| Contract (Mandatory): 1-07-97-32 Rev.: A | |
| ALUMINUM SIGNS, LAMINATED AND FORMED, ROADSIDE AND OVERHEAD APPLICATIONS SUPPLEMENT NO. 1 | |
| EFFECTIVE DATES: | 5/17/2007 Through 5/16/2009 |
| SUPERSEDES CONTRACT NO. : | 1-03-97-32 |
| AREA: | STATEWIDE |
| DISTRIBUTION: | DEPT OF TRANSPORTATION |
| BUYER NAME: | TOM SHINMOTO |
| BUYER PHONE: | 916-375-5954 |
| VENDOR ID: | 1902 |
| NAME: | ZUMAR INDUSTRIES, INC |
| ADDRESS: | 9719 S SANTA FE SPRNGS RD SANTA FE SPRNGS, CA 90670 |
| CONTACT: | BEN LEMCKE 800-654-7446 |
| FAX: | 562-941-4643 |
| TERMS OF PAYMENT: | 1/4% - 21 DAYS |
| FOB: | Destination |
| MINIMUM ORDER: | NONE |
SUPPLEMENT NO. 1
ALUMINUM SIGNS, LAMINATED AND FORMED, ROADSIDE
AND OVERHEAD APPLICATIONS
05/19/2008
The following change is hereby made to this contract:
1. Change the contract administrator from William Rodriguez to
Tom Shinmoto phone No 916-375-5954 or email at tom.shinmoto@dgs.ca.gov
2. All other terms and conditions of this contract remain the same.
SCOPE:
This contract covers the estimated two-year requiremnent of the State of California,
Department of Transportation (DOT) requirements for ALUMINUM SIGNS, LAMINATED AND FORMED
PANELS, ROADSIDE AND OVERHEAD APPLICATIONS. This contract is "Mandatory" and is for the
exclusive use of the DOT; it will not be available to other State and local agencies.
CONTRACT TERM:
The contract period shall be for a two (2) year term. This contract contains an option
for three (3) contract extension(s). Each contract extension period shall not exceed
twelve (12) months. The terms, conditions, and prices for the contract extension period
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
and/or contract extension(s).
MINIMUM ORDER:
There is no minimum order on this contract.
CONTRACTOR ORDERING INFORMATION:
The contractor agrees to accept orders by facsimile, e-mail, or U.S. Mail.
Company Name: Zumar Industries, Inc.
Street Address: 9719 Santa Fe Springs Road
City, State, and Zip: Santa Fe Springs, CA 90670
Contact Person: Michelle Rexford
Facsimile Number: (562) 941-4643
E-Mail Address: micheller@zumar.com
ORDERING PROCEDURE:
State agencies shall submit a complete Purchasing Authority Purchase Order (STD. 65)
directly to the contractor. The Purchasing Authority Purchase Order (STD. 65) shall
contain (but not be limited to) the following information.
1. Agency Bill Code
2. Purchasing Authority Purchase Order Number (PO No.)
3. Leveraged Procurement Agreement Number (Contract No.)
4. Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-Mail)
5. Line Item Number
6. Quantity
7. Unit of Measure
8. Commodity Code Number
9. Recycled Product
10. Product Description
11. Unit Price
12. Extension Price
Note: Contractor shall not accept orders from State agencies without a
State-issued bill code.
State agencies shall submit copies of all purchase orders to:
DGS-Procurement Division
Attn: Data Entry Unit
P.O. Box 989052
West Sacramento, CA 95798-9052
SIGN ORDER PROCEDURE:
A. Standard Sign Order (Standard-Coded Signs):
For each standard sign code, the requesting DOT District and/or DOT Division of
Procurement and Contracts will furnish the Contractor with a Standard Sign Order
that includes the following data:
1. Quantity of signs
2. Sign code number
3. Sign size
4. Color and type of sheeting for background and legend
5. DOT contact person and telephone number for the "ship to" location
No sketch will be furnished for standard-coded signs.
B. Sign/Installation Order (Uncoded and Variable Message Signs):
All layouts for uncoded and variable message signs are the Contractor's
responsibility and shall be performed at no additional cost to the State. For each
uncoded or variable message sign, the requesting DOT District or DOT Division of
Procurement and Contracts will furnish the Contractor with a Sign/Installation Order
that includes the following data:
1. Sketch of the sign
2. Quantity of signs
3. Sign code number (if applicable)
4. Sign size
5. Color and type of sheeting for background and legend
6. Base panel type and gauge
7. Size and type of legend
8. Degree of arrow placement
9. DOT contact person and telephone number for the "ship to" location
From this data, the Contractor shall:
1. Prepare the sign layout
2. Complete an itemized pricing sheet stating:
a) The total price for each sign, and
b) Unit prices for all components of each sign in conformance with the prices
shown on the Group BB sheets.
3. Forward by facsimile (or e-mail) items 1 and 2 above to the sign coordinator
(at the DOT district requesting pricing) or directly to the DOT Division of
Procurement and Contracts at the facsimile number shown below (if requested to
do so by the sign coordinator). If the DOT Division of Procurement and Contracts
is requesting the pricing, the Contractor shall send items 1 and 2 to facsimile
number 916/227-6126.
C. If any DOT district or the DOT Division of Procurement and Contracts requires the
Contractor to price any Standard Sign Order or Sign/Installation Order, the
Contractor shall do so at no additional cost to the State. Pricing, when requested
under this provision, shall be returned by facsimile (or e-mail) directly to the
DOT Division of Procurement and Contracts and a copy to the sign coordinator within
(3) working days for standard coded signs and seven (7) working days for uncoded or
variable message signs. When pricing is requested for five (5) day or twenty-one (21)
day emergency delivery signs, regardless of type, pricing shall be completed within
two (2) working days.
D. The DOT Division of Procurement and Contracts will audit prices and issue a
Purchasing Authority Purchase Order.
E. At the State's option, pricing may be done by the State.
F. Orders will be placed by issuance of a Purchasing Authority Purchase Order. During
the term of this contract, the DOT may implement a process whereby it is permissible
within yet to be established procedures to use a government-issued purchasing card
(i.e., VISA card). If the Contractor is so notified by the DOT Division of
Procurement and Contracts that contract orders may be placed using this method, the
Contractor shall have thirty (30) calendar days to implement the ability to accept
such cards/transactions.
ITEM CODE NUMBERS:
For ordering purposes, the following item code numbers shall be used.
9701-970-3100-2 SIGN GUIDE HIGHWAY REFLECTIVE
9701-970-3200-6 SIGN REGULATORY HIGHWAY REFLECTIVE
9701-970-3300-0 SIGN WARNING HIGHWAY REFLECTIVE
9701-970-3400-3 SIGN CONSTRUCTION HIGHWAY REFLECTIVE
9701-970-3500-7 SIGN SPECIAL HIGHWAY REFLECTIVE
9701-970-3600-0 NUMERAL SIGN CUT OUT REFLECTIVE
9701-970-3700-4 NUMERAL SIGN POPULATION TYPE REFLECTIVE
9701-970-3800-8 SIGN VARIABLE MESSAGE REFLECTIVE
9701-970-3900-1 SIGN WITH MESSAGE BORDER & MOUNTING HOLE REFLECTIVE
ORDER CONFIRMATION:
Within 48 hours, the Contractor must confirm receipt of the purchase order either via
e-mail or facsimile, providing the user a receipt acknowledging the order. The
acknowledgement must include total cost and delivery date information.
DELIVERY:
A. All deliveries shall be F.O.B. DESTINATION FREIGHT PREPAID only. Deliveries will be
to various work sites and locations throughout the State.
B. The Contractor shall ship orders for standard-coded signs from Group AA complete
thirty (30) calendar days from the date the order is received by the Contractor.
Orders for signs from Group BB shall be shipped complete forty-five (45) calendar
days from the date the order is received by the Contractor. Partial deliveries may
be accepted upon mutual agreement between the Contractor and the designated DOT
representative.
C. The Contractor shall notify the receiver at least one (1) working day prior to the
anticipated delivery date. The Contractor shall contact the receiver shown on the
Purchasing Authority Purchase Order to arrange for delivery, including availability
of appropriate equipment and personnel at the receiving location necessary for
unloading signs. After the order is shipped, the Contractor shall send verification
of shipment (facsimile or e-mail) to the district sign coordinator and to the
receiver at the receiving location.
D. Verification of shipment should reference the Standard Sign Order number or Sign/
Installation Order number, Purchasing Authority Purchase Order number, name and
telephone number of the carrier, the time and date of delivery, and any special
arrangements and agreements. Upon request by the State, the Contractor shall
provide documentation confirming that the order was (in fact) delivered.
E. The DOT reserves the right to order signs from another contractor or alternate
source in emergencies or in the event that the Contractor cannot deliver signs
when and as requested by the DOT. The Contractor shall immediately notify the
district sign coordinator if (for any reason) the Contractor cannot deliver
signs when and as requested by the DOT.
F. Signs shall be shipped to the address shown on the Purchasing Authority Purchase
Order upon release by by the Transportation Laboratory at the Contractor's sign
manufacturing facility.
G. Damaged or defective signs will not be accepted at the receiving location. The
State will notify the Contractor of damaged or defective signs within fifteen (15)
working days of delivery. The Contractor will be required to pick up damaged or
defective signs within forty-eight (48) hours of such notification.
H. After being returned to the Contractor's sign manufacturing facility, the Contractor
shall replace or correct returned signs in a manner acceptable to the State within:
five (5) working days or signs originally ordered as Super Emergency 5-Day Delivery;
ten (10) calendar days for signs originally ordered as Super Emergency 21-Day
Delivery; and twenty-one (21) calendar days for signs subject to thirty (30) or
forty-five (45) day delivery schedule.
I. The State will not pay the emergency surcharge for returned signs. Returned signs
are subject to liquidated damages as specified in this contract.
EMERGENCY 21-DAY DELIVERY:
A. Orders marked "EMERGENCY 21-DAY DELIVERY" shall be completed in full and shipped
within twenty-one (21) calendar days from the date the order is received by the
Contractor.
B. Each Emergency 21-Day Delivery order will be limited to ten (10) or fewer signs of
various types. The Contractor will not be required to complete more than one order
at a time per district for Emergency 21-Day Delivery except by mutual agreement
between the Contractor and the district.
C. A Contractor's surcharge of ten percent (10%) will be added to the net cost of
signs for all Emergency 21-Day Delivery orders. Should the Contractor fail to ship
the order within the prescribed time, the emergency surcharge will not be paid.
D. Partial deliveries will not be accepted.
SUPER EMERGENCY 5-DAY DELIVERY:
A. Orders marked "SUPER EMERGENCY 5-DAY DELIVERY" shall be completed in full and shipped
within five (5) calendar days from the date the order is received by the Contractor.
B. Each Super Emergency 5-Day Delivery order will be limited to seven (7) or fewer signs
of various types. The Contractor will not be required to complete more than one order
at a time per district for Super Emergency 5-Day Delivery except by mutual agreement
between the Contractor and the district.
C. A Contractor's surcharge of fifteen percent (15%) will be added to the net cost of
signs for all Super Emergency 5-Day Delivery orders. Should the Contractor fail to
ship the order within the prescribed time, the emergency surcharge will not be paid.
D. Partial deliveries will not be accepted.
PRICE:
A. Prices shall be as quoted on Group AA Price Sheets and Group BB Price Sheets
contained herein.
B. All quoted prices shall be F.O.B. Destination.
PRICE ESCALATION - MATERIAL COSTS AND FUEL COSTS:
Material Costs:
Unless escalation is requested, all prices quoted for material costs shall be fixed
as the maximum cost for the contract term, including any contract extension(s). The
Contractor may submit a proposed price escalation, in writing (for other than fuel
costs, see Fuel Costs below), to the Department of General Services, Procurement
Division, Contract Administrator no earlier than three hundred (300) calendar days
after award. Such notice shall be provided at least thirty (30) calendar days in
advance of the proposed effective date of the price escalation.
1. Upon receipt of such notice, the State reserves the right to exercise the
following options:
a. Accept the escalation as competitive with the general market price at that
time, effective forty-five (45) calendar days after receipt of an acceptable
notice; or the State may choose to
b. Negotiate a proposed alternative price escalation. Note: The State will
notify, in writing, the contractor of its intention to negotiate. The State
will have twenty (20) working days to complete negotiations; or the State may
c. Cancel any unpurchased balance of the contract without prejudice, effective
upon written notice from the State.
Note: If negotiations fail to produce an agreement, the State reserves the right
to exercise Options 1.a or 1.c with an effective date no later than ten
(10) working days after unsuccessful negotiation.
2. No price increase shall apply to quantities ordered from the contract prior to the
effective date of the price escalation as authorized by the State via an approved
supplement to the contract.
3. Any accepted price escalation increase shall be fixed as the maximum price for a
period of not less than one hundred eighty (180) calendar days from the effective
date of the approved price escalation, as described above.
Fuel Costs:
1. Unless escalation is requested, all prices quoted for fuel costs shall be fixed
as the maximum cost for the contract term, including any contract extension(s).
2. The Contractor may submit a proposed price escalation for fuel costs, in writing,
to the DGS Procurement Division Contract Administrator when the cost of fuel
has increased no less than ten percent (10%) from the original fuel cost and
after one hundred eighty (180) calendar days from the effective date of the
contract or from the effective date of the most recent price increase. Such
notice shall include substantiated information to support the proposed escalation
from the published OPIS (Oil Price Information Service), the market indicator for
the fuel industry. The DGS Procurement Division tracks and monitors such fuel
changes at the following web site: www.pd.dgs.ca.gov/contracts/fuelrates.
3. Upon receipt of such notice, the State reserves the right to exercise the
following options:
a. Accept the escalation as competitive with the general market price at that
time, effective forty-five (45) calendar days from written approval from the
State; or the State may choose to
b. Negotiate a proposed alternative price escalation. Note: The State will
notify the contractor, in writing, of its intention to negotiate. The State
will have twenty (20) working days to complete negotiations; or the State may
c. Cancel any unpurchased balance of the contract without prejudice, effective
upon written notice from the State.
Note: If negotiations fail to produce an agreement, the State reserves the right
to exercise Options 3.a or 3.c with an effective date no later than ten
(10) working days after unsuccessful negotiation.
4. No price increase shall apply to quantities ordered from the contract prior to
the effective date of the price increase as authorized by the State via an
approved supplement to the contract.
5. Any accepted price escalation increase shall be fixed as the maximum price for a
period of not less than one hundred eighty (180) calendar days from the effective
date of the approved price escalation, as described above.
Please Note:
All prices quoted in this contract shall include all costs for set-ups; pattern layouts,
screenings, labor, materials, tools, equipment, and incidentals necessary to fabricate
and furnish a finished (completed) sign as specified under this contract. Unless
otherwise specified in this contract, no other fees or surcharges can be charged to
the customer.
PRICE DECLINES:
The Contractor shall immediately notify the Contract Administrator of all manufacturers'
price declines and the State shall receive full benefit of such declines, effective on
the date of manufacturer's public announcement.
PRICING PERCENTAGE BREAKDOWN:
The State requires an overall AVERAGE PERCENTAGE BREAKDOWN of the products in this
contract. This information will be used for price escalation for fuel costs only.
PERCENTAGE OF PRODUCT PERCENTAGE OF DELIVERY TOTAL
Per Material Costs Per Fuel Costs
96% + 4% = 100%
WARRANTY:
The Contractor's warranty shall guarantee any sign produced under this contract against
defects in materials and workmanship. The Contractor shall replace defective signs at
no cost to the State.
The State reserves the right to order retro-reflective sheeting for background and
legend which is not matched components. The State agrees to indemnify and save
harmless the Contractor from any retro-reflective sheeting manufactuer's warranty issues
arising from such orders.
PATENTED MATERIALS:
The Contractor shall assume all costs arising from the use of patented materials,
equipment, devices, or processes used on or incorporated in the work, and agrees to
indemnify and save harmless the State, the Department of Transportation (DOT) and
their duly authorized representatives from all suits at law, or action of every nature
for, or on account of, the use of any patented materials, equipment, devices, or
processes.
QUANTITY:
A. Estimated quantities are based upon historical purchasing for a two (2) year period.
Actual purchasing may vary from this pattern. The State will not guarantee any
specific quantities will be purchased.
B. 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.
INSPECTION OF CONTRACTOR'S FACILITIES:
At any time during the term of the contract, the State reserves the right to inspect
the Contractor's facilities by giving at least five (5) calendar days advance notice.
CONTRACT TERM AND CONTRACT DOLLAR VALUE:
A. The contract term will be for two (2) years, with the State having the option to
extend this contract for three (3) additional one-year (1-year) periods.
B. The State reserves the right to order signs for highway construction projects
under terms of separate contracts with highway construction contractors.
C. The Contractor shall refuse to accept any orders after a date set for termination
and the State may disclaim liability for any purchases made after such date.
The State's obligation to pay is solely from funds appropriated for the acquisition of
the products under this contract. If funds are not appropriated for future fiscal years,
the contract dollar amount will be reduced accordingly. Receipt of an order under this
contract is proof of availability of funds for that order.
The State will be excused from purchasing from this contract due to closure of State
facilities, changes to or cancellation of State programs, by reduction of product usage,
or because of lack of fiscal appropriations.
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 (1) year). Exercise of this option may occur in the event that a replacement
contract cannot be established due to protest of an "Intent to Award", loss of key
procurement staff, or any other 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 is determined to be "fair and reasonable". Requests for
price increases 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, or any other substantiating information
as requested by the State). In no event will price increases be accepted with
retroactive effective dates.
OFFICE EQUIPMENT:
The DOT uses office equipment commercially available in the public domain. The Contractor
is expected to operate and maintain (at its own expense) compatible computer
workstations, facsimile copiers, color printers, scanners, and digital cameras as
necessary for the conduct of business with the State under this contract. The Contractor
will be required to electronically transmit and receive various word documents,
spreadsheets, sign specifications, fabrication details, sign orders, purchase
orders, drawings, and color digital photographs. The Contractor is expected to
have sufficient office equipment available to its staff to handle the workload
that can reasonably be expected under this contract.
SPECIFICATIONS:
A. Signs shall be produced in compliance with standard sign specifications, plans,
details, and special provisions as set forth under this contract.
B. Each referenced sign code is the identity of a federal MUTCD or California standard
sign specification. Sign specifications provide additional details not shown
elsewhere in this contract. Unless notified of a change by the State, such
specifications shall be considered part of this contract and effective fifteen (15)
calendar days before due date.
C. During the contract period, some standard sign specifications for Group AA may be
revised. If a dimensional change is made in the drawing for a line item, the sign
will be considered an uncoded sign for the balance of this contract and shall be
priced in accordance with Group BB sheets. If the sign code changes, but a physical
change has not been made in the drawing, the sign shall be priced in accordance with
Group AA sheets. Some standard sign specifications may specify non-reflective or
opaque background, but shall be considered as having retro-reflective background
for purposes of this contract, and no revision of the sign specification will be
necessary.
SIGN INSPECTION:
A. All materials and signs in any stage of production are subject to inspection by the
Transportation Laboratory at the Contractor's sign manufacturing facility.
B. Finished signs shall not be shipped until released by the Transportation Laboratory.
INSPECTION COSTS:
Transportation Laboratory inspection costs incurred by the State at the Contractor's sign
manufacturing facility will be deducted from each invoice before the addition of taxes
and payment. The following rates apply dependent upon the zone in which the Contractor
is located.
AIR MILES FROM LOS ANGELES OR
ZONE BERKELEY INSPECTION OFFICE RATES
1 0 to 199 1.6%
2 200 to 999 4.0%
3 1000 or more 4.6%
Where fabrication takes place in more than one zone, payment will be computed on the
basis of the entire fabrication taking place in the farthest zone.
PACKAGING:
A. At a minimum, the DOT district identifier, delivery address, number of packages, and
their weights, Standard Sign Order number or Sign/Installation Order number and
Purchasing Authority Purchase Order number shall be shown on the packing list and
bill of lading for all orders.
B. All signs shall be stored and transported in conformance with the special provisions
of this contract.
C. When signs are palletized, they shall be palletized by size, the largest sign first,
then smaller signs.
D. Any pallets used shall be of a quality and construction to carry the weight and
material loaded on the pallet. Loaded pallet weights shall not exceed twenty-five
hundred (2,500) pounds. If a covered-type van trailer is used for delivery pallet,
dimensions shall not exceed forty-eight inches by forty-eight inches (48 inches x
48 inches) and the pallets shall be loaded in such a manner as to facilitate safe
unloading from the accessible direction of the van using standard forklift equipment.
E. Sign panels exceeding one hundred and forty-four (144) inches in length shall be
shipped in tier racks. Sign panels shall be shipped using contractor supplied
packaging suitable for the quantity, size, and type of sign delivered to each
location. This type of sign shall be delivered on a flatbed truck to facilitate safe
unloading by a forklift from the side at the delivery location.
F. Signs ordered for warehouse stock (denoted by a "PR. NO. 16W...." as shown on the
Purchasing Authority Purchase Order) shall be taped on all four (4) sides (top,
bottom, and both sides). Signs thirty-six (36) inches and less shall be taped in
groups of five (5) each. Signs larger than thirty-six (36) inches shall be taped in
groups of three (3) each. A minimum of two-inch (2-inch) wide, white, pressure
sensitive tape shall be used.
G. Hardware packages shall be clearly marked with either the Standard Sign Order or
Sign/Installation Order and Purchasing Authority Purchase Order numbers on the
outside of the packages.
H. A copy of all appurtenant Standard Sign Orders, Sign/Installation Orders, and
Purchasing Authority Purchase Orders shall be firmly and conspicuously affixed to
the outside of each pallet or tier rack in a packet with the following notation on
the outside of the packets:
Important Notice to Receiver--IMMEDIATE ACTION REQUIRED
Upon receiving this shipment of signs, PLEASE DATE and SIGN (your full signature, no