| Contract (Not Mandatory): 1-07-80-03 Rev.: A | |
| PAINT, WATER BORNE TRAFFIC LINE SUPPLEMENT 1 | |
| EFFECTIVE DATES: | 2/27/2007 Through 2/26/2009 |
| SUPERSEDES CONTRACT NO. : | 1-05-80-03 |
| AREA: | STATEWIDE |
| DISTRIBUTION: | |
| BUYER NAME: | LENAYA SALMAN |
| BUYER PHONE: | 916-376-5482 |
| VENDOR ID: | 673820 |
| NAME: | ENNIS PAINT, INC |
| ADDRESS: | 1509 S KAUFMAN ST ENNIS, TX 75119 |
| CONTACT: | ANNETTE METCALF 972-878-8661 |
| FAX: | 972-875-9038 |
| TERMS OF PAYMENT: | NET 45 DAYS |
| FOB: | Destination |
| MINIMUM ORDER: | AS SPECIFIED |
SUPPLEMENT #1
April 30, 2008
Subject contract for Paint, Water Borne Traffic Line is hereby
modified to reflect the following change:
A. The DGS contract administrator is changed from Bruce Fong to
Lenaya Salman. Contact information is as follows:
Lenaya Salman
Telephone: (916) 376-5482
Email: lenaya.salman@dgs.ca.gov
All other terms and conditions remain the same.
E-MAIL: annette@ennispaint.com SELLER'S PERMIT: 097-534784
SCOPE:
This contract covers the estimated two-year requirements of the State of California and
participating local agencies for Water Borne Traffic Line Paint, per State Specification
PTWB-01 dated September 2006. In addition, this contract contains an option to extend
the contract for an additional one (1) year.
A local agency is any city, county, city and county, district, or other local
governmental body or corporation empowered to expend public funds (Public Contract Code
10298).
NOTE:
This contract is NOT MANDATORY for use by all agencies. The State cannot guarantee that
all the quantities specified in the solicitation will be purchased.
The State will not be obligated to purchase contractor's excess inventory of any line
item if actual purchases vary from the anticipated purchasing pattern.
ORDERING PROCEDURE:
State agencies will submit orders on a Purchasing Authority Purchase Order (STD 65)
directly to the contractor. Orders shall indicate contract number, agency billing code,
Purchasing Authority Purchase Order Number, Leveraged Procurement Number, commodity
number, description, unit price and extension on each order. Local agencies may submit
a local agency purchase order directly to the contractor. A State issued bill code is
required on all local agency purchase orders. For assistance with obtaining an agency
bill code, please e-mail Marilyn.Ebert@dgs.ca.gov and Wilson.Lee@dgs.ca.gov with the
agency name and address along with a billing person contact and telephone number.
Orders will be submitted by US Mail or facsimile.
DGS ADMINISTRATIVE FEE:
The Department of General Services (DGS) will bill each State and local agency directly
an administrative fee for the use of this contract. The administrative fee should not
be included in the total order, nor remitted before an invoice is received from DGS.
This fee is waived for purchase orders to California certified small businesses. See
DGS price book at www.dgs.ca.gov/publications (click on DGS price book) for current fees.
For billing, for both state and local agencies, send a copy of your purchase order to:
DGS-Procurement Division
Attn: Data Entry Unit
PO Box 989052
West Sacramento, CA 95798-9052
MINIMUM ORDER:
Minimum order shall be one pallet of four (4) fifty-five (55) gallon drums or
five (5) bulk containers.
Less than minimum orders will be processed as FOB origin (Contractor's nearest
location) and the delivery charge will be prepaid and added to the invoice. To
determine the paint price for less than minimum orders, please use the following
formula:
Paint Price (Gallon) + Container Price + Delivery Charge = Total Price
Note: See price sheets (less than minimum order section) for prices on
paint and containers. Delivery charge shall be established by
the agency and supplier or the agency and designated transportation
company. State agencies will have to contact Department of General
Services, Procurement Division, Transportation Management.
SAMPLING AND TESTING:
Refer to Attachment A, Miscellaneous Requirement, Section 1.0 (Quality Assurance
Provisions).
Note: All other State and Local agencies shall make arrangements with the contractor
to sample paint, if necessary.
DELIVERY:
Delivery shall be FOB Destination and completed in full within 30 calendar days after
receipt of order. If ordering less than minimum order (see minimum order requirements
above), the delivery shall be FOB origin (contractor's nearest location).
Delivery may be requested by the following three methods:
1. The orders issued within the first 30 calendar days of the contract effective date,
the delivery shall be completed in full within 60 calendar days. All other orders
shall be completed within 30 calendar days.
2. Delivery according to a predetermined schedule.
3. Random partial shipments from an order by using a "REQUEST FOR DELIVERY."
NOTE: The time required by the Department of Transportation (DOT) Laboratory to
certify a lot will be deducted from the 30 calendar day delivery requirement.
SUPPLIER 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 10:00 AM TO 4:00 PM.
The delivery charge will be established by the agency and supplier or the agency and
designated carrier.
MSDS:
SUPPLIER SHALL SEND A COMPLETED COPY OF THE MATERIAL SAFETY DATA SHEET (MSDS) TO THE
PROCUREMENT DIVISION AND TO EACH STATE OR LOCAL AGENCY TO WHICH DELIVERY IS MADE.
PRICES:
All prices quoted for material costs shall be fixed as the maximum costs for the contract
period and no price increase shall be permitted.
Price Declines
1. The supplier shall immediately notify the State of all manufacturer's price
declines and the State shall receive full benefit of such declines, effective on
the date of the manufacturer's general public announcement.
2. If the price escalates after a decline, the maximum the contractor would be
allowed to increase would be the original price quoted.
3. If the supplier fails to notify the State within five working days of the
manufacturer's publicly announced price decline, the State may deem the
contractor non-responsible, which can affect this contract and future bidding
opportunities.
SUPPLIER'S LOCATION(S):
List below the location or locations to which orders shall be sent.
NAME OF COMPANY: Ennis Paint, Inc.
STREET ADDRESS: 1509 S Kaufman Street
CITY, STATE, & ZIP: Ennis, TX 75119
NAME OF CONTACT: Annette Metcalf
TELEPHONE NO.: 972-878-8661, ext 323
FAX NO.: 972-875-9038
MANUFACTURER'S LOCATION:
NAME OF COMPANY: Ennis Paint, Inc.
STREET ADDRESS: 200 2nd Street
CITY, STATE, & ZIP: Bakersfield, CA 93304
PHONE/FAX NO.: 661-328-0503 FAX 661-328-0504
POINT OF CONTACT: Richard Gonzales/Annette Metcalf
PACKAGING:
All containers shall comply with the governing shipping classification and the
appropriate Dangerous Articles Tariff.
All orders shall call for paint to be palletized; pallets shall be furnished by the
contractor. Pallets shall be size 6, type 2, new or reconditioned, and of a quality
and construction for the weight and purpose intended, suitable for use with forklift
trucks, and in accordance with State of California Specification 3990-01A-01 dated
January 2001. Pallets become State property. All containers to be securely banded on
the pallets to eliminate possibility of dumping. Pallet quantities shall be 4-55's gal.
per pallet. Palletization as stated here and in Specification PTWB-01, Section 5.1
shall not apply to bulk containers. Fifty-five (55) gallon drums shall be equipped
with a 2-1/4" diameter bung in the removable head to facilitate pumping the contents
without removing the head.
Bulk containers shall comply with the governing shipping classification and the
appropriate Dangerous Articles Tariff.
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.
DEMURRAGE:
90 days after delivery in bulk container, if the container is not returned, a
demurrage of $15.00 per container per day may be charged. Demurrage may not
exceed $15.00 per bulk container per day.
No demurrage for a specific tote shall apply after the date the supplier has been
notified by telefax that the tote is available for pick up. Ten (10) days before the
ninety (90) day start of the demurrage charge the contractor must notify the Caltrans
location where the tote was delivered to before the demurrage charge can be applied.
THERE SHALL BE NO DEPOSIT FOR BULK CONTAINERS OR DRUMS.
Damage sustained to the container while in State possession will be compensated
for by the State.
Supplier to state the container replacement value here $2000.00. If the
supplier has not picked up the empty container within thirty days of notice to
do so, the State may ship the container to the supplier, freight collect. No
demurrage shall apply after the supplier has been notified to pick up the empties.
AN INVENTORY, LISTING EACH TOTE BY TOTE ID NUMBER, STATING DELIVERY DATE AND
RETURN DATE WILL BE MAINTAINED BY THE SUPPLIER FOR EACH D.O.T. DELIVERY LOCATION.
For Totes with liners:
If the before-filling weight of the empty tote with liner exceeds the stamped
tare weight (tare weight to include liner weight) of the tote by more than 150
pounds, the tote shall be immediately removed from use for purposes of this
contract until said tote liner has been cleaned or until a new tote liner has
been installed. Compensation for any tote liners used during the course of this
contract shall be considered to be included in the price per gallon bid for paint.
For Totes used without liners:
If the before-filling weight of the empty tote exceeds the stamped tare weight by
more than 100 pounds, the tote shall be immediately removed from use for purpose
of this contract until said tote has been cleaned to bare metal. Cost of cleaning
totes and disposing of any residues resulting from such cleaning shall be included
in the price per gallon bid for paint and no additional compensation will be paid
to the supplier for cleaning totes.
In case of conflict between specification text and tote drawing, the drawing shall
be the governing specifications.
TOTE USAGE:
In addition to the use of totes for transfer and storage of paint supplied by the
supplier, the supplier is hereby notified that Caltrans will be using up to fifteen
(15) totes as on-board paint containers on Caltrans stripers. Said totes shall not
remain on a striper in excess of two weeks. Compensation for the use of up to
fifteen (15) totes as on-board paint containers shall be considered to be included in
the bid price per gallon for paint and no other compensation will be provided.
All other contract conditions shall apply, including any demurrage charges and
responsibility for tote damage caused by Caltrans.
DEMOUNTABLE WEIGHT TAGS:
"Weight tags, decals, or otherwise removable labels shall be affixed to each tote
prior to shipping. Each tag, decal, or labels shall include tote number, date of
weighing, weight before filling, weight after filling, conversion of net weight to
gallons, manufacturer's lot number, State P.O. Number, and the name of person
authorized to perform weighing of the totes. The required data for each tote
shall be written legibly using permanent ink. Weight tags, decals, or labels
shall be weather resistant or enclosed in a weather resistant envelope-type cover.
Data written directly on the tote, and which is not easily removable from the tote,
is not acceptable.
TOTE RECORDS:
Each tote shall have a separate and distinct tote number. The supplier shall
maintain and present on demand a separate and complete record of the activity of
each tote (including information described in DEMOUNTABLE WEIGHT TAGS above, and
including use, if any, by non-Caltrans agencies or private contractors). Failure
to maintain and surrender such records on demand may result in suspension of the
contract and disqualification from bidding on future contracts.
BASIS OF PAYMENT:
Totes shall be weighed immediately before and after each filling. For billing
purposes, the contractor shall use the difference between, before, and after
weights for each tote to convert net weight to gallons. Conversion shall be
made to the nearest whole gallon of paint delivered. That portion of a gallon
over the nearest whole gallon of delivered paint will not be considered a pay
quantity. Actual weight per gallon must comply with allowable variations from
qualifying sample (see Specification PTWB-01, Section 3.3.6, Density).
INVOICING REQUIREMENTS:
The contractor is to render invoices as instructed on individual orders. Invoices shall
include the order number, the contract number, the commodity code number, quantity, the
unit price and the extension. State sales and/or use tax is to be added to each invoice.
The sales tax rate applied should be based on the rate of the area product is to be
delivered to.
USAGE REPORTS:
Contractor shall submit a Quarterly Detailed Usage Report along with a copy of ALL
purchase orders pertaining to this contract, to the contract manager. Quarterly reports
are required within two weeks after the end of March, June, September and December of
each calendar year.
Contractors must report the sales activity for all resellers listed in their contract.
Any report that does not follow the required format, or that excludes required
information will be deemed incomplete and returned to the contractor.
The quarterly report must include the following information:
A. Calendar quarter number and year
B. Contract number
C. Contractor
D. Contractor contact information
E. Agency name
F. Purchasing Authority Purchase Order number
G. Purchasing Authority Purchase Order date
H. Agency billing code
I. Commodity number
J. Quantity
K. Contract price
L. Extension total
M. Agency contact
N. Agency address
O. Agency phone
The total dollars for the quarter should be the sum of the total dollars per purchase
order for all purchase orders. It is NOT the sum of monies invoiced or payment received.
Tax must NOT be included on the quarterly report, even if included on the purchase order.
The purchase order total value should only be reported once in the quarter identified by
the purchase order date regardless of when the services were performed, products
delivered, purchase orders invoiced, or payments received.
Within ten (10) working days of contract award, the contractor must submit a preliminary
copy of their Monthly Detailed Usage Report, which shall contain all the elements that
have been specified above. The State will review and determine acceptability of the
report.
Send the Contract Usage Report with purchase orders to the following address:
Department of General Services
Procurement Division
Attn: Bruce Fong
P.O. Box 989054
West Sacramento, CA 95798-9054
NOTE:
Contractor shall comply with each of the reporting requirements as specified. If the
contractor fails to meet delivery terms as specified for any one of the required reports,
a discount will be added to the contract price. A discount of 1% will be added to all
future orders for 30 days or until the delinquent report(s) are delivered, whichever is
greater. At the end of the 30 days or at the time of delivery of the reports, the
pricing will revert to the original contract price.
Reporting compliance penalty will commence three (3) months after contract award.
LATE DELIVERY CHARGES:
Late Delivery Charges will be assessed if:
1. Complete orders are not delivered within 30 days after receipt of the order by
the vendor.
2. Partial orders are not delivered within time schedule shown on the predetermined
delivery schedule.
3. Random partial shipments are not delivered within 30 days after the receipt of a
"REQUEST FOR DELIVERY" by the vendor.
In the event that delivery is not made as required, per any valid order, it is agreed
by the parties to the contract, unless the delay is authorized in writing by the State,
that damages will be sustained. Further, it is agreed, that it is impracticable and
extremely difficult to ascertain and determine the actual damage which the State will
sustain in the event of and by reason of such delay. It is therefore, agreed by all
parties to the contract that the contractor will pay liquidated damages of 250.00 per
calendar days per order to the State until such time the product on the order is
delivered, or until the date after which the delivery will not be accepted, as
specified in writing by the State, whichever occurs first. In no case, shall the total
damages assessed against the contractor exceed 50 percent of the total value of the
order in question. In the event the damages are not paid outright by the contractor,
the State reserves the right to deduct the total liquidated damages from any monies
due, or that may become due, to the contractor. The General Provisions, Article 26,
"Rights and Remedies of State for Default", shall remain in effect as specified in
Article 26.
EXTRAORDINARY EXTENSION OPTION:
In the event of an extraordinary circumstance the State may extend the contract for up
to an additional year beyond the stated term and any noted extensions. Extensions during
this period may occur in increments until the establishment of a new contract (not to
exceed one-year). Exercise of this option may occur in the event that a replacement
contract cannot be established due to the protest of an intent to award, or loss of key
procurement staff, or extraordinary circumstance that would otherwise cause an
unanticipated disruption in the contracting process.
If necessary, prices may be increased during an extraordinary extension option period,
to the extent that the price determined to be "fair and reasonable." Requests for price
increase(s) shall include substantiated information to support the proposed increase
(e.g., manufacturer's price list, significant changes in published market indicators for
the industry, certified raw material cost data, and any other substantiating information
as requested by the State). In no event will price increases be accepted with
retroactive effective dates.
NOTE:
Failure to adhere to the following terms and conditions of the bid may be cause to
terminate this contract.
The State expects immediate response from the contractor in the event of a paint failure
causing a down condition of the striping or spray equipment.
For Example -
CRITICAL SITUATION: In the event that the delivered paint affects the operating ability
of the equipment, such as causing plugged paint lines, pumps, paint guns, etc., the vendor
shall contact the Department of Transportation within two hours of notification and remedy
the situation within thirty six hours of notification.
PROBLEM SITUATION: In the event that the performance or quality of the delivered paint is
questioned, such as slow dry time, poor bead retention, poor adhesion, etc., the vendor
shall contact the Department of Transportation within two hours of notification and remedy
the situation within seventy two hours of notification.
If the State requires a Service Representative to participate in a problem solving
situation (either on site or by telephone) outlined in either of the above described
situations, the vendor's representative shall be fully qualified, both mechanically
and technically, to solve the problem. A "Salesman" or "Regional Manager" or other
unqualified representative does not fulfill the intention of this section.
ITEM COMMODITY NO. VENDOR UNIT DESCRIPTION UNIT PRICE
NO. VENDOR PART NO. NO.
NORTHERN CALIFORNIA
1 8010-900-3652-7 673820 GL PAINT TRAFFIC LINE WATER BORNE RAPID DRY 9.1800
WHITE 55 GALLON
Paint Unit Price: $ 11.38 per gallon
(For less than minimum orders)
2 8010-900-3653-9 673820 GL PAINT TRAFFIC LINE WATER BORNE RAPID DRY 8.6900
YELLOW 55 GALLON
Paint Unit Price: $ 10.89 per gallon
(For less than minimum orders)
3 8010-900-3649-7 673820 GL PAINT TRAFFIC LINE WATER BORNE RAPID DRY 8.2100
BLACK 55 GALLON
Paint Unit Price: $ 10.41 per gallon
(For less than minimum orders)
4 8010-900-3654-0 673820 GL PAINT TRAFFIC LINE WATER BORNE RAPID DRY 8.9200
WHITE BULK CONTAINER
5 8010-900-3655-2 673820 GL PAINT TRAFFIC LINE WATER BORNE RAPID DRY 8.4300
YELLOW BULK CONTAINER
6 8010-000-0004-5 673820 GL PAINT TRAFFIC LINE WATER BORNE RAPID DRY 7.9500
BLACK BULK CONTAINER
CONTAINER UNIT PRICES FOR LESS THAN MINIMUM ORDERS:
Five (5) Gallon Container: $ 58.90 (EACH)
55-Gallon Container: $ 625.90 (EACH)
SOUTHERN CALIFORNIA
7 8010-900-3652-7 673820 GL PAINT TRAFFIC LINE WATER BORNE RAPID DRY 9.1800
WHITE 55 GALLON
Paint Unit Price: $ 11.38 per gallon
(For less than minimum orders)
8 8010-900-3653-9 673820 GL PAINT TRAFFIC LINE WATER BORNE RAPID DRY 8.6900
YELLOW 55 GALLON
Paint Unit Price: $ 10.89 per gallon
(For less than minimum orders)
9 8010-900-3649-7 673820 GL PAINT TRAFFIC LINE WATER BORNE RAPID DRY 8.2100
BLACK 55 GALLON
Paint Unit Price: $ 10.41 per gallon
(For less than minimum orders)
10 8010-900-3654-0 673820 GL PAINT TRAFFIC LINE WATER BORNE RAPID DRY 8.9200
WHITE BULK CONTAINER
11 8010-900-3655-2 673820 GL PAINT TRAFFIC LINE WATER BORNE RAPID DRY 8.4300
YELLOW BULK CONTAINER
12 8010-000-0004-5 673820 GL PAINT TRAFFIC LINE WATER BORNE RAPID DRY 7.9500
BLACK BULK CONTAINER
CONTAINER UNIT PRICES FOR LESS THAN MINIMUM ORDERS:
Five (5) Gallon Container: $ 58.90 (EACH)
55-Gallon Container: $ 625.90 (EACH)
FOR DATA ENTRY USE ONLY
13 8010-909-0001-5 673820 VA PTBRSA-DGS/PROCUREMENT USE ONLY VARIABLE
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