23BS0016_-_Exhibit_A_-_updated_7.8.24.pdf

California Department of Veterans Affairs Agreement Number: 23BS0016 Exhibit A - Scope of Work TBD

WATER SOFTENER SERVICES

1. INTRODUCTION/SERVICES

A. Contractor shall provide services, as specified, to California Department of Veterans Affairs, (CalVet).

Contractor shall provide services at the Veterans Home of California - Barstow, (Home), located at 100 East Veterans Parkway, Barstow, CA 92311. Contractor shall provide all labor, materials, staff, transportation, license, permits and every other item of expense necessary, unless otherwise stated, to provide water softener services. Services shall be provided at the Home, upon request and in compliance with terms of this Agreement.

B. All work shall be coordinated and approved by Contract Manager or designated representative. Services shall be performed during standard business hours 8:00 a.m. to 3:30 p.m., Monday through Friday unless otherwise specified. No work is to be performed on State holidays or on an overtime basis unless prior approval is received in writing from the Contract Manager, prior to this work taking place. Any and all services performed outside the scope of this Agreement or not approved by the Contract Manager, or designated representative, will be at the sole risk and expense of the Contractor.

C. Contractor must be able to perform the tasks associated with providing services under the scope of their license. Contractor will provide services in accordance with federal and state laws and regulations and CalVet policies.

D. The Contractor is not authorized to deliver or commence performance of services as described in the Agreement until written approval has been obtained from CalVet Contract Manager and the Contractor has received an executed contract from CalVet. Any delivery or performance of service commenced prior to the Contractor obtaining all written approvals shall be considered voluntary on the part of the Contractor.

2. EQUIPMENT

A. The following equipment is included in this Agreement:

8 each Manifolds for exchange tanks that are hard-piped at each location

8 each By-pass valves

8 each Test sample valves

B. The State reserves the right to delete or add similar equipment listed above. Additional equipment will be serviced as specified herein at the rates indicated in Exhibit B-1. Contractor will be notified in writing by the Contract Manager of equipment that has been added and/or removed from the list.

3. MINIMUM QUALIFICATIONS

All service performed under this Agreement shall be performed by qualified service technicians in the employ or under the direction of the Contractor.

Contractor shall provide a service technician on the equipment specified in this Agreement. Contractor shall provide the State with proof of the required training for each service technician providing services under this Agreement. Acceptable proof may be a resume showing experience (one year minimum) and training.

4. CONTRACTOR’S RESPONSIBILITIES

The Contractor shall provide the following services:

A. ROUTINE SERVICES (Monthly Maintenance):

1. Report to the front desk area (A-Building) and sign in and out in the Contractor Log Book. Security or Plant Operations personnel will escort Contractor on their bi-monthly (every two (2) weeks) service rounds to open and close locked doors as required to exchange the tanks.

2. At the end of each service, Contractor shall submit a detailed written report of the water softener system’s performance results to the CalVet Contract Manager or designee. The report shall include the name and signature of the Contractor’s Representative certifying the expected water softener performance standards have been achieved. This report will then be signed by the CalVet Contract Manager or designee.

3. Service and maintain a manifold array-based water softening system with bypass that provides exchangeable softening cylinder tanks to maintain water quality for four (4) resident out-buildings (Buildings B – E), along with one main building (Building A) with three resident wings, administration offices, main kitchen and public areas.

4. Ensure that all manifold arrays with bypass are appropriate to maintain current PSI and flow rates for water demands at each location. If any valves are found inoperable, new ball-valves with full port of the same size and rating must be reinstalled by Contractor.

5. Maintain, repair, and replace manifolds as needed to provide leak-free and trouble-free operation.

Approval from the CalVet Contract Manager or designee must be acquired prior to replacing or repairing any manifolds.

6. Provide bi-monthly testing of water hardness using EPA Method 130.2: Total Hardness of Water by Titrimetry – Official Name: Hardness, Total (mg/L as CaCO3) Titrimetric, EDTA prior to water softener tank exchange to ensure a constant supply of softened water between testing and tank exchanges. Contractor shall test city water hardness levels for fluctuations and shall use the results for comparisons with tested Home water hardness levels. Contractor shall present recommended water composition to the CalVet Contract Manager or designee for approval. All test results are to be included in the bi-monthly report indicating building locations where tanks have been exchanged and number of tanks exchanged at each location. Ensure exchangeable tanks maintain a minimum of 0-3 grains per gallon (gpg) hardness. Exchange used tanks with unexpended tanks on an as-needed basis. All exchangeable tanks provided by the Contractor shall be freestanding (not attached to Home structures). Contractor shall ensure that the total amount of exchange tanks at each location shall be sufficient enough to remove a minimum of 15 grains of hardness.

7. No salt-based products shall be used for the Home’s water softening services.

8. Solder, or use pro-press fittings on pipes and accomplish other hot work at the Home in accordance with CalVet Hot Work Policy. This policy will be provided by the CalVet Contract Manager or designee.

9. Respond on site to any emergency call outs within twenty-four (24) hours. This is anticipated to be a rare occurrence and costs shall be included as part of the monthly maintenance service.

B. REPAIR SERVICE

Contractor shall provide unlimited visits for any repair services requested or necessary to keep the equipment fully operational. Repair services that are not provided during regularly scheduled maintenance visits, shall be compensated by the State for actual hours worked on-site at the Contractor’s Non- Emergency Repair Hourly Rate as specified in Exhibit B-1, Rate Sheet. Any parts requiring replacement will be replaced in accordance with the Parts Section. Repair service will be provided upon written request from the CalVet Contract Manager. Contractor shall respond to requests for repair service within twenty-four (24) hours of initial notification. Every effort shall be made to perform repair services during normal business hours; State holiday and weekends excluded. The State may, at its discretion, allow access to the equipment during nonbusiness hours when necessary. Non-emergency repair services performed outside of normal business hours must be approved in advance in writing by the CalVet Contract Manager.

5. LICENSES, PERMITS, AND CERTIFICATION REQUIREMENTS

Contractor shall ensure all licenses, permits, and certification requirements are verified and current throughout the term of this Agreement.

Contractor shall possess and maintain a valid Type C-55 Water Conditioning Contractor License issued by the California Contractors State License Board (CSLB).

6. PREVAILING WAGES

A. In accordance with the provisions of Section 1770 of the Labor Code, the Department has determined that the general prevailing wages rates are applicable in the county in which the work is being performed and are the rates established and published by the Director of Industrial Relations, http://www.dir.ca.gov/oprl/pwd/.

1) The Notice to Contractors stipulates the prevailing wage rates are applicable to the classes of labor to be used on this project.

2) Pursuant to Labor Code Section 1776 completed certified payroll reporting forms for all workers involved in this project shall be submitted to the Contract Manager prior to the authorization of any payment for work under this contact.

B. Both parties shall retain a copy of the prevailing rates on file. Copies of the prevailing rate of per diem wages are on file with the California Department of Veterans Affairs and shall be made available to any interested party on request. LC § 1773.2.

C. Pursuant to Labor Code Section 1775, the Contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b) by any subcontractor under the contractor. This provision shall not apply to properly indentured apprentices.

D. Pursuant to Labor Code Section 1813, the contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five ($25) for each work employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

http://www.dir.ca.gov/oprl/pwd/

7. PARTS REPLACEMENT

This Agreement shall include replacement of any part that becomes worn or inoperable, or that otherwise affects the equipment's operability in any way. A written estimate of the required part(s) must be submitted to the CalVet Contract Manager and approved before replacement in all cases. Parts replaced under this Agreement shall be new, factory manufactured, or exceeding Original Equipment Manual (OEM) specifications. Contractor should maintain an adequate supply and/or must be able to obtain within a reasonable amount of time any necessary replacement parts to perform repairs and maintenance in a timely manner. Consumables and other supply items are hereby excluded.

When parts are needed, the Contractor will be reimbursed for the actual cost of the parts plus 10%, plus actual shipping charges and taxes paid by the contractor to obtain the parts. Proof of cost, such as a copy of the actual invoice for the parts from the business from which it was purchased must be attached to the Contractor's invoice for reimbursement.

Any parts replaced shall remain the property of the Home. The only exception is when the CalVet Contract Manager authorizes the Contractor to use the part(s) as a refund for “core” charges. If the Contractor is authorized to use the part for “core” exchange, the invoice must reflect the reduced cost of the parts based on “core” exchange value.

The State assumes no responsibility and shall not reimburse the Contractor for parts ordered by the Contractor and/or labor if the part was installed prior to authorization by the CalVet Contract Manager.

Contractor shall be responsible for the replacement of parts necessitated by the Contractor’s negligence at no expense to the State.

8. WORK AREA

While working on equipment, Contractor agrees to perform services with as little disruption to the State’s operations as possible.

9. WORKMANSHIP

All work provided by the Contractor shall conform to the latest requirements of Federal, State, City and County regulations. This includes but is not limited to Titles 17, 19 and 22 of the California Code of Regulations.

Contractor is responsible for compliance with all applicable laws, codes, rules and regulations on connection with work performed under this Agreement. Any services performed by the Contractor will be inspected by the State after completion. The State is solely responsible for determining acceptability of the work performed and the operability of the equipment.

10. HEALTH CLEARANCE

A. Contractor shall comply with the Home’s infection control policies and procedures. Initial and annual health clearance to include tuberculosis (TB) screening and Hepatitis B vaccine series offer (initial only) is required by Home policy of all state employees, contract employees and volunteers in order to meet State facility licensure requirements.

B. Initial TB screening may include, but not be limited to, 2-step TST/PPD testing and/or X-ray, and TB questionnaire. Annual TB screening may include, but not be limited to, 1-step TST/PPD testing and/or X-ray, and TB questionnaire. The health clearance process must be completed prior to initiation of services or employee assignment, and within the required timeframe stipulated by the Home for the annual requirement.

C. Pre-employment/pre-assignment and annual health screening performed for Contractor or Contractor’s employee will be at the Contractor’s expense.

D. All Providers must show proof of receiving an annual vaccination for influenza (flu). If a Provider cannot show proof of receiving the current vaccination, they must sign a declination form and wear a mask while in the Home during the entire duration of flu season.

E. Contractor shall submit medical reports/documentation to the Home’s Ambulatory Care Clinic indicating the individual is cleared to perform their duties and is free of communicable disease. The medical documentation must be submitted prior to initiation of services or employee assignment, and within the required timeframe stipulated by the Home for the annual requirement.

F. During times of endemic or pandemic (such as COVID-19) or other instances of widespread viral or bacterial infections, additional precautionary infection control steps may be implemented and required by the Home.

These may include, but are not limited to: wearing CalVet approved masks and/or face shields, extra or special cleanings, social distancing, partitions, adjusted hours, vaccinations, booster shots and obtaining additional clearance certifications that may be required by local, state or federal health authorities.

Providers shall comply with the Home’s COVID-19 Mitigation or Infection Control Plan and follow all current COVID-19 guidelines for precautions.

G. Failure to comply with the Home’s infection control policies shall result in immediate Provider suspension, contract suspension or termination. Any suspension will remain in effect until a medical clearance is provided to the Home’s Infection Control Specialist or designee.

11. INDEPENDENT CONTRACTOR STATUS

A. The Contractor/Providers shall be considered “Independent Contractors” in relation to CalVet and the State. Therefore, the Contractor/Providers shall not be considered employee(s) of the Home and shall not be entitled to any employee benefits from the CalVet or the State including, but not limited to, the following:

1. Premium Pay, Overtime Pay, or Holiday Pay

2. Medical Insurance

3. Vacation or Sick Leave

4. Worker’s Compensation

5. Other employee benefits

12. CONTACT INFORMATION

A. The project representatives during the term of this Agreement will be:

1. CalVet Representative/Contract Manager:

Veterans Home of California, Barstow Contract Manager 100 East Veterans Parkway Barstow, CA 92311 Phone:

Email:

2. Contractor Representative:

Name of Contractor Contract Manager and Title Address City, State, and Zip Phone:

Email:

B. Contract Representatives, addresses, and phone/fax numbers may be changed by issuing a 20-day prior written notification and shall not require a formal amendment to this Agreement. The notifying party shall provide complete contact information for the replacement Contract Representative including, name, title, mailing address, phone/fax numbers, and email address. All other changes require a formal written amendment to this Agreement.