Supp_8_User_Instructions_11.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) 1-20-56-10-11, *Supplement 8* Contract User Instructions

Contract 1-20-56-10-11 Page 16 *5/1/2025* User Instructions 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 8* *(Incorporates Supplements 1 – 8)*

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 (https://www.dgs.ca.gov/-/media/DD14F21678F64EBFADBC227F2C517C79.ashx) Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Mailing Address:

Sierra Aggregate Company, Inc.

8119 Wing Ave.

El Cajon, Ca. 92020

Fax/Email:

Fax: (619) 599-8142

Email: sierraaggregate@outlook.com

Contact Information:

Sierra Aggregate Company, Inc.

Ryan Golson Phone:

855-528-2762 option 1 Email: sierraaggregate@outlook.com

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 33 Generative Artificial Intelligence (GenAI) Procurement Procedures: Language has been updated.* *5/1/2025*

· Cover page – Order Placement Information has been updated.

· Section 9 – Customer Service has been updated.

· Section 24 – Contract Administration has been updated.

· Section 34 – Attachments, Attachment A – Contract Pricing has been updated.

3/26/2025

· Cover page – Order Placement Information has been updated.

· Section 9 – Customer Service has been updated.

· Section 13 – Ordering Procedure has been updated.

· Section 24 – Contract Administration has been updated.

8/22/2024

· Section 11 Purchase Execution has been updated.

· Section 26 Payment has been updated.

· Section 33 Exemption to Gen-AI Procurement Procedures has been added.

8/1/2024

· Cover page – The contract term has been extended through 8/27/2025.

· Section 33 – Attachments, Attachment A – Contract Pricing has been updated.

08/24/2023

· Section 11 – Purchase Execution # 3 – Blanket Orders language has been updated.

11/22/2022

· Cover page – The contract term has been extended through 8/27/2024.

· Section 32 – Bidder Declaration/Commercially Useful Function (CUF)/Certifications has been updated.

10/20/2022

· Cover page, State Contract Administrator contact information has been updated and the Non-IT General Provisions link has been updated.

· Section 24 - Contract Administration, State Contract Administrator contact information has been updated.

· Section 33 – Attachments, Attachment 1 – Contract Pricing has been updated.

1/13/2022

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with Sierra Aggregate Company, Inc. (Contractor) provides Sand and Cinders, De-Icing (Delivered) at contracted pricing to the State of California Department of Transportation (Caltrans) and local governmental agencies in accordance with the requirements of Contract # 1-20-56-10-11. 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 Sand and Cinders, De-Icing (Delivered) 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.

· State departments 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 Volume 2 or F, 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.

· State departments 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.

Local Governmental Agencies

· Local governmental agency use of this contract is optional.

· Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.

· Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.

· A DGS issued billing code is not required for local governmental agencies to place orders against this contract.

Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

DGS ADMINISTRATIVE FEES

1. State Departments The DGS will bill each State department 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 (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

Local Governmental Agencies For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to 1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISION

There is no SB/DVBE off ramp associated with this contract.

EXEMPT PURCHASES

There are no exempt purchases associated with this contract.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE

Ordering agencies 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. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

CONTRACT ITEMS

All available line items and associated pricing is listed on Attachment A (Contract Pricing)

SPECIFICATIONS

All products listed on Attachment A, Contract Pricing, conform to Attachment B, Bid Specification Number 5610-4896R1, dated June 23, 2020.

CUSTOMER SERVICE

Contractor will provide office and personnel resources for responding to requests, including telephone coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).

PROMOTIONAL PRICING

The Contractor shall immediately notify the State Contract Administrator of all manufacturer’s price declines and the State shall receive full benefit of such declines, effective on the date of manufacturer’s public announcement.

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 (https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx) (select STD Forms).

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

· Agency Order Number (Purchase Order Number)

· Ordering Agency Name

· Agency 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

FI$CAL Purchase Documents State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.

Blanket Orders The use of Blanket Purchase Orders (BPO) for this statewide contract are allowed. The following guidelines must be met and are to be documented on each BPO:

· The order does not cross into different Fiscal Years

· The order is only used for items on the contract

· The order does not exceed the contract period

· All orders placed against the blanket purchase order must be in writing

· When funds are exhausted a new order is issued

· The order is issued only to one contract supplier

· Official modification of order should be made in the event of contact change

All orders placed against the blanket purchase order (BPO) shall be invoiced at the current contract price at the time the individual order is placed. BPOs should not include a contract unit price, however, if the BPO specifies a contract unit price, an amendment to the BPO is required.

Local Governmental Agencies Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).

MINIMUM ORDER

There is no minimum order for this contract.

ORDERING PROCEDURE

Ordering agencies are to 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:

Sierra Aggregate Company, Inc.

8119 Wing Ave.

El Cajon, Ca. 92020 Facsimile:

(619) 599-8142 Email:

sierraaggregate@outlook.com

When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

ORDER ACCEPTANCE

The Contractor shall accept orders from any ordering agency. The Contractor shall not accept purchase documents for this contract that:

· Are incomplete

· Contain non-contract items

· Contain non-contract terms and conditions The Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator.

ORDER RECEIPT CONFIRMATION

The Contractor will provide ordering agencies 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

· Agency order number (purchase order number)

· Purchase order total cost

· Anticipated delivery date

DELIVERY SCHEDULES

Delivery for orders placed against this contract shall be in accordance with the following:

1. Locations Deliveries are to be made (statewide) to the location specified on the individual purchase order and only to the awarded locations specified herin except by written authorization from Procurement Division, Contract Administrator. Delilvery locations may be changed, deleted or added as deemed necessary by written authorization from DGS-PD.

Trucks must be equipped with maximum tire chains when chains are required.

Schedule Delivery of ordered product shall be completed in full within two (2) calendar days after receipt of an order (ARO). Regular delivery during non-inclement weather shall be made between 7:00 AM to 4:00 PM (PT), Monday through Friday, except State observed holidays. Deliveries will be closely monitored to ensure supplier compliance with the requirements of the contract.

For ordered quantities over two hundred (200) tons, the delivery time frame will be agreed upon by the contractor and the ordering agency.

Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each ordering agency for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt 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 PT.

Delivery Vehicle Requirements All products shall be delivered by “end dumps” and “transfer dumps.” The State will not accept “belly dumps.”

Certificate of Compliance Bidders shall provide Certificate of Compliance with each day’s delivery of product (s) attached to the bill of lading regardless of the number of deliveries that occur that day.

The Certificate of Compliance shall contain a statement certifying that the product (s) meets all specification requirements printed on company (Pit/Source) letterhead that includes:

1) Name of Pit/Quarry (Product Origination)

2) Address of Pit/Quarry (Product Origination)

3) Date of Delivery

4) Signature of Pit/Quarry responsible officer

The fact that material is used on the basis of certificate of compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the specifications, and any material not conforming to the requirements will be subject to rejection whether the product(s) have been put in use or not. State reserves the right to refuse to permit the use of material solely on the basis of certificate of compliance.

Contractor may be required to provide copies of any test report used to determine compliance to the bid specification for all delivered product at any time during the life of the contract when requested by the State.

Bill of Lading A bill of lading shall be provided with each delivery (truck load) indicating the unit of measure ton/cubic yard. The load master certificate shall also be provided with each delivery where delivery in ton is required.

The Certificate of Compliance shall be attached to the bill of lading with each day’s delivery of product(s) regardless of the number of deliveries that occur that day.

In accordance with Non-IT General Provisions (revised 06/08/2010), paragraph fifteen (15) entitled “Delivery”, the Contractor shall strictly adhere to the delivery terms and completion schedule as specified in this solicitation. 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 (revised 06/08/2010), Paragraph twenty-six (26), entitled “Rights and Remedies of the State for Default.”

EMERGENCY/EXPEDITED ORDERS

A. Emergency Plant Opening & Delivery Costs Outside Regular Delivery Hours In the case of an emergency, the contractor will be advised and the delivery shall be started within 12 hours following the request. A minimum of 50 percent of the order must be completed within twenty-four (24) hours from the start of the delivery. This includes weekends, holidays, and after normal working hours.

Requested deliveries to job sites may be outside regular working hours. Additional charge for delivery shall be $0.00 per unit “portal” to “portal”.

Requested deliveries to job sites outside the regular working hours and/or days may require plant opening. Additional charge for delivery shall be $0.00 per unit PLUS $0.00 for plant opening.

Caltrans shall make every effort to maintain sufficient levels of sand and cinders in their sheds to help minimize the need for special emergency deliveries.

B. Emergency Order Penalties Deliveries for emergency orders that do not comply to the moisture specification and gradation may be accepted but with penalty (see details below), penalty will be deducted from the order amount. This applies to Emergency deliveries only.

At the State’s sole discretion, if the State agrees to accept the deliveries that do not conform to the moisture grading requirement, the following penalty shall be assessed separately:

1. Excess Moisture Non-Conformance Penalty The State will assess a penalty on the percent of moisture exceeding 5 percent or 10 percent as required by Attachment 2 – State of California Bid Specificaion 5610-4896. The following example represents the penalty calculation when moisture exceeds 5 percent:

Delivered Units: 47.9 Cost per Unit: $8.70 Delivered moisture content: 6.18% Difference between required moisture (5%) and delivered moisture (6.18%): 1.18% Penalty factor: 10

Moisture calculation for total delivery: 1.18% (.0118) x 47.9 units = .5652 rounded off to 4 decimal places.

Penalty calculation for total delivery: .5652 x $8.70 x 10 (penalty factor) = $49.17 The State would deduct $49.17 from the total owed for the delivery example above.

2. Grading Non-Conformance Penalty A flat fee of 10 percent will be assessed for non-compliance to the grading requirement. For example, if 47.9 units were delivered and the cost was $8.70/unit, the grading non-compliance penalty will be as follows:

Penalty – 47.9 units x $8.70/unit x 10% (0.10) = $41.67. The State would deduct $41.67 from the total owed for above delivered quantity.

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

All prices are F.O.B. destination; freight prepaid by the Contractor, to the ordering agency’s 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 the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.

SHIPPED ORDERS

All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.

PACKING SLIP

Packing slip requirements shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.

TARPING

All loads shall be fully tarped from the origin to the destination, in order to prevent loss of product and/or addition of moisture.

SAFETY DATA SHEET

The Contractor shall provide a Safety Data Sheet for product(s) 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.

INSPECTION AND ACCEPTANCE

The ordering agency has the option of performing an inspection and testing samples of the Sand and Cinders, De-Icing upon delivery, and rejecting the delivery if the product is deemed non-compliant to the specifications. If the delivery is rejected, the supplier shall incur the cost of replacing the product and/or delilvery.

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: Amanda Lewis 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Sierra Aggregate Company, Inc.

Attn:

Rick Cucjen 8119 Wing Ave.

El Cajon, Ca. 92020

INVOICING

Ordering agencies may require separate invoicing, as specified by each ordering agency. Invoices will contain the following information:

· Contractor’s name, address and telephone number

· Leveraged Procurement Agreement Number (Contract Number)

· Agency 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 State departments may use the CAL-Card for the payment of invoices. Use of the CAL-Card requires the execution of a Purchasing Authority Purchase Order (Std. 65) in accordance with Article #11, Purchase Execution and must include all required documentation applicable to the purchase.

The CAL-Card is a payment mechanism, not a procurement approach and, therefore, does not relieve State departments from adhering to all procurement laws, regulations, policies, procedures, and best practices, including those discussed in the State Contracting Manual (SCM) Volume 1 and Volume 2. This includes but is not limited to the application of all sales and use tax laws, rules and policies as applicable to the purchase.

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 Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. The Std. 204 can be found in FI$CAL or may be requested from the Contractor.

CAL-CARD INVOICING

All CAL-Card invoices are to be processed separately from other payment methods and include the elements identified in Article #25, Invoicing. CAL-Card invoices shall be submitted to the CAL-Card account holder. The total invoice amount for each CAL-Card order must reflect a zero (0) balance due or credit, if applicable, and state “paid by CAL-Card”.

This website contains additional information regarding DGS-PD’s CAL-Card program (https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Enroll-in-CAL-Card-Program-for-Government-Entities).

CALIFORNIA SELLER’S PERMIT

The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov. State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2 and Volume 3.

WARRANTY

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

RECYCLED CONTENT

There is no recycled content associated with this contract.

SB/DVBE PARTICIPATION

The Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) certifications and percentages for the Contractor and subcontractor(s) are listed below. State departments can verify that the certifications are currently valid at the following website: www.caleprocure.ca.gov

Percent (%)

DVBE

Percent (%)

The Contractor will meet the contract SB participation percentages as follows:

SB Participation: The Contractor (Sierra Aggregate Company, Inc.) is a California certified SB. For each order placed through this contract, State departments can claim 100% SB participation.

BIDDER Declaration/Commercially Useful Function (CUF)/Certifications The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor certifications, (i.e. Darfur, Russian Sanctions, SB/DVBE, etc.), Bidder Declaration, and 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 request the completion of State required certifications, a Bidder Declaration document, or perform additional CUF analysis. The State department should make a notation of this within their procurement file.

*GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) PROCUREMENT PROCEDURES GenAI contract provisions (rev. 2/20/2025) have been incorporated into the contract. Contractor does not intend to utilize GenAI as a deliverable. If GenAI is disclosed by the Contractor, state departments must follow the required GenAI purchase procedures outlined in SCM Vol.2, Chapter 23, Generative Artificial Intelligence.*

ATTACHMENTS

Attachment A – Contract Pricing, Supplement 7 Attachment B – Specification 5610-4896R1, dated June 23, 2020 image1.jpeg