User_Instructions_-1-22-55-10A-_Supp_8.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 1-22-55-10A Contract User Instructions, *Supplement 8*

Page 12 *4/21/2025* 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

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 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 6/21/2022) Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Contractor

Mailing Address:

American Timber and Steel P.O. Box 767 Norwalk, OH 44857 Fax/Email:

Fax: (419) 663-1077 Email: caltrans@amtim.com Contact Information:

American Timber & Steel Jason Crosby Mandi Combs Phone: (419) 663-1255 Email: caltrans@amtim.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

· Article 33: Exemption to Gen-AI Procurement Procedures has been replaced with Generative Artificial Intelligence (GenAI) Procurement Procedures.* *4/21/25*

· Front page: Contract has been extended through 12/20/2026 3/5/25

· Front page: State Contract Administrator has been updated from Jamie Boes to Jason Vu.

· Article 25: Contract Administrator has been updated from Jamie Boes to Jason Vu.

12/18/2024

· Article 32 – Vetted Forms/Certifications language has been updated.

· Article 33 – Exemption to Gen-AI Procurement Procedures language has been added.

7/24/2024

· Front page: State Contract Administrator has been updated from Sarah Samaan to Jamie Boes.

· Article 25: Contract Administrator has been updated from Sarah Samaan to Jamie Boes.

6/19/2024

· Front page: Add DPAC contacts.

· Article 6: Add DPAC language.

5/09/2024

· Attachment A Contract pricing has been updated.

11/21/2023

· Article 7: Language added.

5/9/2023

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with American Timber & Steel (Contractor) provides Wood Guardrail Posts at contracted pricing to the Department of Transportation (Caltrans) and participating local governmental agencies in accordance with the requirements of Contract # 1-22-55-10A. 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 Wood Guardrail Posts 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 will expire at the end of the current contract term.

CONTRACT USAGE/RULES

State Departments

· The use of this contract is mandatory for Caltrans.

· 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 (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).

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 is listed on Attachment A, Contract Pricing.

Purchase orders must include a 1% CDTFA California Lumber Tax.

SPECIFICATIONS

All products listed on Attachment A, Contract Pricing, conform to Attachment B, State of California Bid Specification Number 5510-5990, dated 7/14/2022.

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).

Jason Crosby Mandi Combs

PRODUCT SUBSTITUTIONS

Product substitution shall be in accordance with the General Provisions (rev 6/21/2022), 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.

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:

· 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 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 one (1) bundle.

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:

American Timber and Steel P.O. Box 767 Norwalk, OH 44857 Facsimile:

(419) 663-1077 Email:

caltrans@amtim.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 Caltrans or any participating local governmental 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 two (2) working days of receipt of purchase document. The Order Receipt Confirmation shall include the following information:

· Contractor’s Order Number

· Ordering Agency Name

· Agency Order Number (Purchase Order Number)

· Description of Goods

· Total Cost

· Anticipated Delivery Date

· Identification of any Out of Stock/Discontinued Items

DELIVERY SCHEDULES

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

A. Locations

Caltrans orders shall be delivered to:

Department of Transportation Sacramento Distribution Warehouse 2001 Evergreen Street Sacramento, CA 95815

For local agencies, deliveries are to be made to the location on the Purchase Order.

B. Schedule

After receipt of order (ARO), delivery of ordered product shall be completed in full as follows:

Delivery schedules for small orders:

(Calendar Days ARO)

Delivery schedules for large orders:

(Calendar Days ARO)

For Caltrans orders, the Contractor shall contact the Sacramento Distribution Warehouse by telephone at (916) 263-0463 at least two (2) working days in advance to schedule a delivery time. Unscheduled deliveries are subject to rejection. The warehouse accepts deliveries from 7:00 AM to 2:30 PM Monday - Friday, except for State holidays.

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.

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.

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

All pallets shall be of sturdy construction and adequate condition to assure delivery of the goods without damage to the goods or safety hazards.

Exchange pallets may be available; however, the State assumes no responsibility for the availability to exchange pallets. Delivery drivers shall not remove more pallets from the location than delivering at time of delivery.

In addition to complying with the above please refer to Bid Specification Attachment C, State of California Specification 3990-01A-01 REV1 for further information.

SHIPPED ORDERS

All shipments must comply with Non-IT General Provisions (rev 6/21/2022, Article 12 entitled “Packing and Shipment.”)

Additionally, all delivered product must be bundled, palletized, and delivered as required in Attachment B, State of California Bid Specification 5510-5990.

PACKING SLIP

Packing slip requirements shall be in accordance with the General Provisions (6/21/2022), Article 12 entitled “Packing and Shipment”.

Additionally, all delivered product must be bundled, palletized, and delivered as required in Attachment 2, State of California Bid Specification 5510-5990.

PACKING LABEL

A packing label will also be included with each order shipped and include the following items, visible on the outside of the package:

· Ordering agency name

· Delivery address, unit, and/or floor

· Department and floor

· Ordering agency contact name

· Ordering agency telephone number

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: Jason Vu 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 American Timber and Steel Attn: Jason Crosby P.O. Box 767 Norwalk, OH 44857

INVOICING

Invoices shall be submitted to the ordering agency within seven (7) calendar days from date of delivery. The Contractor’s invoice must include, at a minimum:

· Contractor’s name, address, and telephone number

· Contract Number

· Purchase Order Number

· Line-Item Number

· Quantity purchased

· Contract Unit Price and Extension

· State sales and/or use tax

· Prompt payment discounts/cash discounts, if applicable

· Totals for each order

The State’s obligation to make payment pursuant to the contract is subject to availability of appropriated funds. Receipt of a Purchasing Authority Purchase Order (STD. 65) or Purchase Order in FI$Cal under this contract is proof of encumbered funds for that 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.

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 General Provisions (rev 6/21/2022), Article 26 entitled “Rights and Remedies of State for Default”.

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:

· 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 2 dated 11/21/2023 Attachment B – State of California Bid Specification Number 5510-5990, dated 7/14/2022 Attachment C – Spec 3990-01A REV1 image1.jpeg