All_Exhibits.pdf

California Department of Veterans Affairs Agreement Number: 26RS0012 Exhibit A - Scope of Work Contractor Name: TBD

WATER TESTING AND ANALYSIS SERVICES

1. INTRODUCTION/SERVICES

A. The Contractor shall provide service to the California Department of Veterans Affairs (CalVet). The Contractor shall provide service at the Veterans Home of California Redding, at 3400 Knighten Road Redding, CA. 96022. The Contractor shall provide all labor, equipment, materials, staff, transportation, insurance, bonds, licenses, permits, and any other item of expense necessary, unless otherwise stated, to provide water testing and analysis services. Services shall be provided upon request and in compliance with the terms of this Agreement.

B. All work shall be coordinated and approved by the Contract Manager or designated representative.

Services shall be performed during the hours of 8:30 a.m. to 4:30 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 CalVet Contract Manager, prior to this work taking place. Any and all services performed outside the scope of this Agreement or not approved by the CalVet Contract Manager or designated representative will be at the sole risk and expense of the Contractor.

C. The Contractor must be able to perform the tasks associated with providing services under the scope of their license. The 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 the performance of services as described in the Agreement until written approval has been obtained from the 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. MINIMUM QUALIFICATIONS

A. All services performed under this Agreement shall be provided by qualified personnel in the employ or under the direction of the Contractor.

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

C. The Contractor shall provide a minimum of two (2) certified service technicians who have been factory-trained on the equipment specified in this Agreement. The Contractor shall provide the state with proof of the required training for each service technician providing service under this Agreement. Acceptable proof may be a resume showing experience, training, and factory school completion.

D. The Contractor shall be an authorized service provider for the “Dolphin Water Treatment” system series 3000, manufactured by Clearwater Systems Corporation, and Evapco Cooling Towers, Manufactured by Evapco.

3. EQUIPMENT

A. The following equipment is included in this Agreement.

1) Cooling Tower (CT) Evapco AT 29318

2) Chilled Water. (CHW) Loops

3) Heating Hot Water (HHW) Loop

4) Water Softener Water Specialist WS2H w/o bypass valve

5) Chemical Feed monitor Lakewood instruments 1512e

B. The State reserves the right to add or delete equipment that has become obsolete. Additional equipment will be serviced at the unit rates specified herein. The Contractor will be notified in writing by the CalVet Contract Manager of the equipment being added or removed from the list.

4. CONTRACTOR’S RESPONSIBILITIES

The contractor shall provide the following services:

A. GENERAL REQUIREMENTS

1) The services shall include a complete water analysis of all the systems listed under Section 3, (Equipment) of this Agreement.

2) The Contractor shall make repairs to the Dolphin Transformer Panel, Coil Pipe assembly, and the

Webmaster One controller as necessary during this Agreement at the hourly rates noted in Exhibit B-1 Rate Sheet.

3) The Contractor shall have laboratory facilities certified by at least one of the following entities: (ELAP) Environmental Laboratory Accreditation Program and/or (ARB) Air Resources Board.

4) The Contractor shall be responsible for providing sample bottles, a cooler or ice chest, and any courier service charges to deliver or pick up samples and the cooler to the CalVet Contract Manager on site.

5) The Contractor shall test and analyze samples as requested by the Calvet Contract Manager/designee as specified in Exhibit B-1.

6) The Contractor must identify the means and methods for field testing and the equipment used in the laboratory to determine the water chemistry.

7) The Contractor shall supply all-Inclusive water treatment chemicals necessary to complete the services noted in the Agreement in accordance with the Chemicals section of Exhibit B-1, Rate Sheet.

8) The Contractor will not be allowed to overstock chemicals on the premises. The Contractor must identify the location of the warehouse, the turnaround time for the chemical orders and deliveries, and the method of delivery. The chemical vendor must provide a spill contingency plan and assume responsibility for the chemical treatment products.

9) Safety Data Sheets shall accompany all chemicals delivered to the facility listed in this Agreement.

10) Chemical delivery and containment tanks must be clearly labeled by the contractor in accordance with established industry regulatory requirements.

11) Comply with the requirements of the following agencies:

a. The City of Redding Public Works Sewage Department

b. Applicable industrial waste regulations.

c. California State Water Resources Control Board. (SWRCB)

d. Conform to Occupational Safety and Health Administration (OSHA) standards for the storage and handling of hazardous chemicals.

12) The Contractor shall meet with CalVet’s Contract Manager or Designee as needed to discuss industry trends and new developments, the services performed, recommendations for improvements, options to enhance system performance, resolutions to operational problems, and ways of meeting changing needs and objectives.

13) In the event the Contractor loses, damages, contaminates, or neglects to run specified analyses/tests on samples, the Contractor shall pull a second set of samples and the Contractor shall run required tests at no additional cost to CalVet.

14) The contractor must supply the chemical, equipment, testing material, and any other pertinent items in order to successfully remediate a location listed on the sampling schedule, this is included in the service rate listed on the Exhibit B-1 Rate Sheet. Individuals handling the chemical, on behalf of the contractor, must be properly trained in the handling, transportation, and use of the chemical. The chemical used must be an Environmental Protection Agency (EPA) and CalDPR-registered biocide approved for potable use.

15) The Contractor shall be responsible for protecting the State’s building(s), facility, and properties from damage from their staff during this contract. Any building(s), facilities, or properties damaged shall be repaired or replaced by the contractor, at the Contractor's expense, to a condition equal to that which existed before the start of the contract.

B. SCALE AND CORROSION CONTROL

To prevent scale, corrosion, and biological growth in the system, the Contractor shall:

1) Furnish chemicals in containers suitable for use as solution reservoirs.

2) Provide documentation in writing indicating the products meet or exceed all environmental requirements. All products shall conform to the requirements of the agencies listed above in section

4. A.14.

C. CORROSION COUPON TESTING

1) The Contractor shall install coupons in the coupon holder and submit a written report to CalVet at the end of each ninety (90) days.

2) The coupons that will be installed must be mild steel similar to that of the distribution piping, and the copper alloy that is similar to the metallurgy of the heat transfer coils and chiller tubes.

3) The coupons from all coupon holders will be removed and replaced every ninety (90) days.

4) The Contractor will be required to maintain the corrosion rates for mild steel at <2.0 mils per year and a corrosion rate of <0.5 mils per year for copper.

D. EMERGENCY CHEMICAL DELIVERIES

The Contractor shall deliver chemicals to the Home within 48 hours of notification by CalVet. These deliveries will be included as part of the “Chemicals (Amount budgeted by CalVet) rates described in Exhibit B-1 Rate Sheet and will not incur separate charges.

E. PREVENTATIVE MAINTENANCE

The Contractor shall perform quarterly assessment, testing, inspection, and labor on the Condenser/Cooling Tower System, Chilled and Hot Water Systems, and provide chemical supplies appropriate for the systems specified herein.

The following services will be provided as listed:

1) Quarterly Water Treatment and Analysis.

Duties performed under this section 4.E.1. shall be paid at rates described in Exhibit B-1 Rate Sheet under “Preventative Maintenance Quarterly Water Treatment and Analysis”. Duties are the following:

a. Provide inspection, testing, and labor for the Condenser/Cooling Towers, chilled water systems, boiler water, and potable drinking water.

b. Dip slides shall be tested on all buildings as needed.

c. Analysis of water being tested. Makes routine adjustments, calibrations, and cleaning of sensors for the water testing controllers. Repair or replace when necessary.

d. Visually checks distribution pans, pumps, and other components of the circulation water systems.

e. Change water testing chemicals and remove empty containers.

f. Extended backwash as needed.

g. Calibration and cleaning of Water Monitoring instruments.

h. Systems sanitizations.

i. Documentation of all component operations. This shall be reported in the service report.

j. Provide quarterly monitoring service calls to ensure safety compliance, minimize corrosion, control scale formation, and microbiological control to maximize equipment efficiency lifecycle and to conserve water and energy.

k. Perform quarterly onsite water analysis, calibrations, and inspections of water systems and equipment covered herein.

l. Included in the quarterly water treatment services, the Contractor shall provide ancillary technical information, consultation, and education on an as-needed basis. The purpose of these supplemental activities is to help the Home maintain up-to-date current knowledge of industry practices. These tasks will be part of the contract and will not incur additional charges to CalVet.

m. Check the chemical injector device, and clean it as needed.

n. Inspect the blowdown or drain valve. Clear all debris to ensure proper operation. Repair or replace when necessary.

o. Inspect the sump, chemical tank, and strainer. Clean as needed.

p. The lab analysis must include general water chemistry for all water systems, including, but not limited to, inhibitor levels for mild steel, copper, black iron, stainless steel 316, and any constituent that is listed on the discharge permits.

q. Provide inspection, testing, and cleaning, including but not limited to, nozzle, chemical pumps and lines, chemical feed controller, levels, and water quality analysis.

r. The chilled water and condenser water will be tested for biological activity. The testing will include, but not be limited to, aerobic and anaerobic bacteria.

s. When necessary, test and record the following in accordance with the analytical results of the sample: the following information shall be included in the service report.

(i) Alkalinity total

(ii) Hardness total

(iii) Hardness calcium

(iv) pH

(v) Conductivity

(vi) Chlorine free

(vii) Chloride

(viii) Phosphonate

(ix) Nitrates

(x) Bacteria count

(xi) Silica

t. When necessary, test and record the following in accordance with the analytical results of the sample. The following information will be included in the service report:

(i) Iron

(ii) Copper

Quarterly Samples Will be Collected at the Identified Locations Below:

Facility Location Quarter 1 Quarter 2 Quarter 3 Quarter 4

Veterans Home Redding

Trinity area 2 2 2 2

Klamath area 2 2 2 2

Shasta area 2 2 2 2

Lassen area 2 2 2 2

McCloud area 2 2 2 2

MainKitchen/SNF Kitchen 4 4 4 4

Drinking (1) Fountains Hallway

1 1 1 1

Total 15 15 15 15

2) Semi-Annually Biological Drinking Water/Coliform Analysis

Duties performed under this section 4.E.2. shall be paid at rates described in Exhibit B-1 Rate Sheet under “Semi-Annually Biological Drinking Water Analysis”. Duties are the following:

a. The Contractor shall test for coliform and biological control agents.

b. The Contractor may be requested to conduct the water analysis more frequently than quarterly if the system has bacteriological contamination problems indicated by more than one total-coliform positive sample during the most recent 24 hours of operation. These additional tests shall be included in the rates described in Exhibit B-1 Rate Sheet “Semi-Annually Biological Drinking Water/Coliform Analysis.

3) Annual cooling tower services

Duties performed under this section 4.E.3 shall be paid at rates described in Exhibit B-1 Rate Sheet under “Annual cooling tower cleaning”.

a. The Contractor shall drain, refill, add descale chemicals, and circulate treated water.

b. The Contractor shall power wash tower drift eliminators, interior media, basin, and exterior panels and use chemicals if needed.

5. LICENSES/PERMITS/CERTIFICATIONS

A. The Contractor shall be responsible for ensuring all required licenses, permits, and certifications for employees are valid and current and remain in force for the term of this Agreement.

B. The Contractor must be licensed to conduct business in California.

C. The Contractor shall possess a California Department of Pesticide Regulation (CalDPR) issued Qualified Applicators License (QAL) with at least the following categories: (F) Aquatic and (P) Microbial Pest Control

D. The Contractor shall have technicians with certifications in/from Associated Water Technology (AWT), Certified Water Technology (CWT), American Society of Sanitary Engineering International (ASSE), and have EvapCo Factory Authorization.

E. The Contractor shall have a Department of Transportation (DOT), Hazmat-certified chemical delivery driver and a DOT/California Highway Patrol (CHP) approved vehicle for transporting hazardous materials.

F. The Contractor shall be an authorized service partner of the manufacturer listed in section 3 of this Agreement.

6. EMERGENCY SERVICE

The Contractor shall provide any necessary emergency repairs upon request from the CalVet Contract Manager. The 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 as specified herein. The State may, at its discretion, allow access to the equipment during non-business hours when necessary. If non-emergency repairs are required, the Contractor shall respond within twenty-four (24) hours of notification from the Home.

Emergency services provided by the Contractor, if at the specific request of the State, 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 shall be completed the same working day unless written notification of delay is submitted to the Calvet Contract Manager immediately upon diagnosis of equipment deficiency. Any parts requiring replacement will be replaced in accordance with the Parts Replacement section specified herein.

7. INCIDENTAL REPAIR SERVICES

The contractor shall provide unlimited visits for any repair services requested or necessary to keep the equipment listed in section 3.A., fully operational for the duration of this Agreement. 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 Repair Hourly Rate as specified in Exhibit B-1, Rate Sheet.

Any parts requiring replacement will be replaced in accordance with the Parts Replacement specified herein.

Repair service will be provided upon written request from the CalVet Contract Manager. The contractor shall contact the Home’s Chief Plant Operation or designee within eight (8) hours of initial notification in response to requests for repair service.

Every effort shall be made to perform repair services during normal business hours of 08:30 am to 4:30 pm Monday-Friday. The State may, at its discretion, allow access to its equipment during non-business hours when necessary. Non-emergency repair work performed outside of non-business hours must be approved in advance in writing by the CalVet Contract Manager.

8. 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. The 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 on a non-emergency basis and the total amount of the parts is under $100, the contractor shall replace the parts without competition and shall be reimbursed through this Agreement. When parts are needed on a non-emergency basis, the total amount of the parts exceeds $100, and the parts are not proprietary, CalVet will proceed with a separate competitive bid process to procure the parts to ensure the State is getting the best value. The vendor with the lowest price for parts shall be awarded the bid and reimbursed at the cost(s) provided in the solicitation process. If the award goes to the Contractor, the Contractor may be reimbursed at the costs provided in the solicitation through this Agreement. If another vendor is awarded the solicitation for parts, the parts shall be procured and reimbursed through a separate purchase order.

When parts are needed on an emergency basis or the parts are proprietary, the Contractor will be reimbursed for the actual cost of the parts plus 10%, and 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 a “core” exchange, the invoice must reflect the reduced cost of the parts based on the “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. The Contractor shall be responsible for the replacement of parts necessitated by the Contractor’s negligence at no expense to the State.

9. REPORTS

A. A full report on chemistry and conditions must be provided within 24 hours of the visit.

B. Results of the analysis shall be reported to the CalVet Contract Manager or Chief of Plant Operation no later than the 10th day of the month following receipt of the results.

C. The vendor will provide a sample report showing the tests and analysis that will be provided. The report shall indicate the testing methodology and the accuracy of each test that will be performed.

D. Quarterly reports shall include water analysis and recommendations.

E. CalVet reserves the right to request the Contractor for additional reports or information as needed. The report shall be submitted in electronic format and sent via electronic mail as requested by CalVet. If electronic mail is not available, arrangements will be mutually agreed upon by the Contractor and CalVet Manager or designee.

F. When samples or collected tested have been analyzed, including the coliform monitoring test, results shall be sent to the Chief of Plant Operation or the Assistant Home Administrator, and provide a complete list of all products that will be used for the water treatment. This list shall be submitted within 30 days of contract execution and afterward, anytime changes take place.

G. Rates for reports shall correspond to the rates for Quarterly Water Treatment and Analysis, Quarterly Biological Drinking Water Analysis, or Quarterly Legionella Control Program as described in Exhibit B-1 Rate Sheet, according to the nature of the report.

H. The chemical vendor must provide a spill contingency plan and assume responsibility for the chemical treatment products. This contingency plan shall be submitted to the Chief of Plant Operations and or Homes Assistant Home Administrator within 30 days of contract execution. The handling and transfer of chemicals must be specified, as well as a remediation plan, should a spill occur.

I. Provide the Home with any documentation of the equipment inspection and maintenance required for licensing and accreditation purposes.

10. BACTERIOLOGICAL SAMPLING POSITIVE RESULTS

A. A repeat sample shall be collected from the same location within 48 hours of being notified of the positive result.

B. If the repeat sample is also total coliform-positive, the sample shall also be analyzed for the presence of fecal coliforms or Escherichia coli (E. coli).

C. Contractor shall notify the Home’s Contract Manage or the Chief of Plant Operations or his designee within 24 hours of a coliform-positive result. This will allow the Home sufficient time to notify the appropriate authorities and take appropriate corrective actions, as directed by the local health officer, in cases where the samples are coliform-positive.

D. Repeat samples will be at the rate specified for Semi-Annually Biological Drinking Water Analysis.

11. COMPREHENSIVE LEGIONELLA CONTROL PROGRAM

In coordination with the Home’s Chief of Plant Operations, the Contractor shall design and implement a comprehensive Legionella Control Program. The program shall be designed to meet the needs of the home for preventive measures and to ensure prompt response when a positive result is found. The Contractor will provide an updated, written, comprehensive manual for this program during December 2026. The manual shall be updated as needed and kept in the Plant Operations office of the Home. The Legionella control program will continue in November of 2029 and will continue until the termination of this contract. Main program components of the Legionella program will include:

A. CalVet Home Legionella Program Team

The Legionella Control Program shall be implemented and monitored by both the Contractor and the Home. As part of the program, a program team will be dedicated to designing, implementing, reviewing, and revising the comprehensive program. Members of the team will include a Certified Environmental Specialist, a Contractor Account Specialist, the Home’s Chief Plant Operation, the Home’s Assistant Home Administrator, the Home’s Infection Control Nurse, the Home’s Health & Safety Officer, the Home’s Standards Compliance Coordinator, and any other Home staff as designated by the Home’s Administrator. Team composition is subject to change based on program and Home requirements.

B. Description of Home Water Systems It will be the responsibility of the contractor to develop text and detailed flow diagrams that describe the facility's water systems. There must be a flow diagram for the entire facility, as well as individual flow diagrams for each area of the home included in the program. The diagrams should indicate the locations of endpoint uses of potable and non-potable water systems, locations and purposes of any water processing components, and any other processes that involve the storing, conditioning, cooling, heating, and circulation of said water. Key plumbing elements and water fixtures, such as sinks, showers, spas, decorative fountains, drinking fountains, etc., should also be represented. For examples and guidelines, reference the Centers for Disease Control and Prevention (CDC) Toolkit and the ASHREA 188P Standard.

C. Identified Location Where Legionella and Other Opportunistic Pathogens Can Grow/Spread It will be the responsibility of the contractor to conduct a Risk Assessment and to consult the Home in the identification of any high-risk locations. Water systems included in the program must include, but are not limited to, showers, sink faucets, toilets, drinking fountains, ice machines, water heaters, storage tanks, pools, spas, humidifiers, misters, cooling towers, and decorative fountains.

D. Identification of Control Measures and Monitoring Methods/Frequencies It will be the responsibility of the contractor to consult the Home in the identification of such measures, methods, and frequencies. Reference the CDC Toolkit and the ASHRAE 188P Standard.

E. Establish Intervention Protocols It will be the responsibility of the contractor to consult the Home of such Protocols. The contractor must consult the Home on Protocols pertaining to water access, evacuations, etc.

F. Semi-annual Legionella Analytical Sampling In accordance with the comprehensive Legionella Control Program, the contractor will collect and prepare water samples. The samples will be sent to a laboratory certified to conduct Legionella presence testing.

Samples will be collected from throughout the facility as discussed and presented in the Legionella Control Program document, which is subject to change based on discussion and Agreement of the Legionella Program Team.

Semi-annual samples shall be collected at the locations identified below:

Facility Location Quarter 1 Quarter 2 Quarter 3 Quarter 4

Veterans Home Redding Legionella Samples

Colifom E Coli Analysis Samples

Legionella Samples

Colifom E Coli Analysis Samples

Trinity area 2 2 2 2

Klamath area 2 2 2 2

Shasta area 2 2 2 2

Lassen area 2 2 2 2

McCloud area 2 2 2 2

MainKitchen/SNF Kitchen 4 4 4 4

Drinking (1) Fountains Hallway

1 1 1 1

Total 15 15 15 15

*Sample locations are subject to change depending on program needs.

G. Water Sampling Collection Procedures The Contractor shall collect water samples and prepare them for transport to the designated laboratory, and the contract is responsible for chain of custody.

H. Developing Procedures The Contractor shall assist in developing procedures for decommissioning and recommissioning buildings and water systems that are part of the Water Management Plan.

I. Positive Results Response Protocol The Contractor shall provide an update, if necessary, from the existing written plan to address any Legionella positive results. The plan shall be updated as needed and kept in the Plant Operations office at the Home. The response protocol shall include any and all actions that should be implemented in the case of a verified positive result. The response protocol shall include an adequate response time to meet the standard, within twenty-four (24) hours, and an onsite representative to facilitate the remediation.

12. EMERGENCY SAMPLING SERVICE AND FOLLOW-UP SAMPLING

The Contractor shall provide any necessary emergency testing upon request from the CalVet Contract Manager, and if there is verifiable reason to indicate that there may be a Legionnaires’ outbreak. The Contractor shall respond to requests for emergency testing within six (6) hours of telephone notification by the CalVet Contract Manager or designee. When possible, emergency testing shall be performed during standard business hours as specified herein. The State may, at its discretion, allow access to the facility during non-standard business hours when necessary. Any emergency testing service provided shall be completed on the same working day unless written notification of delay is submitted to the CalVet Contract Manager. Charges incurred as a result of these tests shall be billed under the Emergency Service Repair Rates as described in Exhibit B-1 Rate Sheet.

13. SAMPLING SUPPLIES

Sample collection containers, preservatives, shipping containers, labels, custody seals, chain-of-custody forms, and other routine sampling supplies necessary to perform the required testing shall be included in the applicable service rate and shall not be separately reimbursable.

14. DOCUMENTATION AND HANDLING OF SAMPLES

The Contractor shall provide and use labels and chain-of-custody forms as standard procedure. The labels and forms shall provide and identify space for entry of the following information:

A. Labels

1) Site or project name,

2) Sample identification number,

3) Sampler’s initials,

4) Sample matrix,

5) Date and time samples were collected, and

6) Preservative(s) used

B. Chain-of-Custody Forms

1) Site or project name,

2) The sampler’s name and telephone number,

3) Sample identification number,

4) Date and time sample collected,

5) Number and type of containers,

6) Preservative(s) used,

7) Type of sample,

8) Analysis required,

9) Turnaround time requested,

10) Reserve space for additional information,

11) Date and time sample relinquished and received,

12) Space for relinquishing and receiving a person’s signature, and

13) Chlorine Residuals

C. Bacteriological analysis samples shall be collected utilizing appropriate sample collection procedures.

D. The laboratory conducting the analysis shall be certified as mentioned herein

15. CUSTODY

The Contractor must institute procedural safeguards to ensure exclusive custody and safekeeping of all samples and designate individuals responsible for the custody of such samples.

16. DISPOSAL OF SAMPLES

The Contractor shall be responsible for the appropriate disposal of all samples when the analyses are completed. All samples must be stored by the Contractor for at least three (3) months following the provision of analytical results to the Department of Water Resources (DWR) or may be disposed of sooner if verbal authorization has been obtained from the DWR Representative or designee. Verbal authorization must be logged for documentation purposes. The Contractor and/or lab will ensure all samples are disposed of according to local, state, and federal regulations.

Disposal of samples shall be included at rates described in Exhibit B-1 Rate Sheet under Semi-annual Water Treatment and Analysis, Semi-annual Biological Drinking Water Analysis, or Semi-annual Legionella Control Program, depending on the service being performed when the sample was collected.

17. LABORATORY PROCEDURES

Analyses and determinations must be performed by qualified personnel in accordance with the current approved test procedures described by the California State Water Resources Control Board – Division of Drinking Water (SWRCBDDW), and in the California Code of Regulations (CCR), Title 22, Chapter 15, Sections 64422, 64423, and 64424

A. A system inspection as required by this agreement shall be in compliance with Local, State, and Federal Occupational Safety and Health Administration (OSHA) Regulations and California Code of Regulations (CCR) Title 19. All services performed by the Contractor must be performed by a certified technician.

B. The Contractor shall conform to the latest requirements of federal, state, city, and county regulations.

The Contractor is responsible for compliance with all applicable laws, codes, rules, and regulations in connection with work performed under this Agreement. All services provided by the Contractor shall conform to all applicable city, county, state, and federal laws, ordinances, regulations, guidelines, pamphlets, circulation letters, or any other applicable directive. This includes, but is not limited to, Title 17 and Title 22 of the California Code of Regulations. Any services performed by the Contractor will be inspected by the State after completion. The State is solely responsible for determining the acceptability of the work performed.

C. Laboratory services shall be included at rates described in Exhibit B-1 Rate Sheet under Monthly Water

Treatment and Analysis, or Semi-annual Legionella Control Program, depending on the service being performed when the laboratory analysis was requested.

18. RECOMMENDATIONS FOR FILTRATION EQUIPMENT, DISINFECTION SYSTEMS, OR OTHER

TREATMENT

The Contractor recommendations shall be advisory only and shall not authorize the purchase, installation, or implementation of additional equipment or services outside the scope of this Agreement. Any additional goods or services shall be procured by CalVet in accordance with applicable State contracting requirements.

19. WORK AREA

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

20. WORKMANSHIP AND MATERIALS

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. The Contractor is responsible for compliance with all applicable laws, codes, rules, and regulations in 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 the acceptability of the work performed and the operability of the equipment.

21. 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 employees (s) of the Home and shall not be entitled to any employee benefits from 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. Workers’ Compensation, and

5. Other employee benefits.

22. CONTACT INFORMATION

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

1. CalVet Representative/Contract Manager/Chief of Plant Operations Veterans Home of California – Redding Contract Manager: TBD 3400 Knighten Road.

Redding, CA. 96002 Phone: TBD Email: TBD

2. Contractor Representative:

Contractor: 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.

23. AMENDMENT OPTION

CalVet may execute amendments to extend term of Agreement and/or add funding if statute supporting the original award also supports the amendment. The amendment is at the sole discretion of the State and the rates noted in Exhibit B-1 would remain in effect for the term of the contract including the amendment. No amendment or variation of the terms of the Agreement shall be valid unless made in writing and agreed upon by both parties and approved by DGS (if applicable).

Exhibit B - Budget Detail and Payment Provisions Contractor Name: TBD

1. STANDARD BUDGET DETAIL AND PAYMENT PROVISIONS

A. Invoicing and Payment

1. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for services rendered in accordance with the rates in Exhibit B-1.

2. Invoices shall include the Agreement Number and shall be submitted in not more frequently than monthly in arrears to:

Original Invoice Approval Copy Department of Veterans Affairs CalVet Accounting Office 1227 “O” Street Room 402 Sacramento, CA 95814 APInvoices@calvet.ca.gov

Veterans Home of California – Redding Attn: TBD 3400 Knighton Rd. Redding Redding, CA. 96002

B. Budget Contingency Clause

1. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further form and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount.

C. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code, Chapter 4.5, commencing with Section 927.

2. SPECIAL BUDGET DETAIL AND PAYMENT PROVISIONS

Submissions of Invoices/Claims

A. All invoices/claims must be completed thoroughly and legibly, with all applicable fields completed.

Invoices/claims that are submitted to the appropriate location but have been altered, or are inaccurate, or do not provide all necessary information will not be accepted and will be returned to the Contractor for correction.

B. Any changes to this provision relating to the invoice/claim submittal process, including but not limited to an address, form, or process change, shall be an administrative change managed through the appropriate designated CalVet office and shall not require a contract amendment.

C. Contractor shall submit monthly invoices to the CalVet Contract Manager for approval and processing.

Invoices/claims submitted shall include the following information in order to be considered complete and acceptable for processing, or the invoice/claim will be returned:

1) Contractor’s Company name exactly as it appears on the Payee Data Record (STD.204)

2) Contractor’s Company address, phone number and e-mail

3) Date of invoice/claim

4) Invoice/claim number

5) CalVet location where services were performed

Exhibit B - Budget Detail and Payment Provisions Contractor Name: TBD

6) Contract/Agreement Number

7) Date(s) of Service

8) Total dollar amount being billed

9) First and Last name of Contractor or Provider performing services, if applicable

10) Contractor’s or Provider’s Classification, whichever is applicable

11) Contractor’s final invoice must be clearly marked as “Final Invoice”

12) When applicable, Contractors shall include the following information on the invoice/claim submitted for hourly reimbursement:

a) Hourly Rate

b) Time in and time out

c) Total hours worked

d) Any other information or documentation reasonably required to verify and substantiate the provision of services and the charges for such services.

3. CONTRACTOR OVERPAYMENTS

A. If the State determines that an overpayment has been made to the Contractor, the State will seek recovery immediately upon discovery of the overpayment by: (a) calling the Contractor’s accounting office to request a refund of the overpayment amount, or (b) offsetting subsequent Contractor payments by the amount of the overpayment if Contractor repayment or credit is not received within thirty (30) days from the date of notice.

B. If Contractor discovers it has received an overpayment, Contractor must notify the State and refund the overpayment immediately.

4. DVBE Withhold

A. For contracts with DVBE subcontractors pursuant to Mil. & Vet. Code Section 999.7, ten thousand dollars ($10,000) will be withheld from the final payment, or the full final payment if less than ten thousand dollars ($10,000), until the prime contractor complies with the certification requirements of subdivision (d) of Mil.

& Vet. Code Section 999.5. Prime contractor shall be given 30 days’ notice to cure the defect. If, after 30 calendar days from the date of notice, the prime contractor refuses to comply with the certification requirements, CalVet shall permanently deduct ten thousand dollars ($10,000) from the final payment, or the full payment if less than ten thousand dollars ($10,000).

B. CalVet shall maintain all records of the information provided by the prime contractor pursuant to Section

999.5 and shall establish appropriate review procedures for those records to ensure the accuracy and completeness of the award amounts and paid amounts reported. The records shall be maintained in a manner that facilitates access and review by external auditors. Records collected pursuant to this section shall be retained for a minimum of six years after collection. (Mil. & Vet. Code Section 999.55)

Exhibit B-1, Rate Sheet Contractor Name: TBD

RATE SHEET

The Contractor must be able to provide services listed below. Subcontractors may be used to comply with this requirement. Subcontractor(s) information must be identified on the Bidder Declaration (GSPD-05-105). If additional Subcontractors are added during the term of the Agreement, an updated GSPD-05-105 must be submitted.

The rates listed below are in effect for the term of the Agreement, including any extension of the term through an amendment.

Description of Service Unit Cost

A. Preventative Maintenance and Quarterly Water Treatment and Analysis

Description of Service Rate Per Service / Unit

B. Semi-Annually Biological Drinking Water/Coliform Analysis

C. Semi-Annually Legionella Control Program

D. Annual Cooling Tower Treatment

Description of Service Hourly Rate

E. Emergency Repair Service - Business Hours Monday - Friday, 8:30am to 4:30pm

F. Emergency Repair Service - Non -Business Hours Monday - Friday, 4:31pm to 8:29 am

G. Parts and Chemical Allowance $30,000.00

Exhibit C - General Terms and Conditions Contractor Name: TBD

1. General Terms and Conditions

A. General Terms and Conditions (GTCs)

The (GTCs) are hereby incorporated by reference and made part of this Agreement as if attached.

hereto. These documents may also be viewed at the California Department of General Services website: https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225- February-2025.pdf

Exhibit D – Special Terms and Conditions Contractor Name: TBD

1. EXCISE TAX

The State of California is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Contract. California may pay any applicable sales or use tax imposed by another state.

2. STATUTORY AND REGULATORY PROVISIONS

A. This Contract shall be governed and construed in accordance with all applicable statutory and regulatory provisions including, but not limited to:

1) Title XVIII of the Federal Social Security Act

2) Title XIX of the Federal Social Security Act

3) Chapters 7 and 8 (commencing with Section 14000), Part 3, Division 9, Welfare and Institutions Code

4) Division 3, Title 22, California Code of Regulations (CCR)

5) Health and Safety Code Section 1340 et seq.

6) All applicable Federal provisions which regulate the administration of health care programs and budget revisions, as contained in the Code of Federal Regulations (CFR), Title 42, and Title 45, Part 74, Title 42 United States Code, Sections 1395 et seq. and 1396 et seq.

7) Sub-chapter 13 (commencing with Section 6800), Chapter 4, Part 1, Title 17, CCR; and

8) All other applicable laws and regulations.

B. Any provision of this Contract in conflict with the applicable laws and regulations is hereby amended to conform to the provisions of those laws and regulations. Such amendment of the Contract shall be effective on the effective date of the statutes or regulations necessitating it, and shall be binding on the parties even though the amendment may not have been reduced to writing and formally agreed upon and executed by the parties. If, due to amendment in laws of regulations, Contractor is unable or unwilling to comply with the provisions of the amendment(s), State or Contractor may terminate this Contract in accordance with the Termination provision of this Contract.

3. EXAMINATION AND AUDIT

A. Contractor shall allow the State and its related entities, the Comptroller General of the United States, Department of Justice (DOJ), and the Bureau of Medi-Cal Fraud, or their duly authorized representatives, to inspect or otherwise evaluate the quality, appropriateness, and timeliness of services performed under this Contract, and to inspect, evaluate, and audit any and all books, records, and facilities maintained by the Contractor and Subcontractors pertaining to services under this Contract at any time during normal business hours.

B. Contractor shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under this Contract in accordance with Government Code, Section 85467.7. The examination and audit shall be confined to those matters directly connected with the performance of the contract, including, but not limited to, the costs of administering the Contract.

C. Books and records include, but are not limited to, all physical records originated or prepared pursuant to the performance under this Contract, including working papers, reports, financial records, and books of account, Medical Records, prescriptions files, Subcontracts, and any other documentation pertaining to medical and non-medical services for residents of the Home. Upon request, at any time during the term of this Contract, the Contractor shall furnish any record or copy.

4. RESOLUTION OF DISPUTES

A. The Contractor may dispute and appeal a decision or action by the State arising out of the Interpretation or administration of this Contract. A written dispute notice shall be submitted to the Contract Manager within thirty (30) calendar days from the date the Contractor receives notice of the decision or action in dispute.

The Contractor’s dispute notice shall state the following, based on the most accurate information available to the Contractor:

1) That it is a dispute pursuant to this Section.

2) The date, nature, and circumstances of the conduct, which is the subject of dispute.

3) The names, telephone numbers, function, and activity of each contractor, subcontractor, State official, or employee involved in or knowledgeable about the conduct.

4) The identification of any documents and the substance of any oral communications involved in the conduct. Copies of all identified documents shall be attached.

5) The reason why the Contractor is disputing the conduct.

6) The cost impact to the Contractor directly attributable to the alleged conduct, if any.

7) The Contractor’s desired remedy.

B. The State and the Contractor agree to try to resolve all contractual issues by negotiation and mutual agreement at the Contract Manager level. The parties recognize that the implementation of this policy depends on open-mindedness, and the need for both sides to present adequate supporting information on matters in question. The Contract Manager, in a written decision stating the factual basis for the decision, will decide any disputes concerning performance of this Contract. Before issuance of the Contract Manager’s decision, informal discussions between the parties by the individuals who have not participated substantially in the matter in dispute will be considered by the parties in efforts to reach mutual agreement.

C. The Contract Manager will render a decision or request additional substantiating documentation from the

Contractor within thirty (30) days of receipt of the Contractor’s appeal. A copy of the decision will be provided to the Contractor. The decision shall be final and conclusive unless, within thirty (30) days from the date of the decision, the Contractor files a written appeal addressed to the Undersecretary, California Department of Veterans Affairs.

D. The Undersecretary’s decision shall be final and conclusive unless the decision is arbitrary, capricious, grossly erroneous or if any determination of fact is unsupported by substantiating evidence. The Undersecretary’s decision will be in writing and may encompass facts, interpretations of the Contract, and determination or application of law. The Contractor may, prior to the Undersecretary’s decision, present oral or documentary evidence, and arguments in support of the Contractor’s appeal. The decision will either:

1) Find in favor of the Contractor, in which case the Undersecretary may:

a) Countermand the earlier conduct which caused the Contractor to file a dispute; or

b) Reaffirm the conduct and, if there is a cost impact sufficient to constitute a change in obligations pursuant to the payment provisions, direct the State to comply with that Section.

2) Deny the Contractor’s dispute and, where necessary, direct the manner of future performance; or

3) Request additional substantiating documentation in the event the information in the Contractor’s dispute or appeal is inadequate to permit a decision to be made under paragraphs (1) or (2) above, advise the Contractor as to what additional information is required, and establish how that information will be furnished. The Contractor shall have thirty (30) days to respond to the Undersecretary’s request for further information. Upon receipt of this additional requested information, the

Undersecretary will have thirty (30) days to respond with a decision. Failure to supply additional information required by the Undersecretary within the time period specified above shall constitute waiver by the Contractor of all claims.

E. Attorney’s fees and costs for any dispute or subsequent trial shall be borne by the respective parties.

Both parties waive trial by jury, and any trial in superior or municipal court shall be by a judge alone.