ATTACHMENT #3
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DESIGN AND BUILD CONTRACT
THIS DESIGN AND BUILD CONTRACT (“Contract”) is made this 24th day of February, 2026 (“Effective Date”), in the County of Ventura, State of California, by and between the City of Thousand Oaks, hereinafter called City, and Gridscape Solutions, Inc., hereinafter called Design-Builder. City and Design-Builder are sometimes individually referred to as “Party” and collectively as “Parties.” The Parties for the considerations stated herein agree as follows:
ARTICLE 1. PROJECT. The City is in need of design and construction for the Power Backup at Lang Ranch (“Project”), which will include two phases: (1) preconstruction design phase services (“Phase 1”); and (2) final design services and construction services to complete the Project (“Phase 2”), each of which are more fully described in the Contract Documents (collectively, “Services” or “Work”). During Phase 1, Design-Builder shall perform Phase 1 Services consistent with the requirements of the Contract Documents, during or after which Design-Builder shall prepare and propose to City on an Open Book Basis a Guaranteed Maximum Price (“GMP”) to complete Phase 2 Services and, if accepted by City, the Parties shall enter into an amendment to the Contract for Design-Builder’s performance of Phase 2. In entering into the Contract, the Parties expressly agree that City is under no obligation to proceed with Phase 2.
ARTICLE 2. PHASE 1 SERVICES.
(a) Phase 1 Services. Design-Builder promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform Phase 1 and complete Phase 1 Services consistent with the requirements in the Contract Documents. The Phase 1 Services are described more particularly in the Contract Documents, including, without limitation, Exhibit A.
(b) Phase 1 Task Orders. Phase 1 Services shall be performed pursuant to Task Orders issued in a form substantially similar to the sample Task Order form attached hereto and shall be subject to all terms and conditions of the Contract Documents. No compensation shall be provided for any Phase 1 Services unless authorized by a fully executed Task Order.
(c) Phase 1 Commencement. Design-Builder shall commence the performance of Phase 1 Services upon City’s issuance of a Task Order to complete certain Phase 1 Services in accordance with the Contract Documents. City has no obligation to issue a Task Order for Phase 1 Services. All Phase 1 Services performed by Design-Builder prior to City’s issuance of a Task Order shall be at Design-Builder’s sole risk. (d) Phase 1 Term. Design-Builder shall commence the performance of Phase 1 upon City’s issuance of a Notice to Proceed and shall complete the Phase 1 Work within 180 Days of City’s issuance of the Notice to Proceed. Design-Builder shall not be entitled to any costs due to any impacts, disruption, or delays occurring during performance of Phase 1 Services. If City or any other party exceeds or fails to meet any time limit provided DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
in the Contract Documents for performance of any action during Phase 1 Services, Design-Builder’s sole remedy shall be an adjustment of the time period for performance of Phase 1 Services. Any delay that occurs during Phase 1 shall have no impact on City’s right to terminate Phase 1 at any time as provided in the General Conditions. (e) Early Purchase Items; Early Construction Packages. The Parties may agree to have Design-Builder procure Early Purchase Items and perform Early Construction Packages prior to commencing Phase 2.
ARTICLE 3. PHASE 2 SERVICES.
(a) Guaranteed Completion Date. Design-Builder shall complete Phase 2 within the Guaranteed Completion Date. As of the Effective Date, the Guaranteed Completion Date has not been agreed to by the Parties. The Guaranteed Completion Date will be established in a GMP Amendment and it shall run from the Notice to Proceed for Phase 2 even if issued prior to completion of the 100% Construction Documents. (b) Commencement of Phase 2. Design-Builder shall not commence Work for Phase 2 until City executes a GMP Amendment and issues a Notice to Proceed for Phase
2. Design-Builder may request a Notice to Proceed with Construction Work prior to completion of the 100% Construction Documents, and City may issue same, provided that Design-Builder shall not construct any portion of the Project until the design of such portion has been issued for construction.
(c) Construction Packages. City and Design-Builder may agree to complete the Construction Work in multiple stages with individual Construction Packages. Each Construction Package would be a discrete and defined portion of the Project that includes its own GMP and Milestone Date, agreed to by the Parties in a GMP Amendment. City may issue Construction Packages that Design-Builder can perform concurrently.
ARTICLE 4. PHASE 1 COMPENSATION.
(a) City shall pay Design-Builder a total not to exceed amount of One Hundred Fifteen Thousand Dollars Dollars($115,000) for performance of the Phase 1 Services based on the work satisfactorily performed and approved by City pursuant to the Contract Documents and at the rates and manner set forth in Design-Builder’s Cost Proposal Form, subject to any additions or deductions as provided in the Contract Documents (“Phase 1 Fee”). For the purposes of the Contract, the billing rates will remain effective through the entire term of the Contract. Design-Builder will be reimbursed for hours worked at the hourly rates specified in Design-Builder’s Cost Proposal Form. Design-Builder will be reimbursed for direct costs not covered by the billing rates. The reimbursable direct costs are identified in Design-Builder’s Cost Proposal Form. The Phase 1 Fee includes all costs and expenses for all time and materials required and expended to provide the Phase 1 Services. City shall not be liable to Design-Builder for any costs or expenses paid or incurred by Design-Builder in performing Phase 1 Services, except as expressly provided for in the Contract.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
(b) There is no guarantee, either expressed or implied, as to the actual dollar amount that will be authorized for Phase 1 Services. Each Task Order shall include a not to exceed amount for that Task Order and the final Phase 1 Fee shall be comprised of the aggregate amounts of each Task Order.
ARTICLE 5. PHASE 2 COMPENSATION. Design-Builder’s compensation for Phase 2 Services shall be the Phase 2 Price as further described, and subject to, the limitations set forth below and as indicated in the Contract Documents. Design-Builder expressly agrees and acknowledges that, as of the Effective Date, Design-Builder is not entitled to any compensation for Phase 2 Services, and shall only be entitled to such compensation if: (1) City accepts the Design-Builder’s GMP Proposal; (2) the Parties execute, and the City Council approves, a GMP Amendment; and (3) City issues a Notice to Proceed for Phase 2.
ARTICLE 6. COMPONENT PARTS OF THE CONTRACT. This Contract includes and hereby incorporates in full by reference the following documents which are the “Contract Documents”, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
1. Design and Build Contract
i. Exhibit A – Phase 1 Scope of Services
ii. Exhibit B – Design-Builder’s Cost Proposal Form
iii. Exhibit C – Levine Act Form
iv. Exhibit D – Federal Requirements
v. Exhibit E – Federal Minimum Wage Rates
2. General Conditions
3. Special Conditions
4. Task Order for Phase 1 Services
5. Performance Bond
6. Payment Bond
7. Greenbook Standard Specifications (Most Recent Edition; Sections 1-9 Excluded)
8. Design-Builder’s SOQ
9. RFP/Q and all addenda, attachments and appendices
10. GMP Amendment
11. Change Orders
12. Permits
13. Construction Documents
The Design-Builder shall complete the Work in strict accordance with all of the Contract Documents. In case of conflicts between the Contract Documents, the order of precedence shall be as set forth in the General Conditions.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties, whether written or oral. The Contract can be modified only by a written Change Order executed in accordance with DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
the Contract Documents.
ARTICLE 7. USE OF DEFINED TERMS. Any capitalized terms herein not defined in the Contract, or in the Contract Documents, shall have the meaning set forth in the General Conditions.
ARTICLE 8. DESIGN-BUILDER’S CONTRACTOR’S LICENSE AND REGISTRATION.
Design-Builder shall have only appropriately licensed contractors performing work on the Project as required by the Business and Professions Code. Design-Builder (License No.
CA# 1121493) shall act as the licensed contractor for the Project. Design-Builder shall perform all services required under the Contract Documents in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform such services in the same discipline in the State of California, and the Design-Builder shall be fully responsible to City for any damages and/or delays to the Project as specified in the Contract. The licensed contractor shall be registered with the Department of Industrial Relations to perform public work (DIR Registration No. PW-LR-1001176223).
ARTICLE 9. DESIGN-BUILDER’S DESIGN PROFESSIONAL. Design-Builder shall name a specific person to act as the Design Professional as described in the General Conditions, subject to the approval of City. Design-Builder hereby designates Gridscape Solutions, Inc. (License No.: CA# 1121493) to act as the Design Professional for the Project. Design-Builder’s Design Professional shall perform all Design Work required under the Contract Documents in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform such services in the same discipline in the State of California, and Design-Builder shall be fully responsible to City for any damages and/or delays to the Project as specified in the indemnification provisions of the Contract. Any change in the Design Professional shall be subject to City’s prior written approval, which approval shall not be unreasonably withheld. The new Design Professional shall be of at least equal competence as the prior Design Professional. In the event that City and Design-Builder cannot agree as to the substitution of a new Design Professional, City shall be entitled to terminate the Contract as described in the General Conditions.
ARTICLE 10. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Design-Builder shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 11. INDEMNIFICATION. Design-Builder shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 12. SIGNATURES.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
(a) Counterparts. This Contract may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such scanned signature page were an original thereof.
(c) Digital/Electronic Signatures. This Contract may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
ARTICLE 13. GENERAL TERMS.
(a)GOVERNING LAW AND CHANGE IN LAW. This Contract, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Ventura County. In the event of a Change in Law that materially affects Design-Builder’s performance of its obligations under this Contract, increases the cost of performance, or affects the timing or feasibility of an obligation under this Agreement, Design-Builder shall be entitled to an equitable adjustment of the contract price, schedule, or other relevant terms.
For the purposes of this Contract, a “Change in Law” shall mean (i) the enactment, adoption, promulgation, modification, or repeal of any applicable law, regulation, rule, ordinance, code, or standard by any governmental authority after the Effective Date; or (ii) any change in the interpretation or application of any applicable law by any governmental authority after the Effective Date.
(b)TAXPAYER IDENTIFICATION NUMBER. Design-Builder shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service. (c)NON-APPROPRIATION OF FUNDS. Payments due and payable to Design- Builder for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Design-Builder’s services beyond the current fiscal year, this Contract shall cover only those costs incurred up to the conclusion of the current fiscal year. (d)MODIFICATION/AMENDMENT OF CONTRACT. Any amendment,
modification, or variation of the terms or tasks of this Contract shall be in writing and shall be effective only upon the mutual written approval of the City and Design-Builder.
(e)CAPTIONS. The captions or headings in this Contract are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Contract.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
(f)AUTHORIZATION. Each party has expressly authorized the execution of this Contract on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint ventures, insurance carriers and any others who may claim through it to this Contract.
(g)PARTIAL INVALIDITY. If any provision in this Contract is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
ARTICLE 15. FEDERAL FUNDING. Funding for this Contract has been provided in full or part by funds from the Federal Emergency Management Agency(“FEMA”). Design- Builder shall comply, and assist City in complying with all duties, requirements, and obligations in and arising out of the Federal Requirements, included as Exhibit D to this Contract.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
IN WITNESS WHEREOF, this Contract has been duly executed by the above- named parties, on the day and year above written.
CITY OF THOUSAND OAKS
______________________________
Mikey Taylor, Mayor
ATTEST:
______________________________
Laura B. Maguire, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
______________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
______________________________
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
______________________________
Nader Heydari, PE, Public Works Director
GRIDSCAPE SOLUTIONS, INC.
______________________________
Vipul Gore, President & CEO
______________________________
Bhavesh Gore, COO
1121493
_________________________
License Number
PW-LR-1001176223
______________________________
DIR Registration Number
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
EXHIBIT A
PHASE 1 SCOPE OF SERVICES
PROJECT SUMMARY.
1.1 Project Summary.
This Project is for the Power Backup at Lang Ranch Pump Station design, procurement, and construction of the a microgrid system at the Lang Ranch Pump Station, but not limited to, the following work:
Design:
oDesign shall consist of engineering and design services for the microgrid system in accordance with the City’s Design Guidelines, Technical Specifications, and all applicable codes and standards. The Design shall include early investigations, progressive design development, and formal design reviews to minimize risk and support constructability. The Design shall include design submittals at the 30%, 60%, 90%, and 100% levels of completion for City review and comment.
Procurement:
oProcurement shall consist of management of procurement activities intended to support timely delivery of long-lead equipment and materials.
Procurement activities may overlap with the Design as appropriate and as authorized by the City, to mitigate schedule risks associated with long lead times such as the Generator, Battery Energy Storage System (BESS), and Switchboard.
Construction:
oConstruction shall consist of construction, installation, and commissioning services for the microgrid system in accordance with the approved plans and specifications, City standards, and all applicable codes and regulations.
The Construction Phase shall include mobilization, construction of foundations, installation of equipment and electrical systems, implementation into City’s SCADA, coordination with utility agencies, and implementation of safety and quality control procedures. Construction shall include startup, testing, commissioning, and closeout coordination to support project acceptance.
Operation and Maintenance:
oOperations and Maintenance services following substantial completion shall be provided only under a separate agreement or amendment authorized by DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
the City. Any optional extensions beyond the initial O&M period shall also require separate City authorization.
A depiction of the Project limits is shown below:
BACKGROUND DOCUMENTS.
The Project shall be designed and constructed in accordance with the following documents, referred to herein as Background Documents, which will be made available to the Design-Builder:
(Request for Proposal / Qualifications) RFP/Q including all addenda, attachments and appendices
Current record drawings
Latest underground, exploratory reports, if available
Latest Geotechnical reports, if available
These Background Documents are not Contracts Documents and are strictly to further understand the requirements of the Project. Design-Builder is responsible for the design of the Project.
The Project shall comply with the following design parameters:
City Standard Plans (City Road/Water/Wastewater Standards)
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
The “Standard Specifications for Public Works Construction”, Current Edition (including supplements), of the Southern California Chapter of the American Public Works Association (Greenbook)
Any applicable design parameters contained in the Background Documents.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
1.PROJECT COMMENCEMENT AND MANAGEMENT.
1.1 Project Initiation Meeting. Upon receiving a notice of award of the Contract, Design-Builder shall coordinate with City in scheduling a Project Initiation Meeting. At the Project Initiation Meeting, Design-Builder shall introduce the key members of its design and construction teams and submit required submittals. Design-Builder shall be prepared to discuss its overall plan for completing the work, how it intends to partner with City to achieve City’s goals, and how ongoing communications, meetings and submittals will be accomplished. At the Project Initiation Meeting, Design-Builder shall propose a start date for the Project, and City may give direction to proceed.
1.2 Initial Submittals. At, or prior to, the Project Initiation Meeting, Design- Builder shall submit to City:
(a) A fully executed copy of the Contract;
(b) Insurance certificates required for the design phase, including but not limited to a certificate of professional liability coverage for Design-Builder’s Engineer of Record and others that will be performing Design Work.
(c) Confirmation letters from Design-Builder’s surety indicating that Design-Builder has sufficient bonding capacity to cover the initial-estimated construction costs and that the surety will issue such bonds prior to construction. The surety shall meet all requirements of the Contract.
(d) Executed irrevocable licenses from all design professionals who will perform work subject to copyright or other intellectual property assigning rights to City to reproduce and utilize the design developed for this Project.
1.3 Project Overall Work Plan. In coordination with City, Design-Builder shall develop an overall work plan (“OWP”) for the Project that indicates the final Project completion date, key milestones, total Project budget and anticipated costs. Design- Builder’s OWP shall be submitted to City within 30 days of the Effective Date. Design- Builder shall design the Project to achieve City’s budgetary and timing goals and shall undertake all Project tasks with this in mind. Design-Builder shall continuously update the OWP as it proceeds through Phase 1 tasks. In the event that Design-Builder believes that either the budget or completion goals cannot be met, Design-Builder shall immediately schedule an executive-level meeting with City to discuss the OWP. The OWP shall also indicate the key members of the Design-Builder, and which members will be performing which services. Design-Builder will update the OWP as it procures additional team members.
1.4 Quality Assurance/Quality Control. Design-Builder shall manage the quality of design deliverables throughout the Project. Design-Builder shall develop a Quality Assurance/Quality Control (QA/QC) Plan for implementation of this Phase 1 Service.
Design-Builder’s QA/QC Plan shall be submitted to City within 30 days of the Effective Date.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
2.5 Constructability and Value Engineering (C/VE). City is utilizing a progressive design-build process in order to obtain the benefits and efficiencies of having the design and construction professionals working as a cohesive team. Design-Builder therefore shall seek input from its Design-Build Team on constructability and value engineering throughout the design phase.
2.6 Phase 1 CPM Schedule. Design-Builder shall develop a Phase 1 CPM Schedule for completion of all Phase 1 tasks, which shall include sufficient time for City’s review and comment on each stage of the design. Design-Builder shall fully familiarize itself with this Scope of Services and ensure that its design schedule reflects all periods for review, meetings, and other services detailed within this Scope of Services.
2.7 Performance Guarantee. Design-Builder shall guarantee that it will perform its design services in an efficient and timely manner in order to maintain City’s ultimate completion goals in the OWP. At the Project Initiation Meeting, Design-Builder shall propose how it will ensure that it can meet this guarantee, including by providing cost incentives to City if milestones are not achieved in a timely manner.
2.8 Meetings.
(a) Project-Level Meetings. Design-Builder shall schedule a regular weekly meeting with City’s project-level team to provide regular updates on the progress of the Design, discuss key components of the design as it is developed, address any questions impacting completion of the design, and notify City of any schedule or budget impacts. The weekly meeting should include members of the Design-Builder that are fully informed on the information to be shared. Design-Builder shall develop an agenda for the meetings and maintain efficiency of the meetings. Design-Builder and City shall mutually agree as to the location.
(b) Design Workshops. Design-Builder shall facilitate in-person design workshops to inform City of design development and to solicit City’s input on design decisions. This includes, but is not limited to, the following:
(i) 30% Design Workshop
(ii) 60% Design Workshop
(iii) 90% Design Workshop
(iv) 100% Design Workshop
(v) Value Engineering Workshops, up to 2
(vi) Constructability Review Workshops, up to 2
(c) Design Review Meetings. Design-Builder shall plan and facilitate in- person review meetings after each design submittal to review City’s comments. This includes, but is not limited to, the following:
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
(i) 60% Design Review
(ii) 90% Design Review
(iii) 100% Design Review
(iv) GMP Proposal
(d) Executive-Level Meetings.
(i) Design-Builder will schedule a regular executive-level meeting each month, which shall include Design-Builder’s highest-ranking personnel on the Project, and which shall be open to City’s executive-level staff. The meeting should provide a high-level update on the progress and any potential budget or schedule issues (ii) The parties may determine that monthly executive-level meetings are unnecessary and agree on a different schedule. (iii) In the event that Design-Builder modifies the OWP in a manner that would require an increase to the Project budget or overall completion, or in the event that Design-Builder determines that the Project concept cannot be completed with the budget or time in the OWP, Design-Builder shall promptly schedule an executive- level meeting at which it shall present the issue and possible solutions. (e) Dispute Resolution. If Design-Builder has any claim or dispute with City during the design phase, Design-Builder shall first raise the claim or dispute at a project-level meeting. If it remains unresolved, Design-Builder shall request an executive- level meeting to address the issue. Design-Builder shall attempt resolution through this avenues as a prerequisite to any further remedies under the Contract or at law.
Construction phase claims shall be governed by the Contract.
2.9 Project Reporting.
(a) Design-Builder shall submit a monthly progress report with each monthly invoice including all supporting documentation required by the Contract. The format should be agreed upon before submittal of the first invoice and progress report and shall include:
(i) Written narrative to summarize work performed over the progress period and work planned in the next progress period (ii) Monthly progress schedule showing the status of activities shown in Project Baseline Schedule
(iii) Any recommended modifications to the Project Baseline Schedule
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
(iv) Monthly invoice and supporting documentation including budget status update
2.10 Project Logs.
(a) Design-Builder shall produce and maintain the following logs throughout the course of the Project:
(i) Project Decision Log. The project decision log shall track decisions made during workshops and meetings, and as a result of City review of deliverables. The log shall include the date of the decision, the title of the meeting where it was made (if applicable), a description of the decision, and a brief summary of the impacts.
(ii) Action Item Log. The action item log is used to track action items generated during meetings and workshops. Action items may only be assigned to members of City or Design-Builder team. If action is required by a different party, the action item should be assigned to the appropriate manager of the task. The action item log is not intended to include normal Design-Builder tasks, nor to include comments on deliverables. The action item log should include a tracking number (typically coded to the date), a date it was created, a description of the action required, the lead person, and the date it was resolved. If action is required by more than one person, the person who will be asked to coordinate that action should be listed.
(iii) Design Issues Log. The design issues log should list general comments and concerns raised by City staff during project meetings. This log is not intended to track City comments on submittals. The log should include a brief description of how the design issue will be addressed. The design issues log will be used during review of major submittals to confirm that the issue has been appropriately addressed. (iv) Comment Response Logs. Accompanying the deliverables provided at each submittal stage, including for all intermediate and final versions of all deliverables provided for City review as specified herein, Design-Builder shall provide written responses to every City comment and question provided on the previous submittal stage or document version, as applicable, explaining in detail (with reference to specific drawings, details, notes, specification sections, paragraphs, etc.) how City’s comment was addressed, why it was dismissed, or providing a response to the question.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
2.COST DEVELOPMENT.
2.1 Cost Model. Design-Builder shall develop a draft cost model for the Project for review and approval by City. The intent of cost model development and review is to have City and Design-Builder agree on the format for presenting cost estimates that will be used consistently throughout the Project, so that City can easily track the evolution of estimated costs through successive cost estimate submittals.
2.2 Cost Model Development. Design-Builder shall develop and maintain a cost model for the Project that is comprehensive of the project and updated with the evolution of the Project alternatives and design. The cost model and cost estimates shall be developed in an Open Book Basis format such that all costing details are transparent and openly shared with City. Based on the cost model, cost estimates will be progressively developed and refined, allowing City to modify priorities and requirements, if necessary, based on the overall budget, and ultimately establish a mutually agreed-upon Guaranteed Maximum Price.
2.3 Cost Model Submittals. Design-Builder shall develop and submit Project cost estimate updates at any point where a design change or new information materially affects the cost estimate. Each estimate shall include a log of additive or deductive changes from the previous cost estimate submission, with a description of the basis for changes (e.g., design changes, updated quotes, revised contingencies, etc.). At a minimum, cost estimates shall be provided with the following submittals:
(a) 30% Construction Documents;
(b) 60% Construction Documents;
(c) 90% Construction Documents; and
(d) 100% Construction Documents.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
3.DESIGN INITIATION.
3.1 Document Review. Design-Builder shall engage in a comprehensive review of any and all key Background Documents provided by City to understand the scope of the Project and advise on any constraints, along with validating the documents.
3.2 Site Investigations. Design-Builder shall be fully responsible for acquiring information necessary to develop the design and shall therefore perform all investigations of the site to inform the design.
(a) The site investigations may include but are not necessarily limited to:
(i) A site survey prepared by a professional land surveyor; (ii) Geotechnical Investigations;
(iii) Environmental investigations;
(iv) Hazardous material investigations;
(v) Identifications of utility locations.
(b) Design-Builder may utilize any information provided by City as Background Documents and may request additional information from City as might be available. However, Design-Builder’s receipt of, or request for, information from City does not relieve the Design-Builder from its responsibility for determining the as-built conditions that will inform the design.
3.3 Basis of Design Report. Design-Builder shall prepare a Basis of Design Report (“BODR”) that will project feature design development, engineering analyses and calculations to support design and operations. The BODR shall include a concept of the design and shall incorporate site or utility constraints that will impact the design. The BODR is intended to provide a succinct overview for development of the design and is not intended to be as detailed as the schematic design or future design submittals.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
4.DESIGN DEVELOPMENT.
4.1 Design Submittals. Design-Builder shall submit the following to City for approval:
(a) 30% Construction Documents;
(b) 60% Construction Documents;
(c) 90% Construction Documents; and
(d) 100% Construction Documents.
4.2 30% Construction Documents.
(a) 30% design level documents shall include preliminary plans, including but not limited to, the following:
(i) Cover sheet
(ii) Drawing index
(iii) General sheet showing key design parameters and
capacities
(iv) Demolition Plan
(v) Civil Design Drawings (Site improvement layouts/ Utility plans)
(vi) Structural Design Drawings and calculations
(vii) Electrical Design Drawings and calculations
(b) Design-Builder shall describe their approach to procurement and delivery of materials for the Project following the 30% design level documents in an early procurement approach memorandum. All equipment that will be procured in advance of Phase 2 must be identified and documented. The memorandum shall list the specifications and identify drawings that are anticipated to be completed to assist with equipment procurement. Innovative and cost-effective procurement and delivery techniques should be described, especially those that may expedite the Project schedule.
4.3 60% Construction Documents.
(a) Design-Builder shall prepare 60% design documents for the Project based on the results of the 30% design level documents and as outlined below:
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
(i) Design-Builder shall prepare drawings in accordance with City standards and using computer aided drafting (CAD) and building information modeling (BIM) after submitting templates that demonstrate compliance with City standards. (ii) 60% design level documents shall include plans, sections, elevations, and applicable details including but not limited to, the following:
(1)Cover sheet
(2)Drawing index
(3)General sheet showing key design parameters and
capacities
(4)Demolition Plan
(5)Civil Design Drawings (Site improvement layouts/
Utility plans)
(6)Structural Design Drawings and calculations
(7)Electrical Design Drawings and calculations
(iii) Design-Builder shall provide a complete list of specification divisions and sections to be included in the Construction Documents for City’s review. (iv) Design-Builder shall provide fully developed technical specifications for the Project.
(v) Design-Builder shall provide an equipment list and catalog cuts of major equipment, anticipated sole-source and any unusual equipment, and a summary of design and performance criteria for all equipment and materials.
5.4 90% Construction Documents. Design-Builder shall prepare substantially completed 90% design documents for the Project, developed by Professional Engineers licensed in California.
5.5 Workshops. Design-Builder shall schedule a workshop to take place following initial submittal of each design. At the workshop, Design-Builder shall present the design and any key components, provide an update on the estimated construction cost and key cost factors, and detail any changes from prior iterations.
5.6 City’s Review and Comments. Following the workshop, Design-Builder shall give City twenty (20) working days to review the design and provide comments.
5.7 Revisions. Design-Builder shall address all comments from City and provide revisions to the submittal in response to the comments. To the extent that implementing comments, or providing revisions, is not feasible or would result in negative cost or time DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
impacts, Design-Builder shall meet with City to present solutions and resolve the issues.
Design-Builder shall include adequate contingency within its Phase 1 CPM Schedule to respond to comments from City and to work through resolving any revisions
5.8 Approval. Each submittal is subject to approval by City, which will be conveyed by City’s Representative or designee.
(a) City’s Representative may make interim approvals of design modifications between submittals, as appropriate or as conducive to efficient design completion. However, interim approvals do not prevent City from commenting on approved matters when a design submittal is submitted.
(b) City’s review and approval of the design will not relieve Design- Builder from its responsibilities under the Contract. City’s review shall not be deemed an approval or waiver by City of any deviation from, or of the Design-Builder’s failure to comply with, any provision or requirement of the Contract, unless such deviation or failure has been clearly and expressly identified as such in writing in the document submitted by the Design-Builder and has been approved by express written consent of City, with a specific reference to the deviation.
5.9 100% Construction Documents.
(a) Design-Builder shall prepare and submit a fully completed set of 100% Construction Documents Signed by a Licensed Civil and Electrical Engineer. The 100% submittal shall incorporate all City comments from the 90% review. The 100% submittal shall be ready to be constructed in the Design-Builder’s opinion. (b) Upon acceptance of the 100% Construction Documents, City will issue a written notice that the Design-Builder can release the drawings as “Construction Documents”, subject to incorporation of any City comments on the 100% Construction Documents. The Construction Documents shall not be released without written approval by City.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
5.DEVELOPMENT OF A CONTRACTING PLAN.
5.1 General Requirements.
(a) Design-Builder shall develop an overall strategy and plan for bidding and constructing the Project taking into account factors affecting time for completing construction of the Project or the costs of constructing the Project. Design-Builder shall submit its written recommended bidding and construction strategy to City for review and approval. Design-Builder shall not solicit bids or procure Subcontractors for the Construction Work unless and until Design-Builder has submitted, and City has approved in writing, the bidding and construction strategy.
(b) The contracting plan shall comply with the Contract Documents including without limitation Article 40 of the General Conditions.
5.2 Work Packages.
(a) Design-Builder shall develop Work Packages suitable for Self- Performed Construction Work and bidding by Subcontractors. Work Packages developed by Design-Builder shall be submitted to City for review and acceptance by City. City will complete review of the Work Packages and provide Design-Builder with comments, requested modifications and similar matters relating to the proposed Work Packages. (b) Notwithstanding the foregoing provisions or any other provisions of this Contract, the review of Work Packages by City and acceptance of Work Packages by City: (a) shall not relieve Design-Builder of its responsibility under this Contract for developing Work Packages which shall incorporate all work, labor, materials, equipment and services necessary to construct the Project depicted in the Contract Documents; or (b) be deemed the assumption of responsibility by City for the completeness, accuracy or sufficiency of any Work Package or the totality of Work Packages developed by Design- Builder. Design-Builder shall modify the Work Packages as necessary to obtain City’s acceptance of the entirety of each Work Package and the entirety to all Work Packages.
Costs for work, labor, materials or services indicated in the Design Documents issued for self-performed Work or bidding by Subcontractors which are not incorporated into a Work Package shall be the sole responsibility of Design-Builder.
5.3 Early Purchase Items or Early Construction Packages. (a) Design-Builder shall actively consider and recommend measures to accelerate completion of the Project and to achieve completion in the most efficient manner possible. Design-Builder shall therefore propose elements of the Project that can be completed as Early Purchase Items or Early Construction Packages during Phase 1.
Design-Builder shall include proposed Early Purchase Items or Early Construction Packages options within the OWP and its initial Phase 1 CPM Schedule. The Phase 1 CPM Schedule shall be updated throughout the design phase to incorporate early work opportunities. Design-Builder shall consider and recommend the timing for Early Purchase Items or Early Construction Packages. The Early Purchase Items or Early Construction Packages shall not occur before necessary but shall be undertaken early DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
enough to achieve scheduling efficiencies and reduce the time to achieve final completion.
(b) Early Construction Packages may consist of:
(i) Site preparation work, such as demolition, grading, utility removals or installations, or other work on-site that can be completed prior to final Construction Documents; or
(ii) Any other Work that may achieve efficiencies or reduce future delay risks.
(c) Early Purchase Items may consist of:
(i) Material procurement, particularly the purchase of “long lead” items, specialized products or equipment, or materials that may have foreseeable supply chain issues; or
(ii) Any other purchase that may achieve efficiencies or reduce future delay risks.
(d) Additional information and requirements for Early Purchase Items or Early Construction Packages are located in Article 40 of the General Conditions.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
6.GMP PROPOSAL.
6.1 General. Design-Builder shall conduct all work necessary to develop, revise, and negotiate its GMP Proposal in accordance with the Contract Documents, including Article 40 of the General Conditions. Design-Builder shall develop the GMP Proposal on an Open Book Basis, providing City with full access to all details that make up the GMP Proposal. The GMP Proposal shall be made in accordance with the Guaranteed Maximum Price Cost Component Memorandum. All costs, bids, quotes, estimates and other information supporting the GMP Proposal shall be made available to City.
6.2 Phase 2 CPM Schedule. As part of its GMP Proposal, Design-Builder shall develop and submit a proposed Phase 2 CPM Schedule that includes contractual dates for key milestones including the Guaranteed Completion Date. The Phase 2 CPM Schedule shall meet the requirements of the Contract Documents.
6.3 Workshop. Following submittal of the GMP Proposal, Design-Builder shall schedule a workshop with City to discuss the GMP Proposal and how the Design-Builder arrived at the cost components. Design-Builder shall provide any information City requests for its review of the GMP.
6.4 Negotiations; Acceptance of GMP Proposal. If City requests to negotiate the GMP, Design-Builder shall facilitate a series of negotiation meetings. Design-Builder should anticipate up to three half-day sessions, with preparation time between each session for the parties to arrive at a final, agreed upon GMP. City may at any point following receipt of the GMP proposal, give Design-Builder notice of City’s acceptance.
The foregoing shall comply with Article 40 of the General Conditions
6.5 City Council Approval. City may not be able to accept a GMP Proposal and enter into a GMP Amendment without authorization of the City Council at a duly noticed public meeting, with an advanced agenda report. Design-Builder shall incorporate City Council approval process into its schedule planning.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
7.CONSTRUCTION.
7.1 Construction Work. If City accepts the GMP Proposal, Design-Builder shall complete construction of the Project in accordance with the approved design and the Contract Documents.
7.2 Preconstruction Submittals. Within 10 Days of City’s acceptance of the GMP Proposal, Design-Builder shall submit:
(a) Complete sets of the final Construction Documents, in an amount and form as directed by City;
(b) Copies of all permits and other governmental approvals; (c) Insurance certificates that are required prior to the start of construction;
(d) Performance and payment bonds;
(e) The Phase 2 CPM Schedule;
(f) Any other documents required by City for submittal prior to the start of construction.
7.3 Notice to Proceed. Design-Builder shall commence Phase 2 Services in accordance with a Notice to Proceed with Phase 2 issued by City. The Guaranteed Completion Date shall be based on the date stated to commence Phase 2 in the Notice to Proceed or, if none is stated, on the date Phase 2 Services actually commences or the 10 Days after the Notice to Proceed, whichever is earlier. In the event that no Notice to Proceed is issued, the Guaranteed Completion Date shall be based on the date Phase 2 Services actually commences.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
EXHIBIT B
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
EXHIBIT C
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
FEDERAL REQUIREMENTS
THE REQUIRED CONTRACT PROVISIONS AND REQUIRED FEDERAL-AID
CONTRACT LANGUAGE FOR CONSTRUCTION CONTRACTS ARE ATTACHED HERETO AS EXHIBIT D AND ARE INCORPORATED HEREIN BY REFERENCE.
THE FEDERAL MINIMUM WAGE RATES ARE INCLUDED AS EXHIBIT E AND ARE INCORPORATED HEREIN BY REFERENCE.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
EXHIBIT D
FEMA REQUIREMENTS
CI 5702 – POWER BACKUP AT LANG RANCH PUMP STATION
2237 PEAK PL. THOUSAND OAKS, CA 91362
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) REQUIREMENTS
1.EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the contractor agrees as follows:
(1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
2.DAVIS-BACON ACT
A.All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
B.Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
C.Additionally, contractors are required to pay wages not less than once a week.
3.COPELAND ANTI-KICKBACK ACT
A.Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
B.Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
C.Breach. A breach of the contract clauses above may be grounds for termination DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”
4.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages.
In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
3)Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
5.CLEAN AIR ACT
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
1)The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
2)The contractor agrees to report each violation to the City of Thousand Oaks and understands and agrees that the City of Thousand Oaks will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3)The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
6.FEDERAL WATER POLLUTION CONTROL ACT
1)The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
2)The contractor agrees to report each violation to the City of Thousand Oaks and understands and agrees that the City of Thousand Oaks will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3)The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
7.DEBARMENT AND SUSPENSION
1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
2)The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3)This certification is a material representation of fact relied upon by (insert name of recipient/subrecipient/applicant). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (insert name of recipient/subrecipient/applicant), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
8.BYRD ANTI-LOBBYING AMENDMENT
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds 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 who in turn will forward the certification(s) to the awarding agency.
9.PROCUREMENT OF RECOVERED MATERIALS
1)In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—
a.Competitively within a timeframe providing for compliance with the contract performance schedule;
b.Meeting contract performance requirements; or
c.At a reasonable price.
2)Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program.
3)The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
10.ACCESS TO RECORDS
1) The Contractor agrees to provide the City of Thousand Oaks, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
3) The Contractor agrees 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.
4) In compliance with the Disaster Recovery Act of 2018, the City of Thousand Oaks and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
11.DHS SEAL, LOGO, AND FLAGS
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
12.COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”
13.NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
14.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.
15.PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES. Prohibition on Contracting for Covered Telecommunications Equipment or Services
a)Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
in this clause—
b)Prohibitions:
1)Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
2)Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
i.Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology of any system;
ii.Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology of any system;
iii.Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system; or
iv.Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any
equipment, system, or service that uses covered
telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any syst
c)Exceptions:
1)This clause does not prohibit contractors from providing i.A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection
arrangements; or
ii.Telecommunications equipment that cannot route or
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2)By necessary implication and regulation, the prohibitions also do not apply to:
i.Covered telecommunications equipment or services that:
a.Are not used as a substantial or essential component
of any system and:
b.Are not used as critical technology of any system.
ii.Other telecommunications equipment or services that are not considered covered telecommunications equipment
or services.
d)Reporting requirement:
1)In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
2)The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
i.Within one business day from the date of such
identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand;
model number (original equipment manufacturer number,
manufacturer part number, or wholesaler number); item
description; and any readily available information about mitigation actions undertaken or recommended.
ii.Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or
recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and
any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications
equipment or services.
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
e)Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.
8. DOMESTIC PREFERENCES FOR PROCUREMENTS. As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184.
9.AFFIRMATIVE SOCIOECONOMIC STEPS. If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
EXHIBIT E
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx
DPW: 850-20\ev\Council\2026\022426\CI 5702\Power Backup at Lang Ranch Pump Station Att 3.docx