User_Instructions_-_1-21-24-10.Supplement_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) 1-21-24-10 Contract User Instructions, *Supplement 9*

Contract 1-21-24-10 Page 12 *06/17/2025* 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

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

*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

Mailing Address:

Holt of California PO Box 100001 Sacramento, CA 95813 Fax/Email:

Fax: (916) 991-8290 Email:emunson@holtca.com Contact Information:

Holt of California Erick Munson Phone: (916) 719-8041 Email:emunson@holtca.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 27: State Contract Administrator updated* *6/17/2025*

· Article 34: New section added.

04/21/2025

· Article 33: Update language.

08/02/2024

· Cover Page: Contract expiration date has been extended from 4/21/25 to 4/21/26 5/8/2024

· Article 27: State Contract Administrator updated 1/26/2024

· Contract has been extended from 4/21/2024 to 4/21/2025.

9/08/2023

· Attachment A - Contract Pricing. Additional line item per change order 001, due to specification change.

· Attachment B - Specification 2410-5472Rev2. Modified for custom fabrication additions.

6/13/2022

· Sections 5, 6, & 33 have been updated to reflect Attachment A-Contract Pricing, Supplement 2.

· Attachment A-Contract Pricing has been updated due to price adjustment.

4/14/2022

· Article 27, Contract Administration – update to State Contract Administrator’s contact information.

11/09/2021

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with Holt of California (Contractor) provides Firefighting Bulldozers (Caterpillar® D5) at contracted pricing to the State of California Department of Forestry and Fire Protection (CAL FIRE) in accordance with the requirements of Contract # 1-21-24-10. 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 Firefighting Bulldozers (Caterpillar® D5) 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 and for the exclusive use of CAL FIRE.

· CAL FIRE 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, CAL FIRE 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.

· CAL FIRE must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract.

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

DGS ADMINISTRATIVE FEES

1. State Departments The DGS will bill CAL FIRE 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

CAL FIRE 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. CAL FIRE should include all relevant information and/or documentation (e.g., purchase documents).

CONTRACT ITEMS

All line items are listed on Attachment A – Contract Pricing, Supplement 3.

SPECIFICATIONS

All products listed on Attachment A - Contract Pricing, Supplement 3, conform to Attachment B - Specification 2410-5472Rev2, dated 6/8/2022 and Attachment C - Specification 2410-5472EQ, dated 3/02/2021.

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 the State shall receive full benefit of such declines, effective on the date of manufacturer’s public announcement.

PURCHASE EXECUTION

1. State Departments FI$CAL Purchase Documents CAL FIRE is transacting in FI$CAL and will follow the FI$CAL procurement and contracting procedures.

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

MINIMUM ORDER

The minimum order shall be one (1) Firefighting Bulldozer.

ORDERING PROCEDURE

CAL FIRE 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:

Holt of California 7310 Pacific Ave.

Pleasant Grove, CA 95668 Facsimile:

(916) 991-8290 Email:

emunson@holtca.com

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

ORDER ACCEPTANCE

The Contractor shall only accept orders from CAL FIRE. 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 CAL FIRE for any other reason without written authorization from the State Contract Administrator.

ORDER RECEIPT CONFIRMATION

The Contractor will provide CAL FIRE 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:

A. Pre-Delivery Prior to delivery, the Contractor must contact the CAL FIRE Mobile Equipment Management Representative identified on the purchase order, for inspection and approval.

B. Pre-Delivery Checklist Prior to delivery, the unit shall be completely inspected and serviced by the delivering dealer and/or the manufacturer’s pre-delivery service center. A copy of the pre-delivery service checklist shall be completed for each unit, signed by a representative of the organization performing the inspection/service and delivered with the unit.

C. Preparation for Delivery The completed unit as presented for the “final” acceptance shall be cleaned, internally and externally (freshly washed and chamois) and delivered with a full tank of fuel and with a full charge to the battery system.

D. Location Delivery to be made to the following location:

Department of Forestry and Fire Protection 5950 Chiles Road Davis, CA 95618

E. Schedule Delivery of first unit shall be completed in full within two hundred fifty-two (252) calendar days after receipt of a purchase order. Upon acceptance of the first unit, the remaining units shall be delivered at a minimum rate of two (2) per month until purchase order quantities have been completed. 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.

Unit shall be delivered within the timeframe of Monday through Friday, 8:00 AM to 12:00 PM (PT) or 1:00 PM to 4:00 PM (PT), except on State observed holidays.

Failure to meet the delivery schedule will result in penalties being assessed as stated in section 16, Liquidated Damages.

LIQUIDATED DAMAGES

The State shall incur actual damages should the Contractor fail to perform the work as required by the terms specified in section 15.E, Schedule. The parties have agreed to late delivery charges in the amount of $100.00 per unit per calendar day, including holidays.

The Contractor will pay the State of California the sum of $100.00 per unit, per calendar day for work that remains uncompleted or unaccepted by the State. The total late delivery charges assessed against the Contractor shall in no event exceed 25 percent of the total value of the entire purchase order. In the event such damages are not paid, the Bidder agrees that the State may deduct the amount thereof from any monies due or that may become due to the awarded Contractor.

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

All prices are F.O.B. destination; freight prepaid by the Contractor, to the Cal FIRE 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 CAL FIRE, 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”.

SAFETY DATA SHEET

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

PRE-CONSTRUCTION CONFERENCE

Within thirty (30) calendar days after receiving a purchase order, a pre-construction conference shall be held in person at the CAL FIRE Davis facility between the State and the Contractor’s representatives, which includes a member of their engineering staff and construction supervisor. The Contractor shall contact CAL FIRE to schedule and arrange date and time of the pre-construction conference. This conference shall be held prior to the start of any construction. The purpose of this meeting is to review the specifications and resolve any questions concerning the specifications and/or any variations of the unit.

Blueprint drawings shall be made available for review by State representatives at the pre-construction conference. Generic drawings are not acceptable. These engineered 3- dimensional "CAD" or isometric drawings shall include all details and dimensions of accessories installed on the Firefighting Bulldozer.

Within thirty (30) days of the pre-construction conference, completed drawings will be submitted to the State for approval. All drawings shall meet ANSI standards and shall be fully engineered to ensure fit and function. When the drawings are accepted, State representatives shall sign the drawing and return to the Contractor to signify that work on the Firefighting Bulldozers can begin. These drawings shall be used by the inspection team to accept the unit at the time of delivery.

production schedule At the pre-construction conference, the Contractor shall submit in writing a tentative production schedule based upon the OEM manufacturer’s estimated time of delivery. A subsequent written “firm delivery schedule” shall be submitted within thirty (30) days of the pre-construction conference.

OPERATION MANUALS

Manuals are to be in the English Language. One (1) set of Manuals in written and electronic version will be provided with each unit.

hour meter A unit delivered with more than twenty (20) hours on the hour meter will not be accepted.

RECEIVING & INSPECTION

Each Firefighting Bulldozer will be inspected for compliance by a CAL FIRE Mobile Equipment Management Representative at the Contractor’s place of business prior to delivery. Inspection will commence within five (5) working days of notification. Inspection will include specification compliance, workmanship, appearance and proper operation of all equipment and systems and that all documents are present. The burden of proof of compliance with the specification will be the responsibility of the Contractor.

Completion of inspection or acceptance by the CAL FIRE Mobile Equipment Management Representative shall in no way relieve the Contractor from satisfying the requirements of the contract, specifications, and warranty. Deviations from the specified requirements that are detected by CAL FIRE shall be corrected by the Contractor in an expeditious manner at no expense to CAL FIRE.

Receiving CAL FIRE representative(s) may visit the place of manufacture at any time during production of the Firefighting Bulldozer as deemed necessary. All travel conducted by State representatives will be at the cost of the State.

documentation The original dealer's "Report of Sale" and a "Manufacturer's Statement of Origin" shall be furnished by the Contractor at the time of delivery of each Firefighting Bulldozer.

All documentation supplied shall include the following physical address:

Department of Forestry and Fire Protection PO Box 944246 Sacramento, CA 94244

All required documentation shall be sent to the following address by the time of delivery.

Department of Forestry and Fire Protection 5950 Chiles Road Davis, CA 95618

WARRANTY

Warranty shall be the manufacturer’s CATERPILLAR Premiere Warranty, with a minimum of five (5) years or 2,000 hours of coverage, whichever comes first.

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: *Rudolph Jimenez* 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 Holt of California Attn: Erick Munson 7310 Pacific Ave Pleasant Grove, CA 95668

INVOICING

Invoices shall be submitted to CAL FIRE within seven (7) days from date of delivery. The Contractor’s 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 The State reserves 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 and the State 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.

CALIFORNIA SELLER’S PERMIT

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

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.

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:

· GenAI Disclosure & Factsheet (STD 1000)

· 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.

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 3 Attachment B – Specification 2410-5472Rev2, dated 6/8/2022 Attachment C – Specification 2410-5472EQ, dated 3/02/2021 image1.jpeg