8-000823

This is not an official Purchase Order

OPEN MARKET PURCHASE ORDER

REFERENCE COPY

INVOICE ADDRESS:
TXDOT AUSTIN DISTRICT PO NUMBER: 8-000823
VOUCHER PROCESSING REQ NUMBER: 60114-8-29907-C
PO BOX 15426 PO DATE: 08/19/08
AUSTIN TX 78761 EXPIRE DATE: 08/15/09

DESTINATION IF DIFFERENT 1-64-050-3423-8 COMP
VENDOR SHALL TRANSPORT UNIT(S) ERGON ASPHALT & EMULSIONS INC
TO/FROM SPECIFIED LOCATION(S) 11612 RM 2244
BLDG 1, SUITE 250
AUSTIN TX 78738

PAYMENT WILL BE MADE ON THE BASIS OF NET GALLONS
ONLY.

FOR EACH TRUCK DELIVERING MATERIAL, THE STATE
SHALL BE FURNISHED DOCUMENTATION OF CERTIFIED
SCALE WEIGHTS SHOWING GROSS, TARE, AND NET
WEIGHTS.

FREIGHT BILL OR HAUL TICKET ISSUED USING SCALES
WITH CURRENT CERTIFICATION BY THE TEXAS
DEPARTMENT OF AGRICULTURE, SHOWING GROSS TARE
AND NET WEIGHT, GROSS GALLONS, NET GALLONS AND
POUNDS PER GALLON TO THE FOB POINT SPECIFIED
SHALL BE INCLUDED WITH INVOICE.

ALL DELIVERY VEHICLES SHALL BE EQUIPPED WITH A
TOP HATCH TO ALLOW FOR PRODUCT SAMPLING AND
BE EQUIPPED WITH A PUMP AND HOSE TO DISPENSE
MATERIAL INTO TXDOT STORAGE TANKS AND TRUCKS.
ALL PUMP FEES SHALL BE INCLUDED IN THE
PRICE PER GALLON.

UPON DELIVERY, MATERIAL TEMPERATURE SHALL COMPLY
WITH TEMPERATURE RANGE SHOWN IN ITEM 300,
TABLE 19.

UPON DELIVERY, VENDOR AND TXDOT SHALL PULL TWO
(2) SAMPLES IN ACCORDANCE WITH TXDOT TEST METHOD
TEX-500-C, SECTION 4, PART III.

ALL SAMPLING WILL BE WITNESSED BY A TXDOT REPRE-
SENTATIVE.

SAMPLE WILL BE TESTED BY A TXDOT LABORATORY FOR
SPECIFICATION COMPLIANCE UPON RECEIPT.

IF MATERIAL FAILS TO MEET SPECIFICATIONS VENDOR
WILL BE NOTIFIED BY FAX OR MAIL.

TWO (2) SAMPLES SHALL BE PROVIDED TO TXDOT.
ONE (1) OF THE SAMPLES SHALL STAY IN TXDOT'S
POSSESSION IN THE EVENT FURTHER TESTING IS
NEEDED. THE VENDOR MUST MAKE THE REQUEST FOR
ANY ADDITIONAL TESTING WITHIN FIVE (5) WORKING
DAYS OF RECEIVING THE FAILING TEST RESULTS FROM
THE TXDOT AUSTIN DISTRICT LAB. TXDOT WILL SUBMIT
THE REMAINING SAMPLE TO BE TESTED BY THE
CONSTRUCTION DIVISION, MATERIALS AND PAVEMENTS
SECTION(CST-M&P)

IF THE SECOND SAMPLE FAILS TESTING, THE VENDOR
SHALL REIMBURSE TXDOT FOR THE 2ND TESTING. IF
THE CST-M&P LAB SUPPORTS THE TXDOT AUSTIN
DISTRICT'S LAB RESULTS, THE FAILURE STANDS AND
CANNOT BE CHALLENGED FURTHER.

TXDOT WILL PROVIDE THE SAMPLING DEVICE AND
SAMPLE CONTAINER, LABEL THE SAMPLE CONTAINER
AND COMPLETE FORM 202. SHOULD VENDOR REFUSE TO
PULL SAMPLE, MATERIA MAY BE REJECTED.

TEST METHOD TEX-500-C IS LOCATED AT:

HTTP://WWW.DOT.STATE.TX.US/SERVICES/
CONSTRUCTION/TEST_PROCEDURES/

TESTING WILL TAKE NOT MORE THAN FOURTEEN (14)
WORKING DAYS. PAYMENT WILL BE MADE WITHIN THIRTY
(30) DAYS AFTER TESTS HAVE BEEN COMPLETED AND
MATERIALS ARE FOUND TO MEET SPECIFICATIONS OR THE
DAY ON WHICH THE CORRECT INVOICE FOR MATERIAL
WAS RECEIVED, WHICHEVER IS LATER.

AFTER A SAMPLE HAS BEEN OBTAINED, MATERIAL WILL
EITHER BE USED FOR OPTION 1 (IMMEDIATE SURFACE
TREATMENT), OR OPTION 2 (STORAGE FOR LATER USE).

OPTION 1 - IMMEDIATE SURFACE TREATMENT:

WHEN OPTION 1 IS SPECIFIED AT THE TIME OF ORDER,
MATERIAL WILL BE APPLIED TO THE ROAD IMMEDIATELY
AFTER SAMPLING.

SHOULD TEST RESULTS SHOW THE MATERIAL FAILS TO
COMPLY WITH THE REFERENCED SPECIFICATION, VENDOR
SHALL DELIVER NEW MATERIAL, IN THE AMOUNT
ORIGINALLY ORDERED. IF THE MATERIAL IS PLACED ON
THE ROADWAY AND IS LATER DETERMINED NOT TO MEET
SPECIFICATIONS, VENDOR WILL BE RESPONSIBLE FOR
PROMPT PAYMENT OF ALL COSTS ASSOCIATED WITH TXDOT
REMOVAL AND REPLACEMENT OF MATERIAL.

PAYMENT WILL NOT BE ISSUED FOR FAILED MATERIAL
APPLIED TO ROAD SURFACE.

OPTION 2 - STORAGE FOR LATER USE:

WHEN OPTION 2 IS SPECIFIED AT TIME OF ORDER,
MATERIAL WILL BE DISPENSED INTO A TXDOT
STORAGE TANK, AFTER TAKING SAMPLE. TANK MAY
CONTAIN SPECIFICATION COMPLIANT MATERIAL AT
TIME OF DELIVERY.

SHOULD MATERIAL DISPENSED INTO TANK FAIL
TESTING, VENDOR SHALL REMOVE NON-SPEC MATERIAL
FROM TXDOT STORAGE TANK, WITHIN TEN (10)
WORKING DAYS OF FAILURE NOTIFICATION.

REMOVAL SHALL INCLUDE THE ENTIRE TANK CONTENTS,
UP TO 6500 GALLONS, AS TANK MAY CONTAIN SPECI-
FICATION COMPLIANT MATERIAL THAT HAS BEEN
CONTAMINATED BY VENDOR'S PRODUCT.

VENDOR WILL BE RESPONSIBLE FOR PROMPT PAYMENT OF
ALL COSTS ASSOCIATED WITH TXDOT REMOVAL AND
REPLACEMENT OF MATERIAL THAT FAILS TESTING.

745-10
1. ASPHALT, EMULSIFIED, POLYMER, (HOMOGENEOUS), IN 102000 GAL 2.85 290,700.00
ACCORDANCE WITH ITEM 300 OF THE TXDOT 2004
STANDARD SPECIFICATIONS FOR THE CONSTRUCTION OF
HIGHWAYS, STREETS & BRIDGES.