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