UI_Supp_7.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 (Non-Mandatory) Contract Number 1-22-56-20-10A Contract User Instructions – *Supplement 7*

Page 12 *7/17/2025* 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, [].

NON-MANDATORY

*Supplement 7* *(Incorporates Supplements 1 – 7)*

District 10, Area 2 Only

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

Mailing Address:

*P.O. Box 508 Placerville Ca 95667*

Email:

*dave@hsiind.com*

Contact Information:

*High Sierra Industries* *Dave Chalker* Phone: (916) 933-1555 Email: *dave@hsiind.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

· Front Page: Contractor and Order Placement Information changed.

· Article 1: Scope, language update.

· Article 7: Customer Service, language update.

· Article 12: Ordering Procedure, language update.

· Article 22: Contract Administration, language update.

· Article 26: California Seller’s Permit, language update.

· Article 31: SB/DVBE Participation, language update.

· Attachment A – Contract Pricing, Supplement 1 has been updated and replaced with Attachment A – Contract Pricing, Supplement 7.* *7/17/2025*

· Article 33: [Exemption to] Gen AI Procurement Procedures, updated language.

4/16/2025

· Front page and Article 22: updated State Contract Administrator.

10/24/2024

· Cover page: Added DPAC contact information

· Cover page and Article 22: updated State Contract Administrator

· Article 4: added language

· Added Article 33: Exemption to GenAI Procurement Procedures

· Updated Article numbers after Article 33 07/31/2024

· The contract has been extended for another year.

· Article 10 – Purchase Execution # 3 – Blanket Orders language has been updated.

04/17/2024

Article 10 – Purchase Execution # 3 – Blanket Orders language has been updated.

11/17/2022

· Attachment A, Contract Pricing has been updated to reflect a price increase.

03/22/2022

01/06/2022

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with *High Sierra Industries, Inc.* (Contractor) provides Asphalt Concrete Plant Mix, Delivered at contracted pricing to the State of California, Department of Transportation (Caltrans) in accordance with the requirements of Contract # 1-22-56-20-10A. 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 Asphalt Concrete Plant Mix, 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 non-mandatory for Caltrans.

· 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 Volume 2, as applicable.

· Prior to placing orders against this contract, Caltrans 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.

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 (https://www.dgs.ca.gov/OFS/Price-Book) (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

All available line items and associated pricing are listed on Attachment A, Contract Pricing.

SPECIFICATIONS

All products delivered against any contract resulting from this solicitation must comply with the applicable Caltrans, Standard Specifications, latest edition, Sections 39 and 92.

To obtain a copy of the Caltrans, Standard Specifications, click on the following link: 2018 Standard Specifications.

The temperature of the Type A Hot Mix Asphalt (HMA) and Type A Hot Mix Asphalt (HMA) with warm mix asphalt technology shall be delivered to the jobsite at a minimum of 270 degrees Fahrenheit, which is necessary to achieve compaction, and shall not be greater than 325 degrees Fahrenheit.

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

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

The Contractor shall immediately notify the State Contract Administrator of all manufacturer’s price declines and Caltrans 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 against this statewide contract are allowed. Ordering agencies issuing blanket purchase orders must adhere to the following guidelines:

a) The order does not cross into Fiscal Years.

b) The order is only used for items on the contract.

c) The order does not exceed the contract period.

d) All orders placed against the blanket purchase order must be in writing.

e) When funds are exhausted a new order is issued.

f) The order is issued only to one contract supplier.

Please note: All orders placed against the blanket order (BPO) shall be invoiced at the current contract price at the time of 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 This contract is not available to local governmental agencies.

MINIMUM ORDER

The minimum order shall be 20 TONS PER DAY (cumulative) with a maximum of 500 tons PER DAY.

Contractor may accept orders for less than the minimum order quantity and deliver at the contract price or allow product to be picked up by the State.

ORDERING PROCEDURE

Caltrans is 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:

*P.O. Box 508 Placerville Ca 95667*

*dave@hsiind.com*

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

ORDER ACCEPTANCE

The Contractor shall accept orders from Caltrans. 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 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

· 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 to the awarded Districts, Area locations contained in Attachment A, Contract Pricing. except by written authorization from State of California, Department of General Services, Procurement Division (DGS-PD).

Schedule Delivery of ordered product shall be completed in full within forty-eight (48) hours after receipt of an order (ARO). 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.

Caltrans will determine and notify the Contractor of the expected arrival time at the job site, the number of trucks and rounds required per truck or time intervals, and quantity at time of order. The Contractor agrees to deliver during the operating hours of 7:00 a.m. to 5:00 p.m., Monday through Friday except State observed holidays.

Security Requirements Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.

Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

Deliveries that are delayed due to drivers not being cleared to enter secure grounds may be cause for contract default.

Trucks Contractor must be able to accommodate the requested number of trucks for an order at one time.

STANDING TIME

The State shall be entitled to standing time for the purpose of unloading (connected to the paving equipment) of not more than thirty (30) minutes free of any charges to the State. The State shall be entitled to forty-five (45) minutes standing time for Transfer Truck deliveries.

The Standing time shall begin when the carrier is ready to transfer to the paving equipment or ready to dump (excluding preparation time removing tarp, etc.), but not earlier than the requested time of arrival.

End time shall conclude when the carrier disconnects from the paving equipment or has finished delivery of the product.

The Contractor may assess a charge of $1.78 per minute for time in which the carrier’s equipment is detained through no fault of the carrier, in excess of the thirty (30) minutes unloading time and/or forty-five (45) minutes unloading time for Transfer Trucks. The Contractor shall provide appropriate documentation that supports the assessment. For payment to be processed, a separate assessment invoice must accompany the material invoice.

DELIVERY DAMAGES

1. Delayed Delivery Damages caused by the Contractor:

In the event delivery is delayed, or the delivered product is not in compliance with the contract specifications, through no fault of the State, the Contractor will be liable for direct manpower and/or idle equipment costs incurred by the State. Caltrans shall calculate such charges using the Integrated Maintenance Management System (IMMS). The IMMS is designed to track maintenance activities and expenditures. The State shall provide the Contractor documentation of State incurred costs and deduct cost from the Contractor’s invoice.

2. Delayed Delivery Damages caused by the State:

In the event delivery is delayed, through no fault of the Contractor, and less than a twelve (12) hours’ notice of change has been given to the Contractor, the State will compensate the Contractor. Compensation for delay of delivery shall be at a rate of $1.25 per minute from the original scheduled start time to the new scheduled start time plus the Contract price of the delivered product.

Example: Original scheduled start time is 10:00 a.m. ------ new scheduled start time is 11:30 a.m.

Compensation Calculation: Ninety (90) minutes x $1.25 = $112.50 + contract price for delivered product

3. Cancellation of Delivery Damages caused by the State In the event delivery of the ordered material on this contract is cancelled, through no fault of the Contractor, the State will compensate the Contractor. Compensation shall be as follows:

a) Cancellation of ordered delivery with less than twenty-four (24) hours and more than twelve (12) hours notice to the Contractor, the State shall compensate the contractor at a rate of 10 percent of the purchase order value.

Example: Purchase order issued for 500 tons of 1/2” – PG 64-16 to be delivered in a belly dump at a cost of $ 81.50 per ton.

Compensation Calculation:

500 (tons) X $ 81.50 = $ 40,750.00 X 10% = $ 4,075.00

Contractor shall provide documentation to the State and invoice accordingly.

b) Cancellation of ordered delivery with less than twelve hours’ notice to the Contractor, the State shall compensate the Contractor at a rate of 20 percent of the purchase order value.

Example: Purchase order issued for 500 tons of 1/2” – PG 64-16 to be delivered in a belly dump at a cost of $ 81.50 per ton.

Compensation Calculation:

500 (tons) X $ 81.50 = $ 40,750.00 X 20% - $ 8,150.00

Contractor shall provide documentation to the State and invoice accordingly.

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.

MODIFICATION OF CONTRACT

Delivery sites may be changed, deleted, or added as deemed necessary by the DGS-PD.

Any contract resulting from this solicitation may be modified in whole or in part upon mutual agreement of both parties.

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

In accordance with the General Provisions, unless otherwise noted in the ordering agency’s SOW, rejection of deliverables must be processed within thirty (30) days of delivery or it shall be deemed as accepted by the State.

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: Willie Orphé III 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 *High Sierra Industries, Inc.* Attn: *Melody Christensen* *P.O. Box 508 Placerville Ca 95667*

CERTIFICATIONS

Contract is required to assure that all materials furnished from California Mines comply with the Surface Mining and Reclamation Act of 1975 (Sand, Gravel, Aggregates and other minerals) and are from a source listed by the Department of Conservation or is in a class that is not subject to these requirements.

All Hot Mix Asphalt (HMA) supplied by the Contractor must have a current Caltrans verified Job Mix Formula (JMF).

If requested, the Contractor Is required to furnish HMA, samples of Aggregate, Recycled Asphalt Pavement (RAP), Asphalt Binder, and all Additives proposed for each mixture to be supplied on this contract. HMA, aggregate samples, RAP, asphalt binder, and all additives shall be presented to the District Materials Lab as requested. The State reserves the right to have an inspector at plant during production of all material made to fill the order.

All material and data submitted to the Region/District Engineer shall conform to Sections 39-2.02 “Aggregates,“ and 39-1.01 “General”, of the current issue of the Department of Transportation, Standard Specification.

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

· Commodity Code Number – (UNSPSC code that is listed on Pricing Worksheets)

· 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.

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. State departments 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. 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”.

RANDOM SAMPLE COMPLIANCE REVIEW

The State has the option of randomly sampling offered products after award from any order to ensure compliance to contract requirements. Any products failing random sample review will be replaced by the Contractor free of charge and re-evaluated by the State. The State has the option of removing listed line items that fail random sample compliance review. Notice may be made by phone or email. Failure to submit requested information may be considered a breach of contract and subject the Contractor to Non-IT/IT General Provisions (rev 06/08/2010), paragraph #26 entitled “Rights and Remedies of State for Default”.

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.

RECYCLED CONTENT

There is no recycled content associated with this contract.

SB/DVBE PARTICIPATION

*There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.* [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 (Blain Stumpf Trucking) is a California certified SB. For each order placed through this contract, State departments can claim 100 percent SB participation.]

BIDDER DECLARATION/COMMERCIALLY USEFUL FUNCTION (CUF)

The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor certifications 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 a Bidder Declaration document or perform additional CUF analysis. The State department should make a notation of this within their procurement file.

GEN AI 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* image1.jpeg