8-000952

This is not an official Purchase Order

OPEN MARKET PURCHASE ORDER

REFERENCE COPY

INVOICE ADDRESS:
TXDOT ATLANTA DISTRICT PO NUMBER: 8-000952
VOUCHER PROCESSING REQ NUMBER: 60119-8-37104-B
701 EAST MAIN STREET PO DATE: 08/29/08
ATLANTA TX 75551 EXPIRE DATE: 08/29/10

DESTINATION IF DIFFERENT 1-75-119-0362-1 COMP
SEE SPECIFIC INSTRUCTIONS FOR TYLER BEVERAGES INC
EACH LINE ITEM. P O BOX 5390
TYLER TX 75712

ICE MERCHANDISERS SHALL BE FURNISHED FOR STORAGE
OF BAGGED ICE AT EACH LOCATION SPECIFIED IN
THIS CONTRACT.

EACH STORAGE MERCHANDISER SHALL HAVE A MINIMUM
CAPACITY BETWEEN 100 - 250, 7-POUND BAGS OF
CUBED ICE. MERCHANDISERS SHALL BE 110 VOLT AND
MEET APPLICABLE SAFETY STANDARDS OF THE FEDERAL
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
(OSHA).

THE VENDOR SHALL BE RESPONSIBLE FOR REFUNDING OF
ICE PURCHASED LOCALLY IF DELIVERY REQUIREMENTS
ARE NOT MET. THE DRIVER SHALL NOTIFY DESIGNATED
TXDOT PERSONNEL AT DELIVERY LOCATION FOR
VERIFICATION OF BAGGED ICE COUNT.

ALL DELIVERIES ARE FOB DESTINATION. ALL FREIGHT
CHARGES ARE INCLUDED IN THE UNIT PRICE. ALL
DELIVERIES WILL BE MADE MONDAY THROUGH FRIDAY
BETWEEN 8 AM AND 4 PM. UNLESS OTHERWISE
SPECIFIED. DELIVERIES WILL NOT BE MADE ON STATE
OR FEDERAL HOLIDAYS OR BETWEEN THE HOURS OF
12:00 - 1:00 P.M.

VENDOR SHALL RESPOND TO ROUTINE MAINTENANCE
CALLS WITHIN FOUR (4) HOURS, WHEN A SUBSTANTIAL
LOSS COULD OCCUR.

VENDOR POINT OF CONTACT FOR MAINTENANCE CALLS:

NAME: LARRY HECTOR

OFFICE PHONE: 903/597-3363

CELL PHONE: 903/520-3487

THE VENDOR SHALL PROVIDE THE MERCHANDISER FOR THE
DISPENSING OF ICE. WHEN A TXDOT MERCHANDISER IS
AVAILABLE AT SPECIFIED DELIVERY LOCATION, THE
VENDOR MAY USE THE TXDOT MERCHANDISER IN LIEU OF
DELIVERING THEIR OWN MERCHANDISER. IF THE TXDOT
MERCHANDISER NEEDS REPAIR OR REPLACING, THE
VENDOR SHALL INSTALL THEIR OWN MERCHANDISER, AT
NO ADDITIONAL CHARGE TO TXDOT.

VENDOR IS REQUIRED TO MAINTAIN A COMPLETELY
OPERATIONAL ICE MERCHANDISER AT EACH LOCATION, AT
VENDOR'S EXPENSE, FOR THE DURATION OF THE
CONTRACT.

TXDOT WILL NOT OBTAIN PROPERTY OR CASUALTY INSUR-
ANCE PROTECTING VENDOR'S EQUIPMENT ON STATE
PROPERTY. VENDOR MAY OBTAIN SUCH INSURANCE FOR
ITS OWN ACCOUNT.

PAYMENT WILL BE BASED ON UNIT PRICE(S) AND
ACTUAL QUANTITY(IES) RECEIVED. PAYMENT WILL BE
MADE MONTHLY UPON RECEIPT OF A PROPERLY COM-
PLETED VENDOR INVOICE.

THE PURCHASE ORDER MAY BE CANCELLED WITHOUT
PENALTY, BY EITHER PARTY, BY PROVIDING THIRTY
(30) DAYS WRITTEN NOTICE TO THE OTHER PARTY.

TXDOT WILL PAY THE VENDOR THE CONTRACT PRICE FOR
ICE RECEIVED UP TO THE DATE SPECIFIED IN THE
NOTICE OF TERMINATION. TERMINATION SHALL NOT
RELIEVE THE VENDOR OF ANY OBLIGATION OR LIABILITY
THAT HAS OCCURRED PRIOR TO SUCH TERMINATION.

THIS PURCHASE ORDER IS SUBJECT TO CANCELLATION
WITHOUT PENALTY, EITHER IN WHOLE OR IN PART, IF
FUNDS ARE NOT APPROPRIATED.

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 AUGUST, 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 THAT 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 CON-
FIRMED 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 "INDUSTRY DATA" UNDER HEADING "CREATE
CUSTOMIZED TABLES (ONE SCREEN)". IN BOX 1,
CLICK ON "312113" FOR "ICE MANUFACTURING". IN
BOX 2, SCROLL DOWN AND CLICK ON "312113312113"
FOR "ICE MANUFACTURING", THEN CLICK ON "GET
DATA".

390-35
2. ICE, CUBED, BAGGED 30000 LB .13 3,900.00

F.O.B.:
DAINGERFIELD MAINTENANCE WHSE. YARD
LOCATED ON US 259, 3.0 MILES NORTH OF
INTERSECTION US 259 AND SH 49,
MORRIS COUNTY.

CONSIGNEE: CARL PETERS
DAINGERFIELD, TX 75638
903-645-2519