This is not an official Purchase Order


OPEN MARKET PURCHASE ORDER


REFERENCE COPY


     INVOICE ADDRESS:
     TXDOT CORPUS CHRISTI DISTRICT                            PO NUMBER:  8-000253
     VOUCHER PROCESSING                                      REQ NUMBER:  60116-8-11441-B
     PO BOX 9907                                                PO DATE:  01/15/08
     CORPUS CHRISTI TX 78469                                EXPIRE DATE:  01/14/09
 
     DESTINATION IF DIFFERENT                              1-57-121-5443-2    COMP
     SEE SPECIFIC INSTRUCTIONS FOR                           SEMMATERIALS, L.P.
     EACH LINE ITEM.                                         701 BRAZOS, SUITE 490
                                                             AUSTIN TX 78701
        THIS PURCHASE ORDER IS ON BEHALF OF THE TEXAS
        DEPARTMENT OF TRANSPORTATION (TXDOT) TO ESTABLISH
        A BLANKET PURCHASE ORDER FOR ASPHALT, EMULSIFIED,
        HIGH FLOAT, RAPID SETTING.
        AGENCY POINT-OF-CONTACT:
 
        NAME:   PATSY CAMPOS
        PHONE:  512-374-5409
        EMAIL:  PCAMPO1@DOT.STATE.TX.US
        VENDOR POINT-OF-CONTACT:
 
        DELIVERY COORDINATION:
 
        NAME: TIM FRANK
 
        PHONE NO.: 361/289-6147
 
        FAX NO.: 361/289-8297
 
        E-MAIL: TFRANK@SEMGROUPLP.COM
 
        ACCOUNTING AND/OR INVOICES:
 
        NAME: TASHA HARP
 
        PHONE NO.: 918/524-8535
 
        FAX NO.: 918/524-8635
 
        E-MAIL: THARP@SEMGROUPLP.COM
        THE FOLLOWING APPLIES TO THE ENTIRE PURCHASE
        ORDER:
 
        THE ASPHALT IS TO BE DELIVERED IN TANK TRUCKS
        EQUIPPED WITH BOOSTER PUMPS.
        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 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 3 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.
        DELIVERY WILL BE F.O.B. DESTINATION. ALL FREIGHT
        CHARGES INCLUDED IN THE UNIT PRICE.
 
        745-08
    1.  ASPHALT, EMULSIFIED, HIGH FLOAT, RAPID SETTING,             600   TON     360.72  216,432.00
        GRADE HFRS-2 IN ACCORDANCE WITH ITEM 300
        OF THE TXDOT 2004 STANDARD SPECIFICATIONS FOR THE
        CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES.
 
        FOB: TRUCK DELIVERY TO TXDOT MAINTENANCE
        WAREHOUSE YARD ON FM1352 IN THE CITY LIMITS OF
        ALICE, TEXAS 78333
 
        CONSIGNEE: NOEL IBARRA, AUTH 301,
        TELEPHONE: (361) 664-4801
        FREIGHT INCLUDED IN THE UNIT PRICE.
 
        TXDOT RESERVES THE RIGHT TO DIVERT MATERIAL TO
        ANOTHER DELIVERY LOCATION.
 
        THE FREIGHT RATE BELOW FOR USE ONLY WHEN DELIVERY
        IS DIVERTED TO A F.O.B. LOCATION OTHER THAN THAT
        SHOWN FOR THIS LINE ITEM.
 
        FREIGHT RATE OF:
 
        $.50 PER TON, PER MILE AS SPECIFIED FOR THIS
        LINE ITEM.
 
        SHIPPING FROM:
 
        6746 UP RIVER ROAD, CORPUS CHRISTI, TX 78469
            ADDRESS OF VENDOR'S SHIPPING LOCATION
 
        NUMBER OF HAUL MILES: 44
        (VENDOR'S SHIPPING LOCATION TO THE FOB POINT
        SHOWN FOR THIS ITEM.)
 
 
    2.  ASPHALT, EMULSIFIED, HIGH FLOAT, RAPID SETTING,             600   TON     361.89  217,134.00
        GRADE HFRS-2 IN ACCORDANCE WITH ITEM 300
        OF THE TXDOT 2004 STANDARD SPECIFICATIONS FOR THE
        CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES.
 
        FOB: TRUCK DELIVERY TO TXDOT MAINTENANCE
        WAREHOUSE YARD AT 662 U.S. 181 NORTH, BEEVILLE,
        TX 78102
 
        CONSIGNEE: RODNEY CHESSER, AUTH 302,
        TELEPHONE: (361)-358-3178
        FREIGHT INCLUDED IN THE UNIT PRICE.
 
        TXDOT RESERVES THE RIGHT TO DIVERT MATERIAL TO
        ANOTHER DELIVERY LOCATION.
 
        THE FREIGHT RATE BELOW FOR USE ONLY WHEN DELIVERY
        IS DIVERTED TO A F.O.B. LOCATION OTHER THAN THAT
        SHOWN FOR THIS LINE ITEM.
 
        FREIGHT RATE OF:
 
        $.50 PER TON, PER MILE AS SPECIFIED FOR THIS
        LINE ITEM.
 
        SHIPPING FROM:
 
        6746 UP RIVER ROAD, CORPUS CHRISTI, TX 78469
            ADDRESS OF VENDOR'S SHIPPING LOCATION
 
        NUMBER OF HAUL MILES: 56
        (VENDOR'S SHIPPING LOCATION TO THE FOB POINT
        SHOWN FOR THIS ITEM.)
 
 
    3.  ASPHALT, EMULSIFIED, HIGH FLOAT, RAPID SETTING,             600   TON     358.38  215,028.00
        GRADE HFRS-2 IN ACCORDANCE WITH ITEM 300
        OF THE TXDOT 2004 STANDARD SPECIFICATIONS FOR THE
        CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES.
 
        FOB: TRUCK DELIVERY TO TXDOT MAINTENANCE
        WAREHOUSE YARD ON 844 N.P.I.D., CORPUS CHRISTI,
        TX 78416
 
        CONSIGNEE: JIM JENNINGS, AUTH 303,
        TELEPHONE: (361) 289-1400
        FREIGHT INCLUDED IN THE UNIT PRICE.
 
        TXDOT RESERVES THE RIGHT TO DIVERT MATERIAL TO
        ANOTHER DELIVERY LOCATION.
 
        THE FREIGHT RATE BELOW FOR USE ONLY WHEN DELIVERY
        IS DIVERTED TO A F.O.B. LOCATION OTHER THAN THAT
        SHOWN FOR THIS LINE ITEM.
 
        FREIGHT RATE OF:
 
        $.50 PER TON, PER MILE AS SPECIFIED FOR THIS
        LINE ITEM.
 
        SHIPPING FROM:
 
        6746 UP RIVER ROAD, CORPUS CHRISTI, TX 78469
            ADDRESS OF VENDOR'S SHIPPING LOCATION
 
        NUMBER OF HAUL MILES: 8
        (VENDOR'S SHIPPING LOCATION TO THE FOB POINT
        SHOWN FOR THIS ITEM.)
 
 
    4.  ASPHALT, EMULSIFIED, HIGH FLOAT, RAPID SETTING,             600   TON     362.51  217,506.00
        GRADE HFRS-2 IN ACCORDANCE WITH ITEM 300
        OF THE TXDOT 2004 STANDARD SPECIFICATIONS FOR THE
        CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES.
 
        FOB: TRUCK DELIVERY TO TXDOT MAINTENANCE
        WAREHOUSE YARD ON MILAM ST & US 281, NORTH GEORGE
        WEST, TX 78022-0000
 
        CONSIGNEE: WALLY VILLARREAL, AUTH. 304,
        TELEPHONE: (361) 449-1918
        CLAUSE 35
        FREIGHT INCLUDED IN THE UNIT PRICE.
 
        TXDOT RESERVES THE RIGHT TO DIVERT MATERIAL TO
        ANOTHER DELIVERY LOCATION.
 
        THE FREIGHT RATE BELOW FOR USE ONLY WHEN DELIVERY
        IS DIVERTED TO A F.O.B. LOCATION OTHER THAN THAT
        SHOWN FOR THIS LINE ITEM.
 
        FREIGHT RATE OF:
 
        $.50 PER TON, PER MILE AS SPECIFIED FOR THIS
        LINE ITEM.
 
        SHIPPING FROM:
 
        6746 UP RIVER ROAD, CORPUS CHRISTI, TX 78469
            ADDRESS OF VENDOR'S SHIPPING LOCATION
 
        NUMBER OF HAUL MILES: 63
        (VENDOR'S SHIPPING LOCATION TO THE FOB POINT
        SHOWN FOR THIS ITEM.)
 
 
    5.  ASPHALT, EMULSIFIED, HIGH FLOAT, RAPID SETTING,             600   TON     362.51  217,506.00
        GRADE HFRS-2 IN ACCORDANCE WITH ITEM 300
        OF THE TXDOT 2004 STANDARD SPECIFICATIONS FOR THE
        CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES.
 
        FOB: TRUCK DELIVERY TO TXDOT MAINTENANCE
        WAREHOUSE YARD ON 803 N PEARL ST., GOLIAD,
        TX 77963
 
        CONSIGNEE: CESAR RODRIGUEZ, AUTH. 305,
        TELEPHONE: (361) 645-3452
        FREIGHT INCLUDED IN THE UNIT PRICE.
 
        TXDOT RESERVES THE RIGHT TO DIVERT MATERIAL TO
        ANOTHER DELIVERY LOCATION.
 
        THE FREIGHT RATE BELOW FOR USE ONLY WHEN DELIVERY
        IS DIVERTED TO A F.O.B. LOCATION OTHER THAN THAT
        SHOWN FOR THIS LINE ITEM.
 
        FREIGHT RATE OF:
 
        $.50 PER TON, PER MILE AS SPECIFIED FOR THIS
        LINE ITEM.
 
        SHIPPING FROM:
 
        6746 UP RIVER ROAD, CORPUS CHRISTI, TX 78469
            ADDRESS OF VENDOR'S SHIPPING LOCATION
 
        NUMBER OF HAUL MILES: 68
        (VENDOR'S SHIPPING LOCATION TO THE FOB POINT
        SHOWN FOR THIS ITEM.)
 
 
    6.  ASPHALT, EMULSIFIED, HIGH FLOAT, RAPID SETTING,             600   TON     366.49  219,894.00
        GRADE HFRS-2 IN ACCORDANCE WITH ITEM 300
        OF THE TXDOT 2004 STANDARD SPECIFICATIONS FOR THE
        CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES.
 
        FOB: TRUCK DELIVERY TO TXDOT MAINTENANCE
        WAREHOUSE YARD ON US 181 AT CREWS STREET, KARNES
        CITY, TX 78118
 
        CONSIGNEE: BRUCE BUTLER, AUTH. 306,
        TELEPHONE: (830) 780-3132
        FREIGHT INCLUDED IN THE UNIT PRICE.
 
        TXDOT RESERVES THE RIGHT TO DIVERT MATERIAL TO
        ANOTHER DELIVERY LOCATION.
 
        THE FREIGHT RATE BELOW FOR USE ONLY WHEN DELIVERY
        IS DIVERTED TO A F.O.B. LOCATION OTHER THAN THAT
        SHOWN FOR THIS LINE ITEM.
 
        FREIGHT RATE OF:
 
        $.50 PER TON, PER MILE AS SPECIFIED FOR THIS
        LINE ITEM.
 
        SHIPPING FROM:
 
        6746 UP RIVER ROAD, CORPUS CHRISTI, TX 78469
            ADDRESS OF VENDOR'S SHIPPING LOCATION
 
        NUMBER OF HAUL MILES: 93
        (VENDOR'S SHIPPING LOCATION TO THE FOB POINT
        SHOWN FOR THIS ITEM.)
 
 
    7.  ASPHALT, EMULSIFIED, HIGH FLOAT, RAPID SETTING,             600   TON     359.47  215,682.00
        GRADE HFRS-2 IN ACCORDANCE WITH ITEM 300
        OF THE TXDOT 2004 STANDARD SPECIFICATIONS FOR THE
        CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES.
 
        FOB: TRUCK DELIVERY TO TXDOT MAINTENANCE
        WAREHOUSE YARD AT 1802 NORTH 14TH STREET IN THE
        CITY LIMITS OF KINGSVILLE, TEXAS 78363
 
        CONSIGNEE: MIKE FLORES, AUTH. 307,
        TELEPHONE: (361) 592-7361
        FREIGHT INCLUDED IN THE UNIT PRICE.
 
        TXDOT RESERVES THE RIGHT TO DIVERT MATERIAL TO
        ANOTHER DELIVERY LOCATION.
 
        THE FREIGHT RATE BELOW FOR USE ONLY WHEN DELIVERY
        IS DIVERTED TO A F.O.B. LOCATION OTHER THAN THAT
        SHOWN FOR THIS LINE ITEM.
 
        FREIGHT RATE OF:
 
        $.50 PER TON, PER MILE AS SPECIFIED FOR THIS
        LINE ITEM.
 
        SHIPPING FROM:
 
        6746 UP RIVER ROAD, CORPUS CHRISTI, TX 78469
            ADDRESS OF VENDOR'S SHIPPING LOCATION
 
        NUMBER OF HAUL MILES: 39
        (VENDOR'S SHIPPING LOCATION TO THE FOB POINT
        SHOWN FOR THIS ITEM.)
 
 
    8.  ASPHALT, EMULSIFIED, HIGH FLOAT, RAPID SETTING,             600   TON     358.38  215,028.00
        GRADE HFRS-2 IN ACCORDANCE WITH ITEM 300
        OF THE TXDOT 2004 STANDARD SPECIFICATIONS FOR THE
        CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES.
 
        FOB: TRUCK DELIVERY TO TXDOT MAINTENANCE
        WAREHOUSE YARD ON US 77, 2.5 MILES SOUTH OF
        ROBSTOWN, TEXAS 78380
 
        CONSIGNEE: JOEL LONGORIA, AUTH. 308,
        TELEPHONE: (361) 387-4942
        FREIGHT INCLUDED IN THE UNIT PRICE.
 
        TXDOT RESERVES THE RIGHT TO DIVERT MATERIAL TO
        ANOTHER DELIVERY LOCATION.
 
        THE FREIGHT RATE BELOW FOR USE ONLY WHEN DELIVERY
        IS DIVERTED TO A F.O.B. LOCATION OTHER THAN THAT
        SHOWN FOR THIS LINE ITEM.
 
        FREIGHT RATE OF:
 
        $.50 PER TON, PER MILE AS SPECIFIED FOR THIS
        LINE ITEM.
 
        SHIPPING FROM:
 
        6746 UP RIVER ROAD, CORPUS CHRISTI, TX 78469
            ADDRESS OF VENDOR'S SHIPPING LOCATION
 
        NUMBER OF HAUL MILES: 17
        (VENDOR'S SHIPPING LOCATION TO THE FOB POINT
        SHOWN FOR THIS ITEM.)
 
 
    9.  ASPHALT, EMULSIFIED, HIGH FLOAT, RAPID SETTING,             600   TON     359.47  215,682.00
        GRADE HFRS-2 IN ACCORDANCE WITH ITEM 300
        OF THE TXDOT 2004 STANDARD SPECIFICATIONS FOR THE
        CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES.
 
        FOB: TRUCK DELIVERY TO TXDOT MAINTENANCE
        WAREHOUSE YARD AT 1401 FM 3036 APPROXIMATELY 0.5
        MI. WEST OF SH35 IN FULTON, TEXAS 78382
 
        CONSIGNEE: RUDY RIVERA, AUTH. 309,
        TELEPHONE: (361) 729-2411
        FREIGHT INCLUDED IN THE UNIT PRICE.
 
        TXDOT RESERVES THE RIGHT TO DIVERT MATERIAL TO
        ANOTHER DELIVERY LOCATION.
 
        THE FREIGHT RATE BELOW FOR USE ONLY WHEN DELIVERY
        IS DIVERTED TO A F.O.B. LOCATION OTHER THAN THAT
        SHOWN FOR THIS LINE ITEM.
 
        FREIGHT RATE OF:
 
        $.50 PER TON, PER MILE AS SPECIFIED FOR THIS
        LINE ITEM.
 
        SHIPPING FROM:
 
        6746 UP RIVER ROAD, CORPUS CHRISTI, TX 78469
            ADDRESS OF VENDOR'S SHIPPING LOCATION
 
        NUMBER OF HAUL MILES: 33
        (VENDOR'S SHIPPING LOCATION TO THE FOB POINT
        SHOWN FOR THIS ITEM.)
 
 
   10.  ASPHALT, EMULSIFIED, HIGH FLOAT, RAPID SETTING,             600   TON     358.38  215,028.00
        GRADE HFRS-2 IN ACCORDANCE WITH ITEM 300
        OF THE TXDOT 2004 STANDARD SPECIFICATIONS FOR THE
        CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES.
 
        FOB: TRUCK DELIVERY TO TXDOT MAINTENANCE
        WAREHOUSE YARD ON US 181 EAST OF SINTON, TEXAS
        78387
 
        CONSIGNEE: ROSENDO MORENO, AUTH. 310,
        TELEPHONE: (361) 364-1811
        FREIGHT INCLUDED IN THE UNIT PRICE.
 
        TXDOT RESERVES THE RIGHT TO DIVERT MATERIAL TO
        ANOTHER DELIVERY LOCATION.
 
        THE FREIGHT RATE BELOW FOR USE ONLY WHEN DELIVERY
        IS DIVERTED TO A F.O.B. LOCATION OTHER THAN THAT
        SHOWN FOR THIS LINE ITEM.
 
        FREIGHT RATE OF:
 
        $.50 PER TON, PER MILE AS SPECIFIED FOR THIS
        LINE ITEM.
 
        SHIPPING FROM:
 
        6746 UP RIVER ROAD, CORPUS CHRISTI, TX 78469
            ADDRESS OF VENDOR'S SHIPPING LOCATION
 
        NUMBER OF HAUL MILES: 26
        (VENDOR'S SHIPPING LOCATION TO THE FOB POINT
        SHOWN FOR THIS ITEM.)
 
 
   11.  ASPHALT, EMULSIFIED, HIGH FLOAT, RAPID SETTING,             600   TON     360.72  216,432.00
        GRADE HFRS-2 IN ACCORDANCE WITH ITEM 300
        OF THE TXDOT 2004 STANDARD SPECIFICATIONS FOR THE
        CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES.
 
        FOB: TRUCK DELIVERY TO TXDOT MAINTENANCE
        WAREHOUSE YARD ON US 77 IN REFUGIO, TEXAS 78377
 
        CONSIGNEE: ABEL SOLIS, AUTH 311,
        TELEPHONE: (361) 526-4421
        FREIGHT INCLUDED IN THE UNIT PRICE.
 
        TXDOT RESERVES THE RIGHT TO DIVERT MATERIAL TO
        ANOTHER DELIVERY LOCATION.
 
        THE FREIGHT RATE BELOW FOR USE ONLY WHEN DELIVERY
        IS DIVERTED TO A F.O.B. LOCATION OTHER THAN THAT
        SHOWN FOR THIS LINE ITEM.
 
        FREIGHT RATE OF:
 
        $.50 PER TON, PER MILE AS SPECIFIED FOR THIS
        LINE ITEM.
 
        SHIPPING FROM:
 
        6746 UP RIVER ROAD, CORPUS CHRISTI, TX 78469
            ADDRESS OF VENDOR'S SHIPPING LOCATION
 
        NUMBER OF HAUL MILES: 41
        (VENDOR'S SHIPPING LOCATION TO THE FOB POINT
        SHOWN FOR THIS ITEM.)
 
        INVOICING REQUIREMENTS FOR DIVERTED MATERIAL:
        THE DIVERTED FREIGHT CHARGES MUST BE SHOWN AS A
        SEPARATE LINE ITEM ON INVOICES AND REFLECTED AS
        DEBIT(S)/CREDIT(S).
 
        EXAMPLE: A CREDIT OF THE SAME AMOUNT SHALL BE
        DUE TXDOT IF MATERIAL IS DIVERTED TO A LOCATION
        CLOSER THAN THE FOB POINT FOR THIS LINE ITEM.
        ALL TRUCK DELIVERIES SHALL COMPLY WITH ITEM 7.8
        OF THE 2004 TXDOT STANDARD SPECIFICATIONS FOR
        CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS
        AND BRIDGES.
        THE GOODS OR MATERIALS ORDERED WILL BE TESTED
        UPON RECEIPT. TESTING WILL TAKE NOT MORE THAN
        14 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.
        NOTE: IF MATERIAL FAILS TO MEET SPECIFICATIONS,
        VENDOR WILL BE NOTIFIED BY FAX OR MAIL.  VENDOR
        WILL HAVE 10 WORKING DAYS AFTER NOTIFICATION TO
        REMOVE THE REJECTED MATERIAL FROM STATE PROPERTY.
        MATERIAL NOT REMOVED IN THE ALLOTTED TIME PERIOD
        WILL BE DISPOSED OF BY STATE FORCES.
        PAYMENT WILL BE MADE ON SPECIFIED UNIT OF MEASURE
        BASIS ONLY.
 
        THE FOLLOWING SHALL BE INCLUDED WITH EACH
        INVOICE:
        BILL OR HAUL TICKET ISSUED BY STATE  CERTIFIED
        SCALES, OR BY SCALES COMMERCIALLY  CALIBRATED TO
        MEET THE REQUIREMENTS OF ITEM 520 OF TXDOT 2004
        STANDARD SPECIFICATIONS FOR CONSTRUCTION, AND
        MAINTENANCE OF HIGHWAYS, STREETS AND BRIDGES AS
        APPLICABLE, SHOWING GROSS, TARE, AND NET WEIGHT
        TO THE FOB POINT SPECIFIED.
 
        PRIOR TO DELIVERY OF MATERIAL TO RECEIVING
        DISTRICT, THE FOLLOWING DOCUMENTATION IS
        REQUIRED:
        COPY OF VALID REPORT OR CERTIFICATE OF CALIBRA-
        TIONS FOR THE SCALE USED TO WEIGH THE MATERIAL.
        SCALES AND WEIGHING PROCEDURES WILL BE SUBJECT TO
        INSPECTION BY THE DEPARTMENT. ALL MATERIAL SHIP-
        MENTS MAY BE SUBJECT TO RANDOM REROUTING AND
        REWEIGHING TO DETERMINE ACCURACY OF WEIGHTS.
 
        THE DEPARTMENT WILL BE RESPONSIBLE FOR PAYMENT OF
        ADDITIONAL REROUTED MILEAGE/KILOMETERS (LOADED
        VEHICLE) ONLY WHEN THE NET LOAD SHOWN ON THE
        VENDOR'S WEIGHT TICKET IS VERIFIED TO BE
        ACCURATE WITHIN PLUS OR MINUS 1,000 POUNDS/
        454 KILOGRAMS.
 
        ANY PAYMENT REQUIRED FOR REROUTED MILES/
        KILOMETERS WILL BE MADE AS A SEPARATE ITEM ON THE
        INVOICE.  VENDOR SHALL BE RESPONSIBLE FOR THESE
        COSTS IF WEIGHTS VARY FROM THE ABOVE AND A NEW
        CORRECTED WEIGHT TICKET SHALL BE ISSUED.
        CALCULATING PRICE FLUCTUATIONS:
 
        THE STATE OF TEXAS WILL PERMIT "UNIT PRICE"
        ADJUSTMENT QUARTERLY (EVERY THREE (3) MONTHS)
        UPWARDLY OR DOWNWARDLY BASED ON CHANGES TO THE
        OPEN MARKET POSTED PRICE OF WEST TEXAS
        INTERMEDIATE (WTI) CRUDE.
 
        PLEASE USE THE UNION PACIFIC WEBSITE FOUND AT:
        http://www.uprr.com/customers/surcharge/wti.shtml
 
        IF UNION PACIFIC WEBSITE IS UNAVAILABLE PLEASE
        CONTACT TXDOT PURCHASER FOR AN ALTERNATE SITE.
 
        A = THE BASELINE PRICE DETERMINED AS FOLLOWS:
 
        FOR THE INITIAL REQUESTED PRICE ADJUSTMENT, THE
        PRICE POSTED FOR THE DATE ON WHICH THE BIDS
        OPENED WILL BE USED AS THE BASELINE PRICE.
 
        FOR SUBSEQUENT PRICE ADJUSTMENTS, THE BASELINE
        PRICE WILL BE THE CURRENT UNIT PRICE AND DATE OF
        THE LAST INCREASE.
 
        B = INDEX PRICE
 
        PRICE POSTED FOR THE DATE IN WHICH THE PRICE
        ADJUSTMENT IS REQUESTED
 
        C =  ALLOWABLE PRICE CHANGE PER BARREL
 
        CALCULATED BY SUBTRACTING THE BASELINE PRICE FROM
        THE PRICE POSTED FOR THE DATE IN WHICH THE PRICE
        ADJUSTMENT IS REQUESTED
 
        B - A = C
 
        D =  MAXIMUM PERMITTED PRICE ADJUSTMENT PER TON
 
        CALCULATED BY MULTIPLYING THE ALLOWABLE PRICE
        CHANGE PER BARREL BY 5.6 [BARRELS PER TON]
 
        C X 5.6  = D
 
        THE FOLLOWING IS FOR INFORMATIONAL PURPOSES ONLY
        AND IS NOT USED IN CALCULATION OF PERMITTED PRICE
        ADJUSTMENT:
 
        TO CALCULATE THE ALLOWABLE PERCENT CHANGE:
 
        E & F = ALLOWABLE PERCENT CHANGE
 
        DIVIDE ALLOWABLE PRICE CHANGE PER BARREL (C) BY
        BASELINE PRICE (A).  THE ALLOWABLE PERCENT CHANGE
        SHALL BE ROUNDED TO THE NEAREST ONE-HUNDREDTH OF
        ONE PERCENT (4 DECIMAL PLACES).  THEN MULTIPLY E
        BY 100 FOR ALLOWABLE % CHANGE.
 
        C DIVIDED BY A = E (e.g. 0.1234)
        E X 100 = F (e.g. 12.34%)
 
        THE VENDOR MAY OFFER PRICE DECREASES IN EXCESS OF
        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
        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            $2,381,352.00
 
  L/RIC /       37/BC005                               TERMS   NET
                                                       DELIVERY DAYS: 1
 

This is not an official Purchase Order