Att.1_Exhibit_C_-_Admin_Requirements.docx

Purchase Order 3790-XXXXX Attachment 1 – Exhibit C

EXHBIT C – ADMINISTRATIVE REQUIREMENTS

The Administrative Requirements set forth herein establish the obligations, performance standards, and compliance conditions governing the Contractor’s provision of goods and services associated with the manufacture and deployment of floating restrooms for the California Department of Parks and Recreation Division of Boating and Waterways (hereinafter referred to as DPR).

DESIGNATED ROLES AND RESPONSIBILITIES

For the purposes of this contract, and in compliance with federal reporting requirements of the Clean Vessel Act (CVA) grant, the following roles are identified to ensure clear assignment of responsibilities throughout the project:

A. Contractor is the individual or firm engaged under this Purchase Order to fabricate the floating restroom(s) as specified in the approved plans and technical specifications.

B. Grant Administrator is the individual designated by the DPR to oversee, coordinate, and administer all aspects of the construction contract on behalf of the Department, including responsibilities associated with federal CVA grant reporting.

C. Engineer is the individual appointed by DPR who is responsible for administering the construction contract, inspecting the work, and providing final acceptance of the completed restrooms upon delivery, consistent with CVA grant reporting and documentation requirements.

INSPECTION AND ACCESS

A. Contractor communicates any required procedures to the State no less than 48 hours prior to the facility access.

B. Contractor provides safe and reasonable access to all areas where work is being performed, including partially completed work, and furnishes reasonable assistance, including escorts when required, to facilitate inspections by State representatives without disrupting operations.

DELIVERY CONDITIONS

A. Delivery and placement of the floating restroom in the designated lake must be completed in compliance with the Purchase Order Term specified in this Purchase Order.

B. Pre‑Delivery Coordination

1. Encompass, including but not limited to, coordinating and arranging all transportation logistics, with the Grant Administrator and shall provide a minimum notice period of one week to schedule the delivery date, time, and access requirements.

2. Securing required permits and documentation.

3. When the delivery timeline cannot be met, the Contractor is required to notify DPR immediately and submit an extension request through Attachment 5 – Work Authorization Form that includes a clear explanation for the delay. No work may proceed until DPR issues written approval. Upon approval, the Work Authorization Form is incorporated into the Contract and does not require a Purchase Order Change or amendment.

4. If unforeseen circumstances prevent the scheduled delivery, the Contractor shall hold the floating restroom at no cost to the State until all delivery conditions are met.

5. Delivery shall occur in accordance with the delivery details provided by the Grant Administrator as follows:

a. Floating Restroom (FFR) Number unit numbers identified

b. Designated location

c. During the hours established by the State, unless otherwise authorized in writing.

Oroville, CA 95966

Lake Elsinore, CA 92530

Redding, CA 96003

Lakeside, CA 92040

Dobbins, CA 95935

C. Delivery and Deployment

1. Provide a qualified, factory‑authorized service representative at the delivery site to perform all required adjustments to the floating restroom unit and to instruct designated personnel in the proper operation, handling, and maintenance of the unit and any supplied optional accessories

2. All labor, materials, tools, equipment, and any required safety devices necessary for the delivery and unloading of the floating restrooms shall be furnished.

3. Full responsibility for ensuring public safety throughout the final delivery process shall be maintained.

4. Delivery locations may change during the course of the contract. No additional costs will be allowed for delivery to alternate locations.

5. Upon delivery of the floating restroom, remove all packaging and miscellaneous materials from the site and dispose of them at the Contractor’s sole expense.

6. Any damage associated with the transportation or delivery of the floating restroom between lake location and the Contractor’s location shall be repaired or replaced at no cost to the State.

NOTICE OF NON-ACCEPTANCE AND REQUIRED CORRECTIONS

A. Upon determining that a floating restroom is non‑compliant with Purchase Order requirement, the DPR shall issue written notification to the Contractor identifying the deficiencies and formally rejecting the unit.

B. Following written notification from DPR identifying non‑compliant or defective work, the Contractor shall initiate and diligently pursue all required corrective actions within 10 calendar days to satisfy the terms of this guarantee.

C. All corrective work shall be completed within a timeframe not to exceed 30 calendar days, unless extended in writing by the DPR. If the Contractor fails to initiate or complete the required corrective actions, the local operating grantee on behalf of DPR may have the work performed at the Contractor expense, and the Contractor shall reimburse all associated costs upon demand, including reasonable attorney’s fees

D. Failure to complete all required corrections within 30 calendar days constitutes a material breach and will result in rejection of the floating restroom and cancellation of the Purchase Order at no cost to the State, including all shipping, construction, and related expenses incurred as of the date of rejection.

E. Transportation required to return a rejected floating restroom to the designated repair facility and to return it to designated lake location will be at the Contractor’s expense.

WARRANTY

A. Warranty‑related responsibilities and required corrective actions under this Purchase Order shall include, but not be limited to, the following:

1. Unconditionally guarantees that all work shall be performed in full compliance with the requirements of this Purchase Order.

2. Repair or replace, at no cost to the State or any Agency receiving and operating the Floating Restrooms, any work—including any adjacent work damaged or displaced during such corrective actions—that is found to be non‑compliant with Purchase Order requirements or defective in workmanship or materials during the applicable guarantee period, excluding ordinary wear and tear and damage resulting from unusual abuse or neglect.

PAYMENT

A. This project is funded by federal CVA award, and all infrastructure projects funded by the federal government are now subject to the Build America Buy America Act (BABA). This project will require that Contractor certify compliance with the provisions below:

1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States,

2. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation, and,

3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

A. Waivers from this provision can be requested for non-availability of the needed materials or if compliance will increase the cost of a project by more than 25 percent. More detailed information on the BABA can be found here: www.doi.gov/grants/BuyAmerica.

B. Payment for each floating restroom will be issued to the Contractor upon successful delivery and final inspection, approval, and acceptance by the Engineer or designee of the restroom in the water.

C. All invoices associated with this Contract shall be formally prepared and submitted to the following address:

California Department of Parks and Recreation Division of Boating and Waterways Attention: Ethan Tratner PO Box 942896 Sacramento, CA 94296

UNANTICIPATED TASKS.

The State will reserve an amount equal to ten percent (10%) of the bid amount, which represents the maximum amount available after Purchase Order award for unanticipated tasks, including but not limited to enhancements that provide additional functionality to the specifications, necessary components, labor, or other items determined by both parties to be required to complete the requirements of this Agreement.

A. Unanticipated Tasks

1. A Work Authorization Form is required for all Unanticipated Tasks and must be submitted to DPR for review. Work may not proceed until the form is approved and signed by the Contractor’s designated representative and the State’s designated representative. Each Work Authorization Form shall include:

a. A detailed description of the work to be performed.

b. An estimated schedule for completion.

c. The Contractor’s itemized and total one‑time and ongoing costs, or cost reductions, associated with the work.

2. Once signed by both parties, the Work Authorization is incorporated into the Purchase Order. Any Unanticipated Task that results in a price change will require a Purchase Order Amendment. Approved work will be charged against the allowance established for unanticipated tasks.

PURCHASE ORDER TERM

All work and associated deliveries under this scope must be fully completed within one (1) year from the date of Purchase Order execution. The one‑year period applies solely to the delivery of the floating restroom in the quantity identified in the Cost Worksheet, and does not apply to any warranty obligations, future repairs, or other service‑related activities.

PURCHASE ORDER REPRESENTATIVES

Any changes in the Contractor’s project manager must be immediately reported in writing to DPR. The State reserves the right to identify a DPR designated representative in the absence of the DPR contract manager or designated representative.

A. PURCHASE ORDER PROJECT MANAGER

TRAVEL

All travel‑related expenses are the Contractor’s responsibility and must be included in the contract pricing, as no separate reimbursement will be provided under this Agreement.

MEDIA

Unconditionally grant to DPR its employees, officers, agents, and assigns the non-exclusive, royalty-free, perpetual and worldwide right and permission to use, reproduce, publish, copy, distribute, alter, license, adapt, and display the photographs that the Contractor submits to Division of Boating and Waterways.