25LS0001-_All_Exhibits.pdf

California Department of Veterans Affairs Agreement Number: 25LS0001 Exhibit A - Scope of Work TBD

ANNUAL BACKFLOW TESTING, MAINTENANCE, AND INCIDENTAL REPAIR 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, (Home), located at 45221 30th Street West, Lancaster, CA 93536. Contractor shall provide all labor, materials, staff, transportation, license, permits and every other item of expense necessary, unless otherwise stated, to provide Annual Backflow Testing, Maintenance, and Incidental Repair 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 5:00 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 will be considered voluntary on the part of the Contractor.

2. EQUIPMENT

A. The following equipment is included in this Agreement:

Quantity Equipment

1 Conbraco, 4050402, 3/4 inch, S/N: T5592 1 Conbraco, 4050402, 3/4 inch, S/N: TS592 PVB 1 Conbraco, 4050402, 3/4 inch, S/N: TS660 PVB 1 Watts 009M2QT, 2 inch S/N: A57263; Device #106364 1 Watts, 774, 8 inch, S/N: 10880 1 Watts, 909, 1 1/4 inch, S/N: 862334 1 Watts, 909, 3/4 inch, S/N: 638662 1 Wilkins, 975XL, 3/4 inch, S/N: 3181247; Device #3181247 1 Wilkins, 975XL, 1 inch, S/N: 3126003 1 Wilkins, 975XL, 1 inch, S/N: 3126003; Device #106366 1 Wilkins, 975XL, 2 inch, S/N: 3126130 1 Wilkins, 975XL, 2 inch, S/N: 3126136; Device #3126136 1 Wilkins, 975XL, 2 inch, S/N: 3165935 1 Wilkins, 975XL, 2 inch, S/N: J 165935; Device #106368

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

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

2. Contractor must provide a service technician who is factory-trained on the equipment specified in this Agreement. Contractor must 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, training and factory school completion.

4. CONTRACTOR’S RESPONSIBILITIES

A. ANNUAL SERVICE

1. Perform backflow tests and certification on fourteen (14) backflow devices located at the Home, according to Indoor Air Quality, Environmental Protection Agency, and Title 17 and 22 of the California Code of Regulations.

2. Tag each assembly with the test date and the Contractor’s contact information.

3. Notify Contract Manager if the initial tests fail or if any failed tests that have resulted in illegal cross connections, incorrect installations, or any other potential hazards.

4. After failed tests, conduct basic on-site cleaning and perform the recommended repairs.

5. Remove all equipment, waste, and debris when leaving the job site.

6. Submit the completed test reports to the Los Angeles County Waterworks, and provide a copy of the reports to the Contract Manager.

B. INCIDENTAL REPAIR SERVICE

Contractor shall provide unlimited visits for any repair services requested or necessary to keep the equipment fully operational. Repair services will be compensated by the State for actual hours worked on-site at the Contractor’s 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 Contract Manager. Contractor must respond to requests for repair service within 24 hours of initial notification. 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. Repair services performed outside of normal business hours must be approved in advance in writing by the Contract Manager.

C. EMERGENCY SERVICE

3. Contractor shall provide any necessary emergency repairs upon request from the Contract Manager.

Contractor must respond to requests for emergency repair within two (2) hours of notification from the Home. When possible, emergency repairs will be performed during normal business hours. The State may, at its discretion, allow access to the equipment during non-business hours when necessary.

4. Emergency services provided by the Contractor, will be compensated for actual hours worked on site at the Contractor’s emergency call hourly rate, as specified in Exhibit B-1, Rate Sheet. Any emergency repair service provided must be completed the same working day, unless a written notification of delay is submitted to the Contract Manager immediately upon diagnosis of equipment deficiency. Any parts requiring replacement will be replaced in accordance with the Parts Replacement section.

5. 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.

6. PARTS REPLACEMENT

A. 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.

B. 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.

C. 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.

D. The State assumes no responsibility and shall not reimburse the Contractor for parts ordered by the http://www.dir.ca.gov/oprl/pwd/

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.

7. LICENSES, PERMITS, AND CERTIFICATION REQUIREMENTS

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

Prior to providing services as outlined in this Agreement, Contractor must:

A. Ensure that each service technician providing services shall possess and maintain a valid Certified

Backflow Prevention Device Tester and Repairer license, permit, and/or certification throughout the term of this Agreement.

B. Provide copies of any required license(s), permits, and/or certification(s) for each Technician to the

Home’s Contract Manager, or designee, to be kept on file at the Home throughout the term of this Agreement. Contractor shall ensure that all required license, permits, certifications, and any other requirements outlined herein are current and in effect at all times during the term of this Agreement.

C. Provide C-36 Plumbing License.

D. Provide current/renewed license(s), permit(s), and/or certification(s) to CalVet not less than thirty (30) calendar days prior to their expiration. If during the course of this Agreement, any of the licenses and/or requirements are found to be inactive or not in compliance, CalVet may withhold payment for services rendered during the expiration period and/or immediately terminate this Agreement.

E. Assume responsibility for verifying, through the appropriate licensing boards, that no current or unresolved adverse actions have been taken by the State licensing authorities against any Technician(s) assigned to CalVet, and that all licenses are active and void of misconduct. CalVet may, at its discretion, verify the current status of Technician(s) assigned.

8. DAMAGES

Damage caused by Contractor to existing facilities or structures resulting from this work must be reported immediately to the Contract Manager, and repaired immediately by the Contractor to the satisfaction of the State, at no cost to the State.

9. WORK AREA

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

10. WORKMANSHIP

All work provided by the Contractor must 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.

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, and

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 - Lancaster Attn: TBD 45221 30th Street West Lancaster, CA 93536 Email:

2. Contractor Representative:

TBD

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. CalVet may execute amendments to extend the term for one (1) year extensions and add additional funds at the rates stated in the Rate Sheet. No amendment or variation of the terms of the Agreement shall be valid unless made in writing and agreed upon by both parties.