97-32C_UI_Supp._9.docx

Department of General Services Procurement Division 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

Contract (Mandatory) 1-21-97-32C Contract User Instructions, *Supplement 9*

Page 12 *06/24/2025* State of California

STATEWIDE CONTRACT

USER INSTRUCTIONS

All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks, *, and deletions are enclosed in brackets, [].

MANDATORY

*Supplement 9* *(Incorporates Supplements 1-9)*

The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:

Non-IT General Provisions, rev 06/08/2010 Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Contractor

Mailing Address:

Zumar Industries Inc.

9719 Santa Fe Springs Rd. Santa Fe Springs, CA 90670 Fax/Email:

Fax: (562) 941-4643 Email: Caltrans@zumar.com Contact Information:

Zumar Industries Inc.

Ben Lemcke Phone: (562) 941-4633 Email: Ben@zumar.com

Contractor Website: www.zumar.com

Caltrans (Caltrans districts shall direct their questions and concerns to the Caltrans Division of Procurement and Contracts (DPAC) contacts below )

robert.jacoby@dot.ca.gov

(279) 234-2346 Gregory Miller gregory.miller@dot.ca.gov

(279) 234-2404

All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

SUMMARY OF CHANGES

· Section 2-A – Contract Usage/Rules – Updated* *06/24/2025*

· Section 2-B – Ranked Contract Rules – Updated 03/13/2025

· Attachment B – Special Provisions – Updated

· Section 2-B – Ranked Contract Rules – Updated

· Section 7 – Specifications – Updated

· Section 37 – Attachments - Updated 12/06/2024

· Cover Page: Extend Contract Term.

· Attachment A1 – Contract Pricing – Adjust Price.

10/28/2024

· Cover page and Article 24: Change State Contract Administrator.

· Article 35: Update language.

· Article 36: Add GenAI language.

7/30/2024

· Front page: Add DPAC contacts.

· Article 2: Update group ranking information.

· Article 4: Add additional DPAC contact information.

4/9/2024

· Cover Page: Extend contract term.

· Cover page and Article 24: Change State Contract Administrator.

7/26/2023

· Attachment A1 – Primary Contract Pricing: Adjust Price.

7/18/2022

· Article 12: Update language.

· Article 36: Update document name.

· Attachment A1 – Primary Contract Pricing: Add Premium Protective Overlay Film.

9/10/2021

7/24/2021

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with Zumar Industries (Contractor) provides Roadway Signs at contracted pricing to the California Department of Transportation (Caltrans) in accordance with the requirements of Contract # 1-21-97-32C. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Roadway Signs to the State.

The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.

CONTRACT USAGE/RULES

State Departments

· *The use of this contract is mandatory for Caltrans only after a waiver is issued by the California Prison Industry Authority (CALPIA).*

· Caltrans must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g., California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual (SCM) Volume 2, as applicable.

· Prior to placing orders against this contract, State Departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at pams@dgs.ca.gov.

· Caltrans must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

Ranked Contract Rules Not applicable to Group 3. The Contractor Ranking Orders are:

Group 1 - Framed, Formed and Standard Signs

Group 2 – Overhead Signs

Group 2A – Laminated Signs

Group 3 – Warehouse Standard Signs

Local Governmental Agencies This contract is not available to local governmental agencies.

DGS ADMINISTRATIVE FEES

1. Caltrans The DGS will bill Caltrans an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (go to Price Book Download and click on Purchasing under Procurement Division).

Local Governmental Agencies This contract is not available to local governmental agencies.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE

Caltrans and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. Caltrans should include all relevant information and/or documentation (e.g., purchase documents).

Caltrans districts shall submit all supplier performance issues to Caltrans, DPAC. DPAC will contact the State Contract Administrator for additional assistance with resolution.

CONTRACT ITEMS

Only the items that are listed in Attachment A1 – Contract Pricing available for purchase under this contract.

Group 3 – Warehouse Standard Signs

SPECIFICATIONS

Signs shall be produced in compliance with standard sign specifications, plans, details, and special provisions as set forth under Attachment B, Special Provisions. Supplement 7.

Each referenced sign designation identifies a Federal Highway Administration Federal Manual on Uniform Traffic Control Devices (FHWA MUTCD) or California Manual on Uniform Traffic Control Devices (CA MUTCD | Caltrans) standard sign specification. MUTCD sign specifications provide additional details not shown elsewhere in these Contract User Instructions. Signs shall comply with the MUTCD specifications that were in effect May 27, 2021, and are considered a part of the contract, unless notified of a change by the State.

The Contractor shall produce signs from FHWA MUTCD sign specifications when the FHWA MUTCD sign designation is referenced. California sign designations are referenced when there is no corresponding FHWA MUTCD sign designation for a particular sign. The Contractor shall produce signs from California sign specifications when California sign designations are referenced. Information about where to obtain FHWA MUTCD and California sign specifications is contained in Attachment B, Special Provisions.

Any new sign and/or sign specification changes must go through the California Traffic Control Devices Committee. As a result, some standard sign specifications may be revised during the contract period. Any new sign and/or sign specification changes approved by the California Traffic Control Devices Committee, shall be priced in accordance with the closest corresponding line item as determined by the sign specifications.

If a dimensional change is made in the drawing for a line item, the sign will be considered a non-standard sign for the remainder of this contract. If the sign designation changes, but a dimensional change has not been made in the drawing for a line item, the sign will be considered a standard sign for the remainder of this contract.

Some standard sign specifications may specify non-reflective or opaque background but shall be considered as having retroreflective background for purposes of this contract and no revision of the sign specification will be necessary.

CAUTION: U.S. Customary units are used in this contract. However, referenced manuals and/or other appurtenant documents could contain Metric only units or dual units (i.e., Metric and U.S. Customary).

CUSTOMER SERVICE

The Contractor will have a customer service unit that is dedicated to this contract. The customer service unit provides office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.

The customer service unit shall be staffed with individuals that:

· Are trained in the requirements of this contract.

· Have the authority to take administrative action to correct problems that may occur; and

· Are designated for training and general customer service follow-up.

The Contractor’s customer service unit shall respond to all customer inquiries within one (1) business day of initial contact.

PRODUCT SUBSTITUTIONS

Product substitution shall be in accordance with the General Provisions (rev 06/08/10), Article 16 entitled “Substitutions”.

PROMOTIONAL PRICING

During special pricing promotions, the Contractor shall offer Caltrans the promotional pricing or the discount percentage off list, whichever is lower.

The Contractor shall notify the State Contract Administrator of all promotional pricing changes. Notification shall include at a minimum:

· Promotion start and end dates

· Models, products, and services included in the promotion.

· Promotional pricing

Promotional pricing shall not be cause for a permanent change in pricing. Promotional pricing shall not be cause for Contractor refresh.

Promotional items shall come with all benefits of the statewide contract terms and conditions and shall include all provisions such as warranty and delivery.

PURCHASE EXECUTION

1. State Departments Std. 65 Purchase Documents State Departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (select STD Forms).

All Purchasing Authority Purchase Orders (Std. 65) must contain the following:

· Caltrans Order Number (Purchase Order Number)

· Caltrans District Number

· Caltrans Billing Code

· Purchasing Authority Number

· Leveraged Procurement Number (Contract Number)

· Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)

· Line-Item number

· Quantity

· Unit of Measure

· Commodity Code Number

· Product Description

· Unit Price

· Extension Price

· Standard Designated Signs for each standard sign designation (No sketch will be furnished for standard designated signs)

· Sign Size

· Color and type of retroflective sheeting for background and legend.

Blanket Orders The use of blanket purchase orders against this statewide contract is not allowed.

Local Governmental Agencies This contract is not available to local governmental agencies.

MINIMUM ORDER

There is no minimum order for this contract.

CONTRACTOR RANKING ORDER

Zumar Inustries Inc. is the only Contractor for Group 3 – Warehouse Standard Signs and the Contractor Ranking Order does not apply.

Group 3 – Warehouse Standard Signs

If the Contractor is unable to meet the specified delivery time frame, is in arrears, or cannot fulfill the order in its entirety, Caltrans shall contact the State Contract Administrator and request to fulfill the order outside of the contract. Caltrans shall not purchase signs outside of the contract without the State Contract Administrator approval.

ORDERING PROCEDURE

State agencies shall submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:

· U.S. Mail

· Facsimile

· Email

The Contractor’s Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION

U.S. Mail:

Zumar Industries Inc.

9719 Santa Fe Springs Rd.

Santa Fe Springs, CA 90670 Facsimile:

(562) 941-4643 Email:

Caltrans@zumar.com

Standard Sign Order or Sign-Installation Order pricing shall be provided at no additional cost to the State. Pricing, when requested under this provision, shall be returned by e-mail (or facsimile) directly to Caltrans and a copy to the Sign Coordinator within four (4) calendar days for standard designated signs and eight (8) calendar days for un-designated or custom signs. When pricing is requested for five (5) day or twenty-one (21) day emergency delivery signs, regardless of type, pricing shall be completed within three (3) calendar days.

The Contractor must e-mail a priced sign installation order to the Sign Coordinator from the applicable Caltrans District (1-12 and 16 (HQ Warehouse)).

At the State’s option, validation of pricing may be done by the State.

ORDER ACCEPTANCE

The Contractor shall accept orders from Caltrans. The Contractor shall not accept purchase documents for this contract that:

· Are incomplete.

· Are submitted without Caltrans and State Contract Administrator approval for Rank 2 orders.

· Contain non-contract items.

· Contain non-contract terms and conditions.

The Contractor must not refuse to accept orders from Caltrans for any other reason without written authorization from the State Contract Administrator.

ORDER RECEIPT CONFIRMATION

The Contractor will provide Caltrans with an email or facsimile order receipt confirmation within forty-eight (48) hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information:

· Ordering agency name

· Caltrans order number (purchase order number)

· Purchase order total cost

· Anticipated delivery date

· Shipping company

· 24-hour dispatch telephone number of shipping company

· Contact name at shipping company

OUT OF STOCK REMEDY

Upon receipt of an order acknowledgment identifying out of stock items, Caltrans shall have the following options:

· Request a back order.

· Cancel the item from the order with no penalty.

The Contractor will provide notification to Caltrans regarding out-of-stock items which have been back ordered.

Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products.

DELIVERY SCHEDULES

Delivery for orders placed against the contracts resulting from this solicitation shall be in accordance with the following:

A. Locations Deliveries are to be made Statewide to the location specified on the individual purchase order, which may include, but not limited to worksites, inside warehouses, receiving docks and Point-of-Use locations.

The Contractor must confirm that Caltrans received the signs for orders marked “POINT-OF-USE DELIVERY.” These shipments are to locations that normally do not receive signs and special monitoring is necessary to ensure completion of receiving documents. Upon request, the Contractor must provide documentation confirming Caltrans received the signs for a “POINT-OF-USE DELIVERY.”

B. Schedule Delivery of Group 3, Warehouse Signs, shall be completed in full within forty-five (45) calendar days ARO. For orders exceeding 3,500 signs, the ARO may be extended upon agreement between the Contractor and the designated Caltrans representative. Partial deliveries may be accepted upon mutual agreement between the Contractor and the designated Caltrans representative.

In the event any orders are not completed and delivered within the specified timeframes, the order will be subject to Section 19, Liquidated Damages, and/or contract termination in accordance with Non-IT General Provisions (rev. 06/08/2010) Section 2, Termination for Default.

Since receiving hours will vary by facility, it is the Contractor’s responsibility to check with each facility for their specific delivery hours before delivery occurs. The Contractor shall notify the receiver at least three (3) calendar days prior to the anticipated delivery date. The Contractor shall contact the Sign Installation Coordinator/Requestor and the receiver shown on the purchase order to arrange for delivery, including availability of appropriate equipment and personnel at the receiving location necessary for unloading signs. After the order is shipped, the Contractor shall send verification of shipment (by email) to the district Sign Coordinator, the Receiver at the receiving location, and any other personnel identified on the P.O.

The Contractor must notify Caltrans within two (2) calendar days prior to scheduled delivery time if delivery cannot be made within the time frame specified on the Order Confirmation.

The Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM.

D. Returns Damaged, defective, or non-compliant signs will not be accepted at the receiving location. The State will notify the Contractor of the damaged, defective, or non-compliant signs within fifteen (15) calendar days of delivery. The Contractor will be required to pick up and replace damaged, defective, or non-compliant signs within (10) calendar days of such notification. Returns that are not picked up within (10) calendar days from such notification will incur charges of $35 per day, per pallet.

After being returned to the Contractor’s sign manufacturing facility, the Contractor shall replace or correct returned signs in a manner acceptable to the State within: three (3) calendar days for signs originally ordered as Super Emergency Five (5) Calendar Day Delivery; three (3) calendar days for signs originally ordered as Emergency Twenty-One (21) Calendar Day Delivery; and fourteen (14) calendar days for signs subject to forty-five (45) and sixty (60) calendar day delivery schedule.

The State will not pay the emergency surcharge for returned signs. Returned signs are subject to Liquidated Damages and/or may commence contract default proceedings as specified in Section 19, Liquidated Damages. The State is not subject to a restocking fee.

In accordance with Non-IT General Provisions (rev 06/08/2010), section 15 entitled “Delivery”, the Contractor shall strictly adhere to the delivery terms and completion schedule as specified in this contract. Failure to comply with the delivery requirements, as stated, may be considered a breach of contract, and subject the Contractor to Non-IT General Provisions (rev 06/08/2010), section 26, entitled “Rights and Remedies of State for Default”.

If the Contractor is subject to Non-IT General Provisions (rev 06/08/2010), section 24, entitled “Termination for Default”, the State may contract with another vendor during the time frame stated in the cure notice if the items subject to the cure notice are needed prior to the Contractor’s expected cure date as issued by the State Contract Administrator.

EMERGENCY/EXPEDITED ORDERS

A. EMERGENCY TWENTY-ONE (21) DAY DELIVERY:

Orders marked “EMERGENCY TWENTY-ONE (21) DAY DELIVERY” shall be completed in full and delivered within twenty-one (21) calendar days ARO.

Each Emergency Twenty-One (21) Day Delivery order will be limited to ten (10) or fewer signs of various types per request.

A Contractor’s surcharge of 10 percent may be added to the net cost of signs for all Emergency Twenty-One (21) Day Delivery orders.

Partial deliveries will not be accepted without prior Caltrans approval. If partial delivery is agreed between Caltrans and the Contractor, the Contractor shall notify Caltrans within fourteen (14) days ARO. If the Contractor fails to notify Caltrans within fourteen (14) days ARO, partial delivery will not be accepted.

B. SUPER EMERGENCY FIVE (5) DAY DELIVERY:

Orders marked “SUPER EMERGENCY FIVE (5) DAY DELIVERY” shall be completed in full and delivered within five (5) calendar days ARO.

Each Super Emergency Five (5) Day Delivery order will be limited to seven (7) or fewer signs of various types per order.

A Contractor’s surcharge of 15 percent may be added to the net cost of signs for all Super Emergency Five (5) Day Delivery orders.

Partial deliveries will not be accepted without prior Caltrans approval.

LIQUIDATED DAMAGES

In the event that any orders are not completed and shipped within the specified timeframes as set forth in this contract, it is agreed that a delay has occurred and that the order is subject to liquidated damages and/or may commence contract default proceedings (unless the delay is authorized by Caltrans or the Deputy Director, Department of General Services (DGS), Procurement Division (PD). Whereas it is impractical to ascertain and determine the damage sustained by the state in the event of (and by reason of) such delay, it is agreed that the contractor pay the State 5 percent of the price of each sign per calendar day for each and every calendar day that the work remains uncompleted or unacceptable to the State, provided total damages assessed against the contractor do not exceed 50 percent of the total value of the entire order.

FREE ON BOARD (F.O.B.) DESTINATION

All prices are F.O.B. destination; freight prepaid by the Contractor, to the Caltrans receiving point. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to Caltrans, except the responsibility for latent defects, fraud, and the warranty obligations.

ADVANCED SHIPPING NOTICE

The Contractor shall provide an Advanced Shipping Notice (ASN), either via email or facsimile, for every order as soon as the information below becomes available:

· Bill of Lading Number

· Shipping Company

· Shipping Company Contact Information

· Estimated Delivery Date

The ASN must be sent to the Sign Coordinator and the Requestor identified on the purchase order.

SHIPPED ORDERS

0. Packing and Shipment All shipments must comply with Non-IT General Provisions (rev 06/08/2010), section 12 entitled “Packing and Shipment.”

0. Packing List and Bill of Lading Callout At a minimum, the Caltrans district identifier, delivery address, number of packages and their weights, Standard Sign Order Number, Sign Installation Order Number, Caltrans Number (if provided by Caltrans) and Purchase Order number shall be shown on the packing list and bill of lading for all orders. All signs shall be stored and transported in conformance with Attachment B –Special Provisions of this contract.

0. Signs Twenty-Four Inches by Twenty-Four Inches (24” x 24“) or Smaller

1. Maximum pallet size in a van type truck shall be forty-eight inches by forty-eight inches (48” x 48”).

2. All twenty-four inches by twenty-four inches (24” x 24”) or smaller signs shall be shipped on pallets. The signs will be packed laying flat and positioned according to size. The largest sign will be placed at the bottom and the rest stacked consecutively by size with the smallest sign on top. All pallets shall be of a quality and construction to carry the weight and material loaded on the pallet, no exceptions. Loaded pallet weights shall not exceed 2,500 pounds. All shipments must be covered, and pallets and/or Contractor supplied crates shall be loaded inside the vehicle in such a manner as to facilitate safe unloading from the accessible direction of the vehicle using standard forklift equipment.

3. Total shipments of ten (10) signs or less may be shipped using Contractor supplied packaging suitable for the quantity, size and type of signs delivered to each location if authorized by the receiving location fourteen (14) calendar days prior to shipment.

0. Signs Larger than Twenty-Four Inches by Twenty-Four Inches (24” x 24”) but Smaller than Sixty Inches by Sixty Inches (60” x 60”)

1. All signs larger than twenty-four inches by twenty-four inches (24” x 24”) but smaller than sixty inches by sixty inches (60” x 60”) shall be shipped in Contractor supplied tier racks (“crates”). The signs will be positioned according to size. The largest sign will be at the bottom and the rest placed in the racks by size with the smallest on top. All crates shall be of a quality and construction to carry the weight and materials loaded in the crate, no exceptions. Loaded crate weights shall not exceed 2,500 pounds. All crates larger than twenty-four inches by twenty-four inches (24” x 24”) shall be loaded on a flatbed truck or similar vehicle in such a manner as to facilitate safe unloading from either side of the trailer using standard forklift equipment. If transporting on a flatbed truck, the crates must be physically covered to prevent exposure to the elements.

2. Total shipments of six (6) signs or less may be shipped using Contractor supplied packaging for the quantity, size and type of signs delivered to each location if authorized by the receiving location fourteen (14) calendar days prior to shipment.

0. Signs Sixty Inches by Sixty Inches (60” x 60”) and Larger All signs that are sixty inches by sixty inches (60” x 60”) and larger shall be shipped on pallets or in Contractor supplied tier racks (“crates”). The signs will be positioned according to size. The largest sign will be at the bottom and the rest placed by consecutive size with the smallest at the top. All pallets and/or crates shall be of a quality and construction to carry the weight and materials loaded, no exceptions. Loaded pallet and/or crate weights shall not exceed 2,500 pounds. All pallets and/or crates shall be suitable for the quantity, size and type of sign delivered to each location. This type of sign shall be delivered on a flatbed truck or similar vehicle to facilitate safe unloading by standard forklift equipment from either side of the truck at the delivery location. If transporting crates on a flatbed truck, the crates must be physically covered to prevent exposure to the elements.

0. Tier Racks (Crates) Delivery of signs in tier racks (“crates”) may be required. Each crate so requested and paid for will become the property of the State.

0. Warehouse Stock All signs shall be shipped vertically in Contractor supplied crates. Signs shall be securely strapped in a manner for safe transport and unloading, and in a manner that will not void any Contractor or Manufacturer warranties. If transporting on a flatbed truck, the crates must be physically covered to prevent exposure to the elements.

Signs ordered for warehouse stock (denoted by “PO. NO. 16…” using the PO number as listed on the STD. 65) shall be printed on a sheet of 8.5” x 11” paper, with bold type and a minimum of 48 font size, taped on all four (4) sides.. Signs thirty-six inches (36”) and smaller shall be taped in groups of five (5) each. Signs larger than thirty-six inches (36”) shall be taped in groups of three (3) each. A minimum of two-inch (2-inch) wide, white, pressure sensitive tape shall be used. All taped groups of signs shall be labeled with a two (2) inch by four (4) inch adhesive label indicating sign designation.

0. Hardware Hardware packages shall be clearly marked with either the Standard Sign Order or Sign/Installation Order and STD. 65 numbers on the outside of the packages.

0. Labeling Requirement A copy of all appurtenant Standard Sign Orders, Sign/Installation Orders, and STD. 65 shall be firmly and conspicuously affixed to the outside of each pallet or tier rack in a packet.

0. Rejection In the event signs are not shipped, packaged, packed, and marked as stated in the above provisions, Caltrans may reject said shipments at the discretion of the receiving Caltrans representative at no cost to Caltrans.

SAFETY DATA SHEET

The Contractor shall provide a Safety Data Sheet for products subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section.

CONTRACT ADMINISTRATION

Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.

Attn: Jamie Boes 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Zumar Industries Inc.

9719 Santa Fe Springs Rd.

Santa Fe Springs, CA 90670

RETURN POLICY

The Contractor will accept all products for return at no cost to Caltrans within thirty (30) calendar days of delivery and refund the customer in full.

Products returned should be in the packaging as delivered and include all documentation. Lost or damaged packaging materials and/or documentation shall be supplied by the Contractor. The Contractor shall not charge for these materials in excess of the Contractor’s cost or the 10 percent restocking fee, whichever is lower. The Contractor shall provide the State Contract Administrator and/or Caltrans a copy of the Contractor’s material cost, if requested, within ten (10) days of request.

All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile, or e-mail.

CREDIT POLICY

The Contractor shall offer a credit/refund for the following items:

· Items shipped in error.

· Items that are returned within thirty (30) calendar days of delivery.

· Defective or freight-damaged items

In all cases, Caltrans shall have the option of taking an exchange, receiving a credit, or receiving a refund.

The Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. The Contractor cannot require the Caltrans to deal directly with the manufacturer.

RECALL PROCEDURES

The Contractor shall provide recall notification, regardless of level, in writing to the State Contract Administrator and Caltrans through the most expedient method possible. The notices, at a minimum, shall include a complete product description and/or identification, contract number, delivery order number and disposition instructions. The Contractor shall issue replacement of product or credit for any product removed or recalled. Caltrans shall have the option of accepting either replacement product or credit in exchange for recalled/removed products.

RESTOCKING FEES

Caltrans is not subject to a restocking fee.

INVOICING

Invoices will contain the following information:

· Contractor’s name, address, and telephone number

· Leveraged Procurement Agreement Number (Contract Number)

· Caltrans order number (purchase order number)

· Item and commodity code number

· Quantity purchased.

· Contract price and extension

· State sales and/or use tax.

· Prompt payment discounts/cash discounts, if applicable

· Totals for each order

PAYMENT

1. Terms Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

CAL-Card Use Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

State Financial Marketplace State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

Payee Data Record Caltrans accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. Caltrans should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. Caltrans should contact the Contractor for copies of the Payee Data Record.

CALIFORNIA SELLER’S PERMIT

The California seller permit number for the Contractor is listed below. Caltrans can verify that permits are currently valid at the following website: www.cdtfa.ca.gov. Caltrans must adhere to the file documentation identified in the SCM Volume 2.

WARRANTY

Warranty requirements shall be in accordance the General Provisions, Article 19 entitled “Warranty”.

The Contractor’s warranty shall guarantee any sign produced under this contract against defects in materials, workmanship, and damage during transport. The Contractor shall replace defective signs at no cost to the State.

The Contractor shall be solely responsible to replace signs determined to be damaged, defective and/or not accepted by Caltrans during the Warranty period. The Contractor shall manufacture, store and ship signs to Caltrans in a manner that retains all the applicable warranties of all involved materials and all workmanship during the Warranty period.

The Contractor, prior to or at the time of delivery, shall provide to Caltrans written instructions regarding the manner in which signs provided by the Contractor should be stored, shipped, installed, and used to retain (not violate) all applicable materials and workmanship warranties during the Warranty period.

The Contractor must adhere to all manufacturer warranty specifications so as not to void the manufacturer warranty. This includes, but is not limited to, all manufacturer warranty specifications for reflective sheeting, shipping, storage, and post-installation sign maintenance.

RECYCLED CONTENT

State departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form for the Contractor is attached (Attachment C).

SB/DVBE PARTICIPATION

There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.

VETTED FORMS/CERTIFICATIONS

The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor forms, certifications, and compliance to performing a commercially useful function (CUF) during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to conduct a CUF evaluation or request the completion of the following required certifications and forms:

· Bidder Declaration Form (GSPD 05-105)

· DVBE Declaration Form (DGS-PD 843)

· Darfur Contracting Act Form

· California Civil Rights Certification Form

· Iran Contracting Act Certification

· Russian Sanctions Agreement

· Federal Debarment

State departments should make a notation of this within their procurement file.

EXEMPTION TO GEN-AI PROCUReMENT PROCEDURES In accordance with SCM Vol.2, Chapter 23, Generative Artificial Intelligence, this Statewide Contract is exempt from the GenAI Procurement Procedures and does not require collection of the GenAI Reporting and Factsheet (STD 1000).

ATTACHMENTS

Attachment A1 – Primary Contract Pricing Attachment B – Special Provisions – Supplement 7 Attachment C – Postconsumer Content Certification Workbook image1.jpeg