This is not an official Purchase Order


OPEN MARKET PURCHASE ORDER


REFERENCE COPY


     INVOICE ADDRESS:
     TXDOT -FIN, VOUCHER PROCESSING                           PO NUMBER:  9-000098
     FIN_INVOICES@DOT.STATE.TX.US                            REQ NUMBER:  60129-9-1223-A
     125 E 11TH ST                                              PO DATE:  11/25/08
     AUSTIN TX 78701                                        EXPIRE DATE:  11/24/10
 
     DESTINATION IF DIFFERENT                              1-76-065-7549-0    COMP
     SEE SPECIFIC INSTRUCTIONS FOR                           INTERNATIONAL ROADWAY RESEARCH
     EACH LINE ITEM.                                         14702 MARINE ROAD
                                                             HUMBLE TX 77396
        THIS IS A BLANKET PURCHASE ORDER ON BEHALF OF THE
        TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) HAS
        ESTABLISH A BLANKET PURCHASE ORDER FOR PATCHING
        MIX, ASPHALT CONCRETE, CONTAINERIZED, AS PRODUCED
        BY INTERNATIONAL ROADWAY RESEARCH.
        AGENCY POINT-OF-CONTACT:
 
        NAME: ROSE ATOM, CTPM
 
        PHONE: 512/374-5408
 
        FAX NUMBER: 512/374-5484
 
        E-MAIL: RATOM@DOT.STATE.TX.US
        VENDOR'S POINT OF CONTACT INFORMATION:
 
        DELIVERY COODINATION/ACCOUNTING AND/OR INVOICES:
 
        NAME: LINDA TRAHAN AND/OR BILL YOST
 
        TELEPHONE NO.: 281/441-3558
 
        FAX NO.: 281/441-3538
 
        E-MAIL: ORDER@ROADWAYRESEARCH.COM
        REPORTING:
 
        THE VENDOR SHALL PROVIDE TPASS, BY CLOSE OF
        BUSINESS ON THE TENTH (10th) WORKING DAY OF EACH
        MONTH, A REPORT OF THEIR SALES UNDER THE CONTRACT
        FOR THE PREVIOUS MONTH. FORMAT AND CONTENT OF ALL
        SALES REPORTS ARE PRESCRIBED BY THE CPA AND WILL
        BE E-MAILED TO THE AWARDED VENDOR.
 
        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
 
        CPA MAY ALSO REQUEST, IN WRITING OR VIA E-MAIL,
        ADDITIONAL OR MORE DETAILED REPORTS. THE
        REPORTS(S) SHALL BE DUE NO LATER THAN FIVE (5)
        WORKING DAYS FROM THE VENDOR'S RECEIPT OF THE
        REQUEST. UNLESS THE VENDOR CAN PROVE LATER
        RECEIPT, THE MAILED REQUEST FOR REPORT SHALL BE
        DEEMED RECEIVED THREE (3) DAYS AFTER MAILING.
 
        THIS REPORTING REQUIREMENT DOES NOT APPLY TO A
        ONE TIME PURCHASE; HOWEVER, CPA RESERVES THE
        RIGHT TO REQUEST SUCH REPORTS FROM THE VENDOR
        UNDER A ONE TIME CONTRACT.
        THESE SPECIFICATIONS WERE ADVERTISED UNDER
        TX. GOV'T. CODE CHAPTER 2155.067. ITEMS MUST
        CONFORM EXACTLY TO THESE SPECIFICATIONS.
        "CONFORMING EXACTLY TO THESE SPECIFICATIONS"
        INCLUDES THE BRAND NAME(S), MAKE AND MODEL
        NUMBER SPECIFIED.
        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.
        THE FOLLOWING IS A BLANKET ORDER FOR PATCHING
        MIX, ASPHALT CONCRETE, CONTAINERIZED. 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. 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 15 CALENDAR DAYS
        FROM NOTIFICATION TO SHIP.
 
        PURCHASE ORDER EXPIRES DECEMBER 31 2009. THE
        PURCHASE ORDER MAY BE RENEWED FOR UP TO TWO (2)
        12 MONTH PERIODS PROVIDED BOTH PARTIES AGREE IN
        WRITING PRIOR TO THE EXPIRATION DATE. THE
        RENEWED PURCHASE ORDER SHALL BE FOR THE ORIGINAL
        PURCHASE ORDER UNIT PRICE, TERMS AND CONDITIONS,
        PLUS ANY APPROVED CHANGES.
        VENDOR SHALL GUARANTEE SHELF LIFE ON MATERIAL
        OFFERED TO BE AT LEAST TWELVE (12) MONTHS FROM
        DATE OF RECEIPT WITH THE MATERIAL STORED IN A
        DRY LOCATION. VENDOR GUARANTEES TO REPLACE ANY
        CONTAINERS WHICH FAIL TO MEET SPECIFICATIONS IF
        USED WITHIN THE TWELVE (12) MONTH PERIOD.
 
        CLASS 1 PATCHING MIX - DENSE GRADED THAT MAY BE
        BID SHALL MEET DEPARTMENTAL MATERIAL SPECIFICA-
        TION DMS-9203, REVISED JANUARY 2006 1/06. DMS
        SPECIFICATION CAN BE FOUND AT TXDOT WEBSITE:
 
        ALL COSTS FOR TESTING PERFORMED BY TXDOT SHALL BE
        BORNE BY THE REQUESTOR IN THE EVENT THE PRODUCT
        TESTED FAILS TO MEET OR EXCEED ALL CONDITIONS AND
        REQUIREMENTS OF THE SPECIFICATION.
        DELIVERY REQUIREMENTS: MATERIAL SHALL BE
        DELIVERED ON HEAVY DUTY MULTIPLE-USE STRINGER OR
        BLOCK TYPE SOLID HARDWOOD DOUBLEFACE 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 DESIGNATED WEIGHT WITHOUT CRACKING 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.
 
        745-67
    1.  PATCHING MIX, ASPHALT CONCRETE, CONTAINERIZED, IN         48996   BKT      15.44  756,498.24
        ACCORDANCE WITH TXDOT SPECIFICATION DMS-9203,
        LATEST REVISION, RAPID CURING ASPHALTIC CONCRETE,
        CLASS I 50 LB. BUCKET, 1800 LBS. TO THE PALLET,
        24 PALLETS TO A 43,200 LB. TRUCKLOAD, TRUCKLOAD
        MINIMUM, DENSE GRADED. AS PRODUCED BY
        INTERNATIONAL ROADWAY RESEARCH ONLY.
 
        DHT 35909
 
        F.O.B.:
        TXDOT  (29-320)
        C/O  DARYL STARKES
        2400 N.E. LOOP 7
        ATHENS, TX 75752
        TELEPHONE: (903) 675-4369
 
 
    2.  PATCHING MIX, ASPHALT CONCRETE, CONTAINERIZED, IN         13824   BKT      16.25  224,640.00
        ACCORDANCE WITH TXDOT SPECIFICATION DMS-9203,
        LATEST REVISION RAPID CURING ASPHALTIC CONCRETE,
        CLASS I 50 LB. BUCKET, 1800 LBS. TO THE PALLET,
        24 PALLETS TO A 43,200 LB. TRUCKLOAD, TRUCKLOAD
        MINIMUM, DENSE GRADED. AS PRODUCED BY
        INTERNATIONAL ROADWAY RESEARCH ONLY.
 
        DHT 35909
 
        F.O.B.:
        TXDOT  (29-330)
        C/O   DARRELL REECE
        709 S. BROADWAY
        POST, TX 79356
        TELEPHONE: (806) 495-3531
 
 
    3.  PATCHING MIX, ASPHALT CONCRETE, CONTAINERIZED, IN         18252   BKT      15.44  281,810.88
        ACCORDANCE WITH TXDOT SPECIFICATION DMS-9203,
        LATEST REVISION RAPID CURING ASPHALTIC CONCRETE,
        CLASS I 50 LB. BUCKET, 1800 LBS. TO THE PALLET,
        24 PALLETS TO A 43,200 LB. TRUCKLOAD, TRUCKLOAD
        MINIMUM, DENSE GRADED. AS PRODUCED BY
        INTERNATIONAL ROADWAY RESEARCH ONLY.
 
        DHT 35909
 
        F.O.B.:
        TXDOT  (29-340)
        C/O JOHN CHAMBERS
        2024 HWY 46 NORTH
        SEGUIN, TX 78155
        TELEPHONE:  (830) 379-3755
        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 SHALL NOTIFY CONSIGNEE 24 HOURS PRIOR TO
        SHIPMENT OF MATERIAL.
        THE GOODS OR MATERIALS ORDERED WILL BE TESTED
        UPON RECEIPT. TESTING WILL TAKE NOT MORE THAN
        19 WORKING DAYS. PAYMENT WILL BE MADE WITHIN
        30 DAYS AFTER TESTS HAVE BEEN COMPLETED AND
        GOODS OR MATERIALS ARE FOUND TO MEET
        SPECIFICATIONS OR THE DAY ON WHICH THE CORRECT
        INVOICE FOR GOODS OR MATERIALS WAS RECEIVED,
        WHICHEVER IS LATER.
        PRICE ADJUSTMENT FOR PETROLEUM REFINERIES -
        ASPHALT:
 
        THE STATE OF TEXAS WILL PERMIT A "UNIT PRICE"
        ADJUSTMENT EVERY 90 DAYS, AFTER DATE OF AWARD,
        BASED ON CHANGES TO THE PRODUCER PRICE INDEX
        (PPI) FOR PETROLEUM REFINERIES, ASPHALT,
        PCU3241103241109-INDUSTRY DATA.
 
        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 INDEX SHALL BE THE PRICE POSTED FOR
        THE MONTH ON WHICH THE BID OPENED. THE ALLOWABLE
        PERCENT CHANGE SHALL BE CALCULATED BY SUBTRACTING
        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 ADJUSTMENTS 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 VENDOR'S PRICE
        ADJUSTMENT REQUESTS WITHIN 30 DAYS FROM RECEIPT
        BY THE GSD PURCHASING OFFICE.
        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.
        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
         ***PUT REQ # AND ORDER # ON ALL PKGS***           TOTAL THIS ORDER            $1,262,949.12
 
  L/RIC /       12/BC007                               TERMS   NET     30  DAYS
                                                       DELIVERY DAYS: 14
 

This is not an official Purchase Order