This is not an official Purchase Order
 |
OPEN MARKET PURCHASE ORDER |
REFERENCE COPY |
INVOICE ADDRESS:
TXDOT TXDOT -FIN, VOUCHER PROC PO NUMBER: 8-000227
125 E 11TH ST REQ NUMBER: 60129-8-3995-E
AUSTIN TX 78701-2483 PO DATE: 01/07/08
FIN_INVOICES@DOT.S TX 76704 EXPIRE DATE: 01/04/09
DESTINATION IF DIFFERENT 1-75-145-5662-4 COMP
SEE SPECIFIC INSTRUCTIONS FOR PALESTINE CONCRETE TILE CO.
EACH LINE ITEM. P.O. BOX 2508
PALESTINE TX 75802
ON BEHALF OF THE TEXAS DEPARTMENT OF TRANSPORTA-
TION (TXDOT) THIS IS A BLANKET PURCHASE ORDER FOR
READY MIX DRY CONCRETE.
AGENCY POINT-OF-CONTACT:
NAME: YVONNE BOTELLO
PHONE: 512-374-5412
EMAIL: YBOTELL@DOT.STATE.TX.US
THE FOLLOWING APPLIES TO THE ENTIRE PURCHASE
ORDER:
THE QUANTITIES SHOWN ARE ESTIMATES ONLY. NO
GUARANTEE OF ANY MINIMUM OR MAXIMUM PURCHASE IS
MADE OR IMPLIED.
THE AGENCY WILL ONLY ORDER THE AMOUNT NEEDED TO
SATISFY OPERATING REQUIREMENTS WHICH MAY BE MORE
OR LESS THAN INDICATED. THE VENDOR AGREES NOT TO
SHIP ANY MATERIALS UNTIL INSTRUCTIONS ARE
RECEIVED FROM THE AGENCY. DELIVERY WILL BE
REQUESTED EITHER IN WRITING OR VERBALLY AND
CONFIRMED IN WRITING BY THE AGENCY.
THE ISSUANCE OF A PURCHASE ORDER IS NOT A REQUEST
TO DELIVER UNLESS THE PURCHASE ORDER STATES
OTHERWISE.
THE VENDOR SHALL MAKE DELIVERY TO THE SPECIFIED
F.O.B. POINT WITHIN 30 CALENDAR DAYS FROM
NOTIFICATION TO SHIP.
THE PURCHASE ORDER EXPIRES 12 MONTHS AFTER
PURCHASE ORDER DATE. THE PURCHASE ORDER MAY
BE RENEWED FOR AN ADDITIONAL PERIOD OF TIME NOT
EXCEEDING THE ORIGINAL PERIOD OF TIME, PROVIDED
BOTH PARTIES AGREE TO DO SO IN WRITING PRIOR TO
THE EXPIRATION DATE OF THE ORIGINAL PURCHASE
ORDER.
THE RENEWED PURCHASE ORDER SHALL BE FOR THE
ORIGINAL AWARDED UNIT PRICE, TERMS AND
CONDITIONS, PLUS ANY CPA APPROVED CHANGES.
NOTICE: MULTI-TIERED ORDERS HAVE BEEN ISSUED TO
UP TO THREE (3) VENDORS WHERE POSSIBLE FOR THE
MATERIAL INCLUDED IN THIS ORDER. EACH ITEM
INDICATES THE CATEGORY OF THE AWARD, I.E.,
PRIMARY, SECONDARY OR TERTIARY.
PRIMARY VENDORS WILL BE USED FIRST, THEN
SECONDARY VENDORS, THEN TERTIARY VENDORS WHEN
THE PRECEDING VENDOR IS UNABLE TO MEET IMMEDIATE
AGENCY NEEDS.
READY MIX DRY CONCRETE MEETING REQUIREMENTS OF
ASTM C387 "STANDARD SPECIFICATIONS FOR PACKAGED
DRY, COMBINED MATERIALS FOR MORTAR AND
CONCRETE".
MATERIAL WILL BE USED TO SET TRAFFIC SIGN POSTS
AND SHOULD BE A MIX AND FOR THIS PURPOSE.
MINIMUM CALLOUT QUANTITY PER F.O.B. WILL BE 14
PALLETS.
SPECIAL INSTRUCTIONS: "SHALL BE DELIVERED ON
HEAVY DUTY MULTIPLE-USE STRINGER OR BLOCK TYPE
SOLID HARDWOOD DOUBLE FACE REVERSIBLE DECK
PALLETS WITH 4-WAY FORKLIFT ENTRY. PALLETS SHALL
BE FASTENED BY NAILS, SCREWS, OR BOLTS. STAPLE
FASTENERS ARE PROHIBITED. PALLETS SHALL BE NEW
OR LIKE NEW (PREMIUM OR GRADE A RATED) CONDITION.
PALLETS SHALL BE DESIGNED AND CONSTRUCTED TO
SUPPORT LOADS OF UP TO 3,500 LBS. WITHOUT CRACK-
ING OR DEFORMING, DURING MULTIPLE CARGO MOVES.
PALLETS WHICH DO NOT MEET THE ABOVE REQUIREMENTS
AND ARE NOT SUITABLE FOR THE INTENDED USE SHALL
BE REPLACED BY THE VENDOR WITHIN 3 BUSINESS DAYS,
AT NO ADDITIONAL COST TO TXDOT.
PALLETS OF CONCRETE MUST BE SHRINK WRAPPED WITH
ADEQUATE PLASTIC WRAP FOR RE-SHIPMENT. ALL
PALLETS SHALL BE NON-RETURNABE, APPROXIMATELY 80
BAGS PER PALLET.
DELIVERY TO BE FOB DESTINATION AND FREIGHT
PREPAID AS NO FREIGHT CHARGES WILL BE ALLOWED OR
ACCEPTED. ALL SHIPMENTS MUST BE LABELED WITH THE
PURCHASE ORDER NUMBER. FAILURE TO FOLLOW SHIPPING
AND INVOICING INSTRUCTIONS MAY RESULT IN
MERCHANDISE BEING REJECTED AT RECEIVING DOCK
WITHOUT NOTICE AND RETURNED TO THE VENDOR AT
VENDOR'S EXPENSE.
150-12
2. (TERIARY) 50400 BAG 2.48 124,992.00
CONCRETE, READY MIX (BAGGED) 40 POUND/BAG,
PRE-MIXED, TO BE SHIPPED IN 40 LB. MULTI-WALLED
WEATHERPROOF BAGS.
DHT 155295
FOB: TXDOT, (29-340)
C/O JOHN CHAMBERS
2024 HWY 46 NORTH
SEGUIN, TX 78155
TELEPHONE: (830) 379-3755
60-DAY CANCELLATION
THE PURCHASE ORDER MAY BE CANCELLED, WITHOUT
PENALTY, BY EITHER PARTY BY PROVIDING 60 DAYS
WRITTEN NOTICE TO THE OTHER PARTY. TERMINATION
UNDER THIS PARAGRAPH SHALL NOT RELIEVE THE VENDOR
OF ANY OBLIGATION OR LIABILITY THAT HAS OCCURRED
PRIOR TO CANCELLATION.
READY-MIXED CONCRETE
THE STATE OF TEXAS WILL PERMIT A "UNIT
PRICE" ADJUSTMENT QUARTERLY (EVERY 90
DAYS) BASED ON CHANGES TO THE PRODUCER
PRICE INDEX (PPI) FOR READY-MIXED
CONCRETE (COMMODITY CODE 1333)
UNLESS OTHERWISE INDICATED, THE PRICE
INDEX SHALL BE THE SPECIFIED INDEX AS
PUBLISHED BY THE U.S. DEPARTMENT OF
LABOR, BUREAU OF LABOR STATISTICS,
WASHINGTON, DC, 20212, WEB-SITE LOCATION:
http://www.bls.gov
THE BASELINE PRICE INDEX SHALL BE THE
PRICE POSTED FOR THE MONTH ON WHICH
THE BID OPENED. THE ALLOWABLE PERCENT
CHANGE SHALL BE CALCULATED BY SUB-
TRACTING THE BASELINE PRICE INDEX FROM
THE PRICE POSTED FOR THE MONTH IN WHICH
THE PRICE ADJUSTMENT IS REQUESTED (AT
LEAST 90 DAYS FROM BID OPENING) AND
DIVIDING THE RESULTS BY THE BASELINE
PRICE. THIS IS THE ALLOWABLE PERCENT
CHANGE.
SUBSEQUENT BASELINE PRICE WILL BE THE
CURRENT UNIT PRICE SUBTRACTED FROM THE
PRICE POSTED FOR THE MONTH ADJUSTMENT IS
REQUESTED (AT LEAST 90 DAYS FROM LAST
INCREASE) AND DIVIDING THE RESULTS BY
THE CURRENT BASELINE PRICE. THIS IS THE
ALLOWABLE PERCENT CHANGE.
THE ALLOWABLE PERCENT CHANGE SHALL BE
ROUNDED TO THE NEAREST ONE-HUNDREDTH
OF ONE PERCENT AND SHALL BE THE MAXIMUM
UNIT PRICE ADJUSTMENT PERMITTED. THE
VENDOR MAY OFFER PRICE DECREASES IN
EXCESS OF THE ALLOWABLE PERCENT CHANGE.
VENDOR SHALL REQUEST UNIT PRICE ADJUST-
MENTS IN WRITING IN ACCORDANCE WITH THE
PURCHASE ORDER PROVISIONS. ALL
ADJUSTMENTS SHALL BE SUPPORTED BY
ACCEPTABLE DOCUMENTATION OF THE COST
INCREASE/DECREASE. TXDOT WILL RESPOND
TO VENDORS PRICE ADJUSTMENT REQUESTS
WITHIN 30 DAYS FROM RECEIPT BY GSD
PURCHASING OFFICE.
DELIVERIES SHALL BE MADE BETWEEN 8 AM AND 4 PM
MONDAY THRU FRIDAY, EXCEPT ON REGULARLY OBSERVED
STATE OR FEDERAL HOLIDAYS.
ALL TRUCK DELIVERIES SHALL COMPLY WITH ITEM 7.8
OF THE 2004 TXDOT STANDARD SPECIFICATIONS FOR
CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS
AND BRIDGES.
VENDOR POINT-OF-CONTACT:
DELIVERY COORDINATION:
NAME: ROBERT SHELTON
PHONE NO.: 800/594-7967
FAX NO.: 903/729-2219
E-MAIL: RSHELTON@HEADWATERS.COM
ACCOUNTING AND/OR INVOICES:
NAME: BARBARA MASSEY
PHONE NO.: 800/594-7967
FAX NO.: 903/729-2219
E-MAIL: BMASSEY@HEADWATERS.COM
PIGGYBACK CLAUSE: THIS OPEN MARKET PURCHASE ORDER
IS AVAILABLE FOR USE BY ALL STATE AGENCIES AND
QUALIFIED ENTITIES PARTICIPATING IN THE TEXAS
COMPTROLLER OF PUBLIC ACCOUNTS (CPA) COOPERATIVE
PURCHASING PROGRAM (CO-OP) PROVIDING THERE IS NO
CONFLICT WITH ANY APPLICABLE STATUTES, RULES,
POLICIES OR PROCEDURES.
THIS OPEN MARKET PURCHASE ORDER WAS COMPETITIVELY
BID IN ACCORDANCE WITH APPLICABLE STATE OF TEXAS
PURCHASING STATUTES, RULES, POLICIES AND
PROCEDURES. STATE AGENCIES AND ACTIVE CPA CO-OP
ENTITIES MAY USE THE PRICES SHOWN IN THIS OPEN
MARKET PURCHASE ORDER TO ISSUE THEIR OWN PURCHASE
ORDERS. ARRANGEMENTS FOR DELIVERY OF GOODS,
INCLUDING APPLICABLE FREIGHT CHARGES IF OUTSIDE
THE ORIGINAL GEOGRAPHIC DELIVERY AREA, ARE
CONTINGENT UPON MUTUAL AGREEMENT OF THE STATE
AGENCY OR ACTIVE CPA CO-OP ENTITY AND THE
VENDOR. THE STATE AGENCY OR ACTIVE CPA CO-OP
ENTITY'S PURCHASE ORDER ISSUED AGAINST THIS OPEN
MARKET PURCHASE ORDER SHOULD REFERENCE THE CPA
ISSUED STATE OF TEXAS PURCHASE ORDER NUMBER AND
REQUISITION NUMBER AND BE SENT DIRECTLY TO THE
AWARDED VENDOR.
VENDOR COMPLIANCE: IF THE STATE AGENCY OR ACTIVE
CPA CO-OP ENTITY ENCOUNTERS RESISTANCE FROM A
VENDOR NOT COMPLYING WITH THE TERMS AND
CONDITIONS OF THIS OPEN MARKET PURCHASE ORDER,
THE STATE AGENCY OR ACTIVE CPA CO-OP ENTITY MUST
ATTEMPT TO RESOLVE THE ISSUE BY CONTACTING THE
VENDOR DIRECTLY. IF A SATISFACTORY RESOLUTION
CAN NOT BE REACHED, THE STATE AGENCY OR ACTIVE
CPA CO-OP ENTITY SHOULD FILE A VENDOR
PERFORMANCE RESOLUTION REPORT WITH THE CPA. THE
CPA IS NOT RESPONSIBLE FOR RESOLVING
NON-PERFORMANCE ISSUES INCLUDING BUT NOT LIMITED
TO FUNDING, INVOICE PROCESSING, RENEWAL OR
CANCELLATION.
ELECTRONIC FUNDS TRANSFER:
GOVERNMENT CODE ANN. 403.016 (C) (3) EFFECTIVE
SEPTEMBER 1, 1998 ALLOWS STATE AGENCIES TO
PROCESS AND TRANSMIT PAYMENTS TO VENDORS THROUGH
ELECTRONIC FUNDS TRANSFER, BETTER KNOWN AS DIRECT
DEPOSIT. AWARDED VENDORS NEEDING TO SET UP SUCH
AN ACCOUNT MAY CONTACT THIS AGENCY'S ACCOUNTS
PAYABLE AT (936) 437-8761 OR (936) 437-6357. IF
DIRECT DEPOSIT HAS ALREADY BEEN ESTABLISHED
THROUGH TDCJ OR ANOTHER STATE AGENCY, THE VENDOR
IS NOT REQUIRED TO SUBMIT A NEW AUTHORIZATION
FORM.
PAYMENT:
PAYMENT SHALL BE MADE THIRTY (30) CALENDAR DAYS
AFTER THE LATER OF (1) THE DATE AN UNCONTESTED
INVOICE IS RECEIVED, (2) THE DATE GOODS ARE
RECEIVED, AND (3) THE DATE SERVICES ARE
COMPLETED.
REFER TO TEXAS GOVERNMENT CODE, CHAPTER 2251.
SUSPENSION, DEBARMENT, AND TERRORISM: VENDOR
CERTIFIES THAT THE VENDOR AND ITS
PRINCIPALS ARE ELIGIBLE TO PARTICIPATE IN THIS
TRANSACTION AND HAVE NOT BEEN SUBJECTED TO
SUSPENSION, DEBARMENT, OR SIMILAR INELIGIBILITY
DETERMINED BY ANY FEDERAL, STATE OR LOCAL
GOVERNMENTAL ENTITY AND THAT VENDOR IS IN
COMPLIANCE WITH THE STATE OF TEXAS STATUTES AND
RULES RELATING TO PROCUREMENT AND THAT VENDOR IS
NOT LISTED ON THE FEDERAL GOVERNMENT'S TERRORISM
WATCH LIST AS DESCRIBED IN EXECUTIVE ORDER 13224.
ENTITIES INELIGIBLE FOR FEDERAL PROCUREMENT ARE
LISTED AT http://www.epls.gov
THE TEXAS HEALTH AND SAFETY CODE CHAPTER 502 SECTION 502.006 REQUIRES
CHEMICAL MANUFACTURERS AND DISTRIBUTORS TO PROVIDE MATERIAL SAFETY DATA
SHEETS (MSDS'S) FOR HAZARDOUS MATERIALS SOLD. PRODUCTS COVERED BY THIS
ACT MUST BE ACCOMPANIED BY A MATERIAL SAFETY DATA SHEET AND SUCH PRODUCTS
MUST BE LABELED IN COMPLIANCE WITH THE LAW.
***PUT REQ # AND ORDER # ON ALL PKGS*** TOTAL THIS ORDER $124,992.00
L/LOR / 29/BC005 TERMS NET 30 DAYS
DELIVERY DAYS:
This is not an official Purchase Order