| Contract (Mandatory): 1-06-97-06 Rev.: A | |
| ATTENUATOR, TRUCK MOUNTED, BOX ASSEMBLY SUPPLEMENT 1 | |
| EFFECTIVE DATES: | 12/19/2006 Through 12/18/2008 |
| SUPERSEDES CONTRACT NO. : | 1-01-97-06 |
| AREA: | STATEWIDE |
| DISTRIBUTION: | C-97-06 |
| BUYER NAME: | TIMOTHY SMITH |
| BUYER PHONE: | 916-375-4451 |
| VENDOR ID: | 255627 |
| NAME: | ENERGY ABSORPTION SYSTEMS INC |
| ADDRESS: | 35 E WACKER DRIVE #1100 CHICAGO, IL 60601 |
| CONTACT: | MICHAEL DOWNING 312-705-8455 |
| FAX: | 800-770-6755 |
| TERMS OF PAYMENT: | Net |
| FOB: | Destination |
| MINIMUM ORDER: | ONE (1) ATTENUATOR |
SUPPLEMENT #1
July 21, 2008
Subject contract for ATTENUATOR, TRUCK MOUNTED is hereby modified to
reflect the following change:
A. The DGS contract administrator is changed from Bradley Watson to
Timothy Smith. Contact information is as follows:
Timothy Smith
Telephone: (916) 375-4451
Email: timothy.smith@dgs.ca.gov
All other terms and conditions remain the same.
SCOPE:
This contract covers the estimated two (2) year requirements of the State of California
and participating local agencies for ATTENUATOR, TRUCK MOUNTED, BOX ASSEMBLY.
In addition, this contract contains an option for one (1), one (1) year extension under
the same terms and conditions of the awarded contract. The State and contractor must
agree on the extension via a contract amendment. This contract is a MANDATORY contract.
A local agency is any city, county, and county district, or local governmental body or
corporation empowered to expend public funds (California Public Contract Code
Section 10298).
ORDERING PROCEDURE:
State agencies will complete a Contract/Delegation Form (Std. 65) indicating contract
number, stock item number, description, unit price and extension on each order and
submit it directly to the contractor or an authorized dealer as listed in the contract.
Local Agencies may submit a local agency purchase order following the same guidelines
as described above.
CONTRACTOR MUST ACCEPT ORDERS BY FACSIMILE OR E-MAIL TRANSMISSION:
By signing and submitting the solicitation, the bidder agrees to accept orders by
facsimile and/or e-mail transmission. Please show business facsmile and e-mail address
below.
Facsimile Number: (800) 770-6755
E-Mail Address: mpagnucci@quixtrans.com
CONTRACTOR'S LOCATIONS:
List below the locations to which Contract/Delegation orders should be sent.
Company Name: Energy Absorption Systems, Inc.
Street Address: 35 East Wacker Drive, Ste. 1100
City, State and Zip: Chicago, IL 60601
Contact Person: Michael Downing
MINIMUM ORDER:
The minimum order is one (1) attenuator.
DELIVERY:
Delivery is to be completed in full within 30 calendar days after receipt of order by
the contractor. (Exception: The maximum number of attenuators required to be delivered
in any calendar month shall not exceed 20 units.)
Note: In accordance with paragraph 15 of the General Provisions entitled "Delivery",
the contractor shall strictly adhere to the delivery terms and completion schedules as
specified in this contract. Failure to comply with the delivery requirements as stated,
may be considered a breach of contract and subject the contractor to General Provisions
26, entitled "Rights and Remedies of the State for Default".
CONTRACTOR RESPONSIBILITIES:
1. Contractor shall perform all deliveries to facilities in a safe and professional
manner. Contractor's equipment shall be in good working order and all personnel
shall be trained in safety measures to preclude accidents endangering personnel
or property.
2. Contractor must commit to delivery as requested, at time stated on accepted
orders, through the term of the contract.
3. Contractor shall provide office and personnel resources for responding to
requests, including telephone coverage weekdays during the hours of 8:00 AM
through 5:00 PM.
PACKAGING:
Exterior packaging is to show the contents and the order number. All packaging is to
conform to the applicable freight classifications, Surface Transportation Board and/or
Postal regulations, and is to be of a quality to assure final delivery without damage
to the contents.
All pallets employed in the delivery of the product shall be of sturdy construction and
adequate condition to assure delivery without damage to the product and to insure
prevention of safety hazards. All pallets must comply with the State of California
Specification 3990-01A-01, dated January 2001.
SPECIFICATION COMPLIANCE:
All products must conform to the State of California Bid Specification Number
079-2062-051, dated November 2005. Products not meeting all specified requirements will
be deemed non-compliant to specifications and will be returned at the contractor's
expense. The contractor shall replace all rejected/non-compliant product with fully
compliant new stock, at no cost to the State, within 10 calendar days from notice of
non-conformance.
Items offered must be standard catalogued items for which printed literature and
specifications are available.
WARRANTY:
Please refer to Item 12, page 7 of 10, of the State of California Bid Specification
Number 079-2062-051 for warranty requirements.
PRICES:
All prices shall be maximum for the contract period subject to the State receiving full
benefit of all manufacturer's price declines effective on the date of manufacturer's
general public announcement.
For the purpose of this contract, only F.O.B. Destination will be accepted.
Prices shall be all inclusive. Only the prices/charges submitted in the bid shall be
accepted and included in this contract. NO OTHER FEES CAN BE CHARGED TO THE CUSTOMER.
SALES TAX:
Sales tax is not to be included on the bid or in the bid pricing. Sales tax should be
added at time of invoicing. The sales tax rate applied should be based on the rate of
the area the product is to be delivered to.
QUANTITIES:
Quantities shown for each line item in the bid are estimated for evaluation purposes
only. Actual purchasing patterns may vary. The State will not be obligated to purchase
contractor's excess inventory if actual purchases vary from the anticipated purchasing
pattern. The State reserves the right to order more or less of any line item in this
contract.
CONTRACT USAGE REPORTING:
The contractor is required to submit a detailed usage report every three months
commencing from the date of award to the Procurement Division, Contracts Management Unit.
All appropriate fields must be completed on this form, including the name and phone
number of person completing the form. Invoice copies or list of purchase orders will not
fulfill this requirement and will not be accepted.
FAILURE to submit COMPLETED quarterly reports within the time period required may be
considered a breach of contract and subject the contractor to General Provisions 26,
"Rights and Remedies of State for Default".
INVOICING REQUIREMENTS:
The contractor is to render invoices as instructed on individual orders. Invoices shall
include the order number, contract number, item number, description, unit price and
extensions. All applicable taxes shall be noted and added to each invoice.
Invoices shall be billed according to unit of measure and unit price as indicated in
the contract. Deviations/substitutions will not be permitted.
The State's obligation to make payment pursuant to the contract is subject to
availability of appropriated funds. Receipt of a contract/delegation purchase order
under this contract is proof of funds for that order.
ITEM COMMODITY NO. VENDOR UNIT DESCRIPTION UNIT PRICE
NO. VENDOR PART NO. NO.
1 9706-970-1003-9 255627 EA BARRIER CRASH ENERGY ABSORBING 4,180.0000
CARTRIDGE/CELL TYPE
Attenuator, Truck Mounted Box Assembly.
Attenuators must comply with State of
California, Department of Transportation
Specification Number 079-2062-051,
dated November 2005.
Brand: EASI
Model: 3524804-1500 (350DX CARTRIDGE)
FOR DATA ENTRY USE ONLY
2 9905-909-0001-1 255627 VA SIGNMB-DGS/PROCUREMENT USE ONLY VARIABLE
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