or construction services necessary for approved ESHP retrofit measures are not dependent on any other
federal or state funding sources outside of the ESHP grant.
2. Compliance with Applicable Regulations: All parties will comply with all applicable federal law, regulations, executive
orders, and FEMA policies procedures, and directives and acknowledge that 31 U.S.C. Chap. 38 (Administrative Remedies
for False Claims and Statements)
applies to actions pertaining to this contract.
3. Reimbursement Terms: If the Service Provider violates or breaches contract terms, the ESHP office must be notified and the
Service Provider may be excluded from participating in future ESHP projects. In addition, reimbursement may be withheld
from the Owner until contract requirements are satisfied.
4. Licensing & Qualifications: The Service Provider confirms that they are fully licensed and not listed on the governmentwide
exclusions in the System for Award Management,
that they are qualified to perform the seismic upgrades under this
contract and as outlined in the program guidelines and Chapter A3 of the California Existing Building Code
, and that the
Scope of Work was developed in good faith to meet those requirements
5. Contract Parties: Neither the Department of Housing and Community Development of the City of Oakland, nor the Federal
Emergency Management Agency, nor the California Governor’s Office of Emergency Services were parties to any contracts
for construction services eligible for reimbursement by ESHP and are therefore not subject to obligations or liabilities to the
Service Provider or Owner pertaining to any matter resulting from the contract, including any lien or liens which has or may
hereafter arise in connection with said improvements.
6. Access to Records: The following access to records requirements for all federally assisted construction projects apply to this
contract:
(1) All parties agree to provide the California Governor’s Office of Emergency Services, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representatives access to any books, documents,
papers, and records directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions.
(2) All parties agree to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and
transcriptions as reasonably needed.
(3) All parties agree to provide the FEMA Administrator or his authorized representatives access to construction or other
work sites pertaining to the work being completed under the contract.
https://www.law.cornell.edu/uscode/text/31/subtitle-III/chapter-38
SAM Website: https://sam.gov/SAM/pages/public/searchRecords/search.jsf
If a project is eligible for the prescriptive approach under Chapter A3, ESHP requires/recommends use of the FEMA Plan Set. If an
engineered solution is used instead, those services will not be reimbursable unless there is demonstrated need for an exception.
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
RESIDENTIAL LENDING AND REHABILITATION SERVICES
residentiallending@oaklandnet.com / 510-238-3598
