8-000612

This is not an official Purchase Order

OPEN MARKET PURCHASE ORDER

REFERENCE COPY

INVOICE ADDRESS:
TXDOT TXDOT -FIN, VOUCHER PROC PO NUMBER: 8-000612
125 E 11TH ST REQ NUMBER: 60129-8-21071-C
AUSTIN TX 78701-2483 PO DATE: 06/02/08
FIN_INVOICES@DOT.S EXPIRE DATE: 06/03/10

DESTINATION IF DIFFERENT 1-42-164-2965-5 COMP
SEE SPECIFIC INSTRUCTIONS FOR TRINITY HIGHWAY PRODUCTS
EACH LINE ITEM. 2525 STEMMONS FREEWAY
DALLAS TX 75207

THIS BLANKET PURCHASE ORDER IS ON BEHALF OF THE
TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR
GUARDRAIL TERMINAL ASSEMBLIES, EXTRUDER - TYPE I,
II, AND III.

DISCOUNT: 1% IF PAID IN 10 DAYS

FEES AND NOTIFICATION:
THE VENDOR SHALL PAY ORBIS ONLINE, INC. A FEE
EQUAL TO:
1.0% PERCENT BUT NOT TO EXCEED $25,000.00
OF THE TOTAL PURCHASE ORDER OR CONTRACT AWARDED
BY CPA/TPASS.

THIS FEE WILL BE DUE AND PAYABLE TO ORBIS ONLINE,
INC. WITHIN THIRTY (30) DAYS OF VENDOR RECEIVING
PAYMENT(S) FROM THE STATE.

MANDATORY REPORTING BY VENDOR:
VENDOR AGREES TO PROVIDE ORBIS ONLINE, INC. A
COPY OF EACH PURCHASE ORDER OR CALL-OUT AS MAY
APPLY TO BLANKET PURCHASE ORDERS ISSUED BY
CPA/TPASS OR THE ORDERING AGENCY WITHIN THIRTY
(30) DAYS OF VENDOR RECEIPT OF SUCH PURCHASE
ORDER OR CALL-OUT.

HOWEVER, IN THE EVENT MULTIPLE PURCHASES ARE
BEING MADE ON A REGULAR BASIS, THE VENDOR MAY
PROVIDE ORBIS ONLINE A MONTHLY REPORT IN LIEU OF
PROVIDING INDIVIDUAL PURCHASE ORDERS OR
CALL-OUTS. THIS MONTHLY REPORT MUST CONTAIN
SUFFICIENT PURCHASE INFORMATION, INCLUDING
VENDOR'S INVOICE NUMBERS, BUYER'S PURCHASE ORDER
NUMBERS, AGENCY REQUISITION NUMBERS, DESCRIP-
TION OF PURCHASES, QUANTITIES, AND INVOICE
AMOUNTS.

IN ACCORDANCE WITH TITLE 34 OF THE TEXAS
ADMINISTRATIVE CODE, SECTION 20.108, ORBIS ONLINE
MAY FILE A VENDOR PERFORMANCE REPORT ON VENDORS
WHO FAIL TO MEET THIS REPORTING REQUIREMENT.

THE ORBIS ONLINE, INC. USER AGREEMENT CAN BE
VIEWED AT:

http://auctions.orbisonline.com/WebServices/
b2bagreement.jsp?sCustomerCode=OOB2BWS

PLEASE SUBMIT PAYMENT(S) TO:

ORBIS ONLINE, INC.
510 E. RAMSEY SUITE 1B
SAN ANTONIO, TEXAS 78216

REPORTING:

THE VENDOR SHALL PROVIDE TPASS, BY CLOSE OF
BUSINESS ON THE TENTH WORKING DAY OF EACH MONTH,
A REPORT OF THE EXPENDITURES UNDER THE CONTRACT
FOR THE PREVIOUS MONTH.

THE REPORT SHOULD BE SENT TO THE ATTENTION OF THE
TPASS CONTRACT MANAGEMENT OFFICE (CMO).
THE REPORT MAY BE SENT BY E-MAIL:
tpass_cmo@cpa.state.tx.us
OR MAILED TO:
TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
ATTN: CMO - TPASS DIVISION
PO BOX 13186
AUSTIN TX 78711-3186

TPASS CONTRACT MANAGEMENT MAY ALSO REQUEST, IN
WRITING, AD HOC REPORTS. THE REPORT(S) SHALL BE
DUE NO LATER THAN FIVE (5) WORKING DAYS FROM THE
DATE OF THE REQUEST.

FORMAT AND CONTENT OF ALL REPORTS SHALL BE
PRESCRIBED BY THE CPA/TPASS-CMO. THE DATA
ELEMENTS FOR THE REPORTS MAY INCLUDE BUT NOT
BE LIMITED TO:
-AGENCY NAME
-CPA PURCHASE ORDER NUMBER
-REQUISITION NUMBER
-CALL OUT/RELEASE NUMBER PROVIDED BY AGENCY
-PURCHASE ORDER LINE ITEM(S) PROCESSED FOR CALL
OUT/RELEASE
-QUANTITY ORDERED AND SHIPPED FOR EACH LINE ITEM
-INVOICE NUMBER AND DATE

THIS REPORTING REQUIREMENT MAY NOT APPLY TO A ONE
TIME PURCHASE, HOWEVER, TPASS-CMO RESERVES THE
RIGHT TO REQUEST A REPORT FROM THE AWARDED
VENDOR.

AGENCY POINT-OF-CONTACT:

NAME: YVONNE BOTELLO
PHONE: 512-374-5412
EMAIL: YBOTELL@DOT.STATE.TX.US

VENDOR POINT-OF-CONTACT:

NAME: TOMMY ASLIN

PHONE NO.: 214/589-8089

FAX NO.: 214/589-8423

E-MAIL: TOMMY.ASLIN@TRIN.NET

GENERAL REQUIREMENTS

VENDOR AGREES TO COMPLY WITH ALL GENERAL
REQUIREMENTS AND THE TERMS AND CONDITIONS OF THIS
PURCHASE ORDER. ANY CONFLICT BETWEEN THE GENERAL
TERMS OF THIS DOCUMENT AND THE CPA TERMS AND
CONDITIONS THESE GENERAL REQUIREMENTS SHALL
PREVAIL.

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 45 CALENDAR DAYS FROM
NOTIFICATION TO SHIP.

THE PURCHASE ORDER EXPIRES 24 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.

MINIMUM CALLOUT PER F.O.B. IS 10 SETS.

CALLOUTS NOT MEETING MINIMUM MAY HAVE FREIGHT
ADDED SEPARATELY TO INVOICE. VENDOR MUST INCLUDE
FREIGHT CHARGE ON PACKING SLIP AND INVOICE
FREIGHT AND MATERIAL TOGETHER FOR FINAL TOTAL.

STANDARD PLAN FILES SGT(7)-03A AND SGT(8)-03A ARE
BOTH AVAILABLE ON TXDOT'S INTERNET HOME PAGE AT
URL: WWW.DOT.STATE.TX.US

CLICK ON "BUSINESS", CLICK ON "CAD STANDARDS",
READ DISCLAIMER AND CLICK ON "I ACCEPT", CLICK ON
"ROADWAY STANDARDS (ENGLISH)" UNDER HEADING
"DESIGN DIVISION", SCROLL DOWN AND CLICK ON
"SGT(7)-03A" AND "SGT(8)-03A" UNDER HEADING "END
TREATMENTS/ATTENUATORS/CRASH CUSHIONS".

THE STATE OF TEXAS WILL PERMIT "UNIT PRICE"
ADJUSTMENT UPWARDLY OR DOWNWARDLY WHEN CORRE-
LATED WITH THE PRICE INDEX SPECIFIED BELOW.

UNLESS OTHERWISE INDICATED, THE PRICE INDEX SHALL
BE THE SPECIFIED INDEX AS PUBLISHED BY THE BUREAU
OF LABOR STATISTICS WASHINGTON, DC 20212.

THE BASELINE INDEX SHALL BE THE INDEX ANNOUNCED
FOR THE MONTH OF APRIL, 2008. UNIT PRICES MAY BE
ADJUSTED QUARTERLY FROM THE DATE OF THE PURCHASE
ORDER IN ACCORDANCE WITH CHANGES IN THE INDEX.

CHANGES SHALL BE CALCULATED BY SUBTRACTING THE
BASELINE INDEX FROM THE INDEX ANNOUNCED FOR THE
MONTH IN WHICH THE UNIT PRICE ADJUSTMENT IS
REQUESTED AND DIVIDING THE RESULT BY THE BASELINE
INDEX. THE ALLOWABLE PERCENT CHANGE SHALL BE
ROUNDED TO THE NEAREST ONE-HUNDREDTH OF ONE
PERCENT AND SHALL BE THE MAXIMUM UNIT PRICE
ADJUSTMENT PERMITTED, EXCEPT THE VENDOR MAY OFFER
PRICE DECREASES IN EXCESS OF THE ALLOWABLE
PERCENT CHANGE.

UNIT PRICE ADJUSTMENTS SHALL BE REQUESTED IN
WRITING TO PURCHASER'S ATTENTION. UNIT PRICE
ADJUSTMENT AGREEMENT SHALL BE CONFIRMED IN
WRITING BY PURCHASER ON PURCHASE ORDER CHANGE
NOTICE. PRICE ADJUSTMENTS BECOME EFFECTIVE ONLY
ON CALLOUTS MADE AFTER THE DATE OF THE PURCHASE
ORDER CHANGE NOTICE.

THIS INDEX MAY BE FOUND AT: WWW.BLS.GOV CLICK ON
"PRODUCER PRICE INDEXES" UNDER HEADING "INFLATION
AND CONSUMER SPENDING".

CLICK ON "COMMODITY DATA" UNDER HEADING "MOST
REQUESTED STATISTICS" UNDER "GET DETAILED PPI
STATISTICS". PLACE CHECK MARK IN BOX FOR PPI
NUMBER BELOW AND CLICK ON "RETRIEVE DATA".

"METALS AND METAL PRODUCTS WPU10" OR "STEEL MILL
PRODUCTS WPU1017"

VENDOR SHALL DELIVER PRODUCT THAT IS IN COMPLI-
ANCE WITH BUY AMERICA REQUIREMENTS AS STATED IN
THE FOLLOWING: TITLE 23, SECTION 165, SURFACE
TRANSPORTATION ASSISTANCE ACT OF 1982, AND
CHAPTER 223, SUBCHAPTER A., SECTION 223.045.,
TEXAS TRANSPORTATION CODE, AND TITLE 23, SECTION
635.410, CODE OF FEDERAL REGULATIONS AND ITEM 6:
CONTROL OF MATERIALS, SECTION 6.1.A, 'BUY
AMERICA' OF THE TXDOT STANDARD SPECIFICATIONS
FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS,
STREETS, AND BRIDGES, LATEST REVISION. USE STEEL
OR IRON MATERIALS MANUFACTURED IN THE UNITED
STATES, WITHOUT EXCEPTIONS.

ALL RAW MATERIALS SHALL BE PRODUCED IN THE U.S.
AND ALL MANUFACTURING PROCESSES SHALL OCCUR IN
THE U.S. MANUFACTURING IS DEFINED FOR THIS
PURPOSE AS ANY PROCESS THAT MODIFIES THE CHEMICAL
CONTENT; PHYSICAL SHAPE OR SIZE; OR FINAL FINISH
A PRODUCT. MANUFACTURING BEGINS WITH THE INITIAL
MELTING AND MIXING, AND FABRICATION (CUTTING,
DRILLING, WELDING, BENDING, ETC.) AND COATING
(PAINT, GALVANIZING, EPOXY, ETC.).

THE DEPARTMENT WILL REQUIRE A MILL TEST/CERTIFI-
CATION REPORT BY THE VENDOR WITH EVERY DELIVERY
OF MATERIAL. THE VENDOR MUST COMPLETE A 'MATERIAL
STATEMENT' OF NO. D-9-USA-1(1818) AND ATTACHED
SUPPORT DOCUMENTATION. THE FORM MAY BE DOWN-
LOADED FROM: WWW.DOT.STATE.TX.US (UNDER THE
HEADING 'CITIZEN' CLICK ON 'FORMS'; UNDER THE
HEADING 'FORMS' CLICK ON 'CONSTRUCTION'; UNDER
THE HEADING 'MATERIALS RELATED' CLICK ON
D-9-USA-1 (1818).

TXDOT WILL NOT ACCEPT THE GOODS DELIVERED WITHOUT
THIS DOCUMENTATION.

DELIVERIES SHALL BE MADE BETWEEN 8 AM AND 4 PM
STATE OR FEDERAL HOLIDAYS.

570-28
1. GUARDRAIL TERMINAL ASSEMBLY, EXTRUDER, TYPE I, 25 SET 1060.00 26,500.00
COMPLETE WITH HARDWARE. COMPLETE UNIT WITH ALL
PARTS PER STANDARD DRAWINGS SGT (7) 03A OR SGT
(8) 03A.

F.O.B:
POST REGIONAL SUPPLY CENTER
709 SOUTH BROADWAY
POST TX 79356
806-495-3531, FAX 806 495-3707

DHT 155360

MAKE/MANUFACTURER: TRINITY HIGHWAYPRODUCTS, LLC.

PART/PRODUCT NO.: 43ET1PALTZ.