Engineering / Construction Services Agreement Addendum
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SAFER HOUSING FOR OAKLAND PROGRAM (SHOP)
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 SHOP 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 SHOP retrofit measures are not dependent on any other
federal or state funding sources outside of the SHOP 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)
1
applies to actions pertaining to this contract.
3. Reimbursement Terms: If the Service Provider violates or breaches contract terms, the SHOP office must be notified and
the Service Provider may be excluded from participating in future SHOP 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,
2
that they are qualified to perform the construction of seismic upgrades
under this contract per approved engineered plans and as outlined in the SHOP Engineering Requirements and 2016 CEBC
Chapter A4 of the California Building Code.
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 SHOP 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.
1
https://www.law.cornell.edu/uscode/text/31/subtitle-III/chapter-38
2
SAM Website: https://sam.gov/SAM/pages/public/searchRecords/search.jsf
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
RESIDENTIAL LENDING AND REHABILITATION SERVICES
residentiallending@oaklandnet.com / 510-238-3598
Engineering / Construction Services Agreement Addendum
Page 2 of 2
7. Equal Opportunity Clause: All providers of construction services agree to abide by 41 CFR §§ 60-1.4
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. These regulations
prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with
disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation,
gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors
take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, protected veteran status or disability.
8. Contract Work Hours and Safety Standards Act: Any contract in excess of $100,000 involving mechanics or laborers must
agree to compliance with the following:
a. Standard Work Week, 40 U.S.C. 3702
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: Wages are computed on the basis of a 40-hour work week. Compensation
for hours in excess of 40 per week must be no less than one-and-a-half times the basic rate of pay.
b. Health and safety standards in building trades and construction industry, 40 U.S.C. 3704
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: no contractor or
subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the
performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous,
or dangerous to health or safety, as established under construction safety and health standards the Secretary of
Labor prescribes by regulation based on proceedings pursuant to section 553 of title 5, provided that the
proceedings include a hearing similar in nature to that authorized by section 553 of title 5.
9. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Federal appropriated funds have not been used to pay any
person or organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the recipient.
PRINT NAME OF AUTHORIZED AGENT FOR
SERVICE PROVIDER
SIGNATURE OF AUTHORIZED AGENT FOR
SERVICE PROVIDER
DATE
PRINT NAME OF OWNER
SIGNATURE OF OWNER
DATE
3
https://www.law.cornell.edu/cfr/text/41/60-1.4
4
https://www.govinfo.gov/content/pkg/USCODE-2011-title40/html/USCODE-2011-title40-subtitleII-partA-chap37-sec3702.htm
5
https://www.govinfo.gov/content/pkg/USCODE-2011-title40/html/USCODE-2011-title40-subtitleII-partA-chap37-sec3704.htm
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