User_Instructions_1-20-97-36_Supplement_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 Mandatory 1-20-97-36 Contract User Instructions, *Supplement 7*

Contract 1-20-97-36 Page 8 *04/09/2025* 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 7* *(Incorporates Supplements 1 – 7)*

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 (http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/dgspd 401.pdf) Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Mailing Address:

Apex Universal, Inc.

11033 Forest Pl.

Santa Fe Springs, CA 90670 Fax/Email:

Fax: (562) 944-8878 Email: sales@apexmarker.com

Contact Information:

Apex Universal, Inc.

Janet Yang Email: sales@apexmarker.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

· Article 32, Generative Artificial Intelligence (GENAI) Procurement Procedures, has been updated *04/09/2025*

· Article 32, Exemption to Gen-AI Procurement Procedures, has been added.

7/29/2024

· Front Page & Article 24: State Contract Administrator has been changed from Tara Gill to Jennifer Balluch.

1/26/2024

· Contract has been extended to 9/24/2025.

11/09/2023

· Front Page & Article 24: State Contract Administrator has been changed from Robb Parkison to Tara Gill.

08/17/2023

· Contract has been extended to 9/24/2024.

· Section 31. Russia language modified.

11/3/2022

· Attachment A Contract Pricing: a price increase was approved 9/10/2021

9/25/2020

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with Apex Universal, Inc. (Contractor) provides Pavement Markers at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-20-97-36. 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 Pavement Markers 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 periods 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 all State of California departments.

· 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, 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 offered must conform to the applicable sections of the State of California, Department of Transportation’s 2018 Standards Plans and Standard Specs, and must be pre-qualified and listed on the Department of Transportation’s Prequalified and Tested Signing and Delineation Materials List.

Department of Transportation 2018 Standards Plans and Standard Specs (https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications).

Department of Transportation Prequalified and Tested Signing and Delineation Materials List:

(https://dot.ca.gov/-/media/dot-media/programs/engineering/documents/mets/signing-and-delineation-materials-a11y.pdf).

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).

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 ordering agencies 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 orders against this statewide contract is not allowed.

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

The minimum order shall be $5,000 for F.O.B. destination deliveries. If ordering less than $5,000, the delivery shall be F.O.B. origin with freight prepaid and added to the invoice.

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:

Apex Universal, Inc.

11033 Forest Pl.

Santa Fe Springs, CA 90670 Facsimile:

(562) 944-2298 Email:

sales@apexmarker.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

1. Caltrans Sacramento Distribution Warehouse 2001 Evergreen Street Sacramento, CA 95815

2. Local Agencies and other State Agencies:

Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside buildings and receiving docks.

Schedule Delivery of ordered product shall be completed in full within sixty (60) days after receipt of an order (ARO) unless otherwise agreed to by 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 facility 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 Confirmation. Additional delivery and scheduling requirements are as follows:

1. Caltrans The Contractor shall contact the Sacramento Distribution Warehouse by telephone at (916) 263-0463 or by fax at (916) 263-0871 at least two (2) working days in advance to schedule a delivery time. Unscheduled deliveries are subject to rejection. The warehouse accepts deliveries from 8:00 am to 12:00 pm PT and from 12:30 pm to 4:00 pm PT, Monday-Friday, except State holidays and any mandated furlough dates.

2. Other Ordering Agencies 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.

Security Requirements Deliveries may be made to locations inside secure institutional grounds (such as the California State Prisons) that require prior clearances to be made for delivery drivers. Since security clearance procedures for each facility may vary, it will be the Contractor’s responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

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.

PALLETS

Pallets employed in the delivery of the product shall be 42” x 42”, able to sustain a 3,000-pound load and made from wood or recycled plastic materials. They shall be of sturdy construction and adequate condition to assure delivery without damage to the product and insure prevention of safety hazards. All pallets shall be reusable for their intended purpose

SHIPPED ORDERS

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

PACKING SLIP

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

Cartons are to be packaged in quantities shown per the line item description in Attachment 1 – Pricing Worksheet. Carton shall include Caltrans stock items number (CT# from the purchase order), description, type of marker, color, quantity, lot number and purchase order number.

Packing list must indicate the lot number(s) and the quantity of markers delivered for each lot, no more than five (5) different lots per load will be acceptable. Shipments not in compliance will be subject to refusal and returned freight collect to the original supplier.

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

At the discretion of the Caltrans, delivered items may be subject to sampling and testing.

If applicable, markers will be inspected by the Caltrans, Office of Materials Engineering and Testing Services. Materials not meeting specification will be rejected and returned to the contractor at the contractor’s expense. The required time for testing shall not exceed thirty days.

Twenty markers selected at random will constitute a representative sample for each lot consisting of 10,000 or less markers. Forty markers will constitute a representative sample for lots consisting of more than 10,000 markers. For sampling purposes, the lot size shall not exceed 25,000 markers.

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: Jennifer Balluch 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Apex Universal Inc 11033 Forest Place Santa Fe Springs, CA 90670

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 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 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”.

RECYCLED CONTENT

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

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 and DVBE participation percentages as follows:

SB Participation: The Contractor (prime) 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)

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 ARTIFICAL INTELLIGENCE (GENai) 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).]

* 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 Attachment B – Postconsumer Content Certification Workbook image1.jpeg