Guide Rail and Accessories ( ) Contract - Overview Prior to utilizing a contract, the user should read the contract in it's entirety.

Transcription

1 Guide Rail and Accessories ( ) Contract - Overview Prior to utilizing a contract, the user should read the contract in it's entirety. DESCRIPTION - Used to procure materials for guide rails on Pennsylvania Roadways - Must conform to PennDOT specifications in Publication Recommended reference drawings in PennDOT publication 72, drawings RC-50, 52,53,54,55. - Minimum order is 10,000 lbs total. - All steel must meets ASTM-36 specifications and comply with the "Steel Products Procurement Act". CONTRACT INFO Contract Number & Title Guide Rails and Accessories Number of Suppliers 1 Validty Period 11/01/ /30/2007 DGS Point of Contact Lori Vessella Contact Phone # (717) lvessella@state.pa.us PRICING HIGHLIGHTS - This is a multi-line item contract. For pricing information, please refer to the item list attached to the contract under "change #6". - The contract can be found at (Guide Rails and Accessories) - All using agencies may issue purchase orders against this contract. - Contract is within Procurement at PROCESS TO PURCHASE - This contract is used mainly by PennDOT. - Per Act 57, the contractor elects to sell the items on the contract to local procurement units at the same prices. - Contract Robert Colapietro of Trinity Industries. Tele: (800) Reference Commonwealth contrct Follow proper procurement procedures per Act 57.

2 SPECIAL CONTRACT TERMS AND CONDITIONS CONTRACT SCOPE/OVERVIEW: This Contract No. CN (Formerly ) (identified here and in the other documents as the Contract ) will cover the requirements of Commonwealth agencies for Guide Rails and Accessories for the Pennsylvania Department of Transportation. ORDER OF PRECEDENCE: These Special Contract Terms and Conditions supplement the Standard Contract Terms and Conditions For Statewide Contracts for Supplies. To the extent that these Special Contract Terms and Conditions conflict with the Standard Contract Terms and Conditions For Statewide Contracts for Supplies, these Special Contract Terms and Conditions shall prevail. TERM OF CONTRACT: The Contract shall commence on the Effective Date of award and expire on October 31, OPTION TO EXTEND: The Department of General Services reserves the right, upon notice to the Contractor, to extend the Contract or any part of the Contract for up to three (3) months upon the same terms and conditions. This will be utilized to prevent a lapse in Contract coverage and only for the time necessary, up to three (3) months, to enter into a new contract. OPTION FOR SEPARATE COMPETITIVE BIDDING PROCEDURE: The Department of General Services reserves the right to purchase supplies covered under this Contract through a separate competitive bidding procedure, whenever the department deems it to be in the best interest of the Commonwealth. The right will generally be exercised only when a specific need for a large quantity of the supply exists or the price offered is significantly lower than the Contract price. ADDRESS OF PURCHASE ORDER: Commonwealth agencies may issue purchase orders against this Contract for supplies required by the agencies (using agencies). Please state below where the Purchase Orders should be sent (name, address, city, state, zip code). If there are multiple addresses, e.g., via participating dealers or resellers, please provide name, address, phone and fax numbers, FIN and contact person. Also indicate whether dealers or resellers may invoice. Contact Person: Telephone Number: Address: George Eicher (330) George.Eicher@Trin.Net ALL ITEMS FURNISHED SHALL BE IN COMPLETE COMPLIANCE WITH ALL THE TERMS, CONDITIONS AND SPECIFICATIONS CONTAINED IN AND/OR ATTACHED OR REFERRED TO IN THE BID INVITATION. NOTE: THE 5% PREFERENCE FOR USING POST CONSUMER MATERIAL NO LONGER APPLIES TO STEEL. SPECIFICATIONS: Pennsylvania Department of Transportation, Publication 408/2000 and all supplements thereto. Additionally, the Department of Transportation, Publication 72M, Standards for Roadway Construction, Drawings RC-50, 52, 53, 54 and 55 and all subsequent revisions are recommended as reference documents for engineering detail. Bidders will take full responsibility for familiarizing themselves with the most current specifications and standard drawings. Publication 72M and all subsequent revisions may be purchased by contacting the Department of Transportation, Publication Sales Unit at The drawings are meant to provide general information only. MATERIALS: All steel shall meet specifications in accordance with ASTM-36. The steel provided by an awarded vendor on this contract shall be in compliance with the Steel Products Procurement Act. Refer to Section of Publication 408/2000 and all supplements thereto.

3 APPROVED SOURCE: Guide Rails must be furnished from a producer approved by the Pennsylvania Department of Transportation, Bureau of Construction and Materials, Materials and Testing Division, 1118 State Street, Harrisburg, PA 17120, prior to the time and date of the bid opening and shall be identified as it appears in the Pennsylvania Department of Transportation, Bulletin 15. Bidders must list their source of manufacture in the space below or the bid may be rejected: Source Name(s): Trinity Industries ESTIMATED QUANTITIES: It shall be understood that the quantities provided herein are estimated only and may be increased or decreased in accordance with the actual requirements of the Commonwealth. DELIVERY: All deliveries shall be F.O.B. destination to any location within the Commonwealth and shall be completed within forty-five (45) days from the date indicated on the purchase order. The vendor or delivery truck driver shall contact the District and County Maintenance offices where the delivery is to take place at least 24 hours prior to delivery to ensure that PENNDOT personnel will be present to accept delivery. DELIVERY TICKETS: The vendor will furnish with each shipment a copy of the delivery ticket showing the quantities delivered for each type of guide rail. INVOICING: When billing, the vendor will furnish an original and two copies of the invoice. In cases where computerization requires the vendor to retain the original copy of the invoice, three copies of the billing will be acceptable; however, one of the copies must be stamped or designated the ORIGINAL DUE TO COMPUTERIZED OR AUTOMATED ACCOUNTING. OPTION TO RENEW: The contract or any part of the contract may be renewed for an additional one (1) year term by mutual agreement between the Commonwealth and the contractors. If the contract is renewed, the same terms and conditions shall apply. Such renewals shall be limited to three additional contract periods. MINIMUM ORDER: The minimum order requirement for any one purchase order will be 10,000 lbs. The awarded vendor, at their own option, may accept orders for less than the 10,000 lb. minimum and pass on the direct shipping costs for such orders to the issuing agency. In such cases, the contractor shall pre-pay the shipping costs and add to their final invoice. However, sufficient verification of the actual shipping costs (including, but not limited to, copies of the original Bill of Lading) must be provided with the invoicing or such charge will not be reimbursed by the Commonwealth. INCENTIVE FOR LARGE SHIPMENT: Bidders shall offer an incentive for the issuing agency to order larger shipments. This incentive shall be in the form of a straight discount from the invoice total. The minimum quantity for such a discount shall be 25,000 lbs. Bidders shall insert a percentage of discount for orders of 25,000 lbs. and above, in the space provided below: 0 % Discount for orders totaling 25,000 lbs. or more LIQUIDATED DAMAGES: If any item is not delivered within the time limits specified, the delay will interfere with the proper implementation of the Commonwealth s programs utilizing the item to the loss and damage of the Commonwealth. From the nature of the case it would be impractical and extremely difficult to fix the actual damage sustained in the event of any such action. The Commonwealth and the awarded vendor, therefore, presume that in the event of any such delay the amount of damage which will be sustained from a delay will be $50.00 per calendar day, and

4 they agree that in the event of any such delay, the awarded vendor shall pay such amount as liquidated damages and not as a penalty. The Commonwealth at its option for amounts due the Commonwealth as liquidated damages may deduct such from any money payable to the awarded vendor or may bill the awarded vendor as a separate item. The Commonwealth shall notify the awarded vendor in writing of any claims for liquidated damages pursuant to this paragraph before the date the Commonwealth deducts such sums from money payable to the awarded vendor STEEL PRODUCTS PROCUREMENT ACT B : The items provided under any contract awarded pursuant to this invitation to bid must be made from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process. If a product contains both foreign and United States steel, such product shall be determined to be a United States steel product, only if at least 75% of the cost of the articles, materials and supplies have been mined, produced or manufactured, as the case may be, in the United States. When unidentified steel products are supplied under a contract, before any payment will be made, the contractor must provide documentation including, but not limited to, invoices, bills of lading and mill certification that the steel was melted and manufactured in the United States. If a steel product is identifiable from its face, the contractor must submit certification which satisfies the using agency that the contractor has fully complied with this provision. The Department shall not provide for or make any payments to any person who has not complied with the Act. Any such payments made to any person by the Department which should not have been made as a result of the Act shall be recoverable directly from the contractor, subcontractor, manufacturer or supplier who did not comply with the Act. In addition to the withholding of payments, any person who willfully violates any of the provisions of the Act shall be prohibited from submitting any bids to any public agency for a period of five (5) years from the date of the determination that a violation has occurred. In the event the person who violates the provisions of the Act is a subcontractor, manufacturer or supplier, such person shall be prohibited from performing any work or supplying any materials to a public agency for a period of five (5) years from the date of the determination that a violation has occurred. The contractor shall include the provisions of the Steel Products Procurement Act in every subcontract and supply contract, so that the provisions of the Act shall be binding upon each subcontractor and supplier. PROHIBITION AGAINST THE USE OF CERTAIN STEEL AND ALUMINUM PRODUCTS: In accordance with the Trade Practices Act of July 23, 1968 P.L. 686 (71 P.S. Section et seq.), the contractor cannot and shall not use or permit to be used in the work any aluminum or steel products made in a foreign country which is listed below as a foreign country which discriminates against aluminum or steel products manufactured in Pennsylvania. The countries of Brazil, South Korea, Spain and Argentina have been found to discriminate against certain products manufactured in Pennsylvania. Therefore, the purchase or use of those countries products, as listed below, is not permitted. 1. BRAZIL: Welded carbon steel pipes and tubes; carbon steel wire rods; tool steel; certain steel products, including hot-rolled stainless steel bar; stainless steel wire rod and cold-formed stainless steel bar; pre-stressed concrete steel wire strand; hot-rolled carbon steel plate in coil; hot-rolled carbon steel sheet and cold-rolled carbon steel sheet. 2. SPAIN: Certain stainless steel products, including stainless steel wire rod, hot-rolled stainless steel bars and cold-formed stainless steel bars; pre-stressed concrete steel wire strands certain steel products, including hot-rolled steel plate, cold-rolled carbon

5 steel plate, carbon steel structural shapes, galvanized carbon steel sheet, hot-rolled carbon steel bars and cold-formed carbon steel bars. 3. SOUTH KOREA: Welded carbon steel pipes and tubes; hot-rolled carbon steel plate; hot-rolled carbon steel sheet and galvanized steel sheet. 4. ARGENTINA: Carbon steel wire rod and cold-rolled carbon steel sheet. Penalties for violations of this paragraph may be found in the Trade Practices Act, which penalties include becoming ineligible for public works contracts for a period of three years. NOTE: THIS PROVISION IN NO WAY RELIEVES THE CONTRACTOR OF ITS RESPONSIBILITY TO COMPLY WITH THOSE PROVISIONS OF THIS INVITATION TO BID WHICH PROHIBIT THE USE OF FOREIGN-MADE STEEL AND CAST IRON PRODUCTS.

6 COUNTIES COMPRISING ENGINEERING DISTRICTS ENGINEERING DISTRICT COUNTIES 1 Crawford, Erie, Forest, Mercer, Venango and Warren 2 Cameron, Centre, Clearfield, Clinton, Elk, McKean, Potter, Mifflin and Juniata 3 Columbia, Lycoming, Montour, Northumberland, Snyder, Sullivan, Tioga, Union and Bradford 4 Lackawanna, Luzerne, Pike, Susquehanna, Wayne and Wyoming 5 Berks, Carbon, Lehigh, Monroe, Northampton and Schuylkill 6 Bucks, Chester, Delaware, Montgomery and Philadelphia 8 Adams, Cumberland, Dauphin, Franklin, Lancaster, Lebanon, Perry and York 9 Bedford, Blair, Cambria, Fulton, Huntingdon and Somerset 10 Armstrong, Butler, Clarion, Indiana and Jefferson 11 Allegheny, Beaver and Lawrence 12 Fayette, Greene, Washington and Westmoreland

7 E-CATALOG: The Commonwealth may require the awarded bidder(s) to supply its price list/catalog and any updated price lists/catalogs in electronic format. Price lists/catalogs must be provided in one of the following formats: Word document, Excel spreadsheet, or PDF file on read only 3.5 inch diskette, read only compact disk, or . COOPERATIVE SOURCING TO ACHIEVE REDUCTIONS IN SPEND (COSTARS) PROGRAM COSTARS Purchasers. Section 1902 of Act 57 of May 15, 1998, as amended by Act 142 of December 3, 2002, 62 Pa.C.S, Section 1902, authorizes local public procurement units and stateaffiliated entities (together, COSTARS Purchasers ) within the Commonwealth of Pennsylvania to participate in Commonwealth contracts for supplies, services, or construction that the Department of General Services ( DGS ) chooses to make available to COSTARS Purchasers. DGS has identified this Contract as a contract that will be made available for COSTARS Purchasers. a. A "local public procurement unit" is defined as: Any political subdivision; Any public authority; Any tax exempt, nonprofit educational or public health institution or organization; Any nonprofit fire, rescue, or ambulance company; and To the extent provided by law, any other entity, including a council of governments or an area government that expends public funds for the procurement of supplies, services, and construction. A state-affiliated entity is a Commonwealth authority or other Commonwealth entity that is not a Commonwealth agency. b. Only those COSTARS Purchasers registered with DGS may purchase from a DGS contract. Any qualified entity not presently registered and wishing to participate in the COSTARS Program may register at any time by either completing a one-time, online registration on the DGS COSTARS Website at or completing and returning a one-time Registration Form to the address below. Currently, there are several thousand registered COSTARS Purchasers. To view a list of the registered entities, please visit the website. c. COSTARS Purchasers have the option to purchase from a DGS Statewide Contract with awarded contractor(s) for Commonwealth agencies use, from any DGS cooperative procurement contract established exclusively for COSTARS Purchasers in accordance with the requirements of Act 77 of 2004, amending Section 1902 of the Commonwealth Procurement Code, 62 Pa.C.S. 1902, or from their own procurement contracts established in accordance with the applicable laws governing such procurements. The Contractor understands and acknowledges that there is no guarantee that any prospective COSTARS Purchaser will place an order under this Contract, and that it is within the sole discretion of the registered COSTARS Purchaser whether to procure from this Contract or to use another procurement vehicle. d. Registered COSTARS Purchasers electing to participate in this Contract will order items directly from the Contractor and be responsible for payment directly to the Contractor. Third Party Beneficiaries. DGS is acting as a facilitator for COSTARS Purchasers who may wish to purchase under this Contract. Registered COSTARS Purchasers who elect to participate in this contract and issue orders to the contractor(s) are third

8 party beneficiaries who have the right to sue and be sued for breach of the contract without joining the Commonwealth or DGS as a party. Quarterly Sales Report. The Contractor shall furnish to the DGS COSTARS Program Office an electronic contract use report, preferably in Excel spreadsheet form, no later than the fifteenth calendar day after each quarter in the contract period, detailing the Contract purchasing activity. a. The Contractor shall the reports to GS-PACostars@state.pa.us or send the reports on compact disc via US Postal Service to the address below. b. On each report, the Contractor shall include the Contractor s name and address, the Contract number, and the period covered by the report. The Contractor should list as much as the following information as possible on the report for each order received: Registered COSTARS Purchaser Material Code (UNSPSC) Item Description Quantity Unit Price Total Price Delivery Date c. Failure to provide the Quarterly Sales Report in the specified time may result in suspension of activities with the COSTARS Program. Additional information regarding the COSTARS Program is available on the DGS COSTARS Website at Direct all questions concerning the COSTARS Program to: Commonwealth of Pennsylvania Department of General Services COSTARS Program 555 Walnut Street, 6 th Floor Harrisburg, PA Telephone: GS-PACostars@state.pa.us If your firm is awarded a contract, does it agree to sell the awarded items at the same prices and/or discounts, and in accordance with the contractual terms and conditions, to registered COSTARS Purchasers who elect to participate in the contract? Please Answer: YES X NO INQUIRIES: Direct all questions concerning this contract to Sandi Verbos , sverbos@state.pa.us.

9 REPRINT Page 1 / 6 Contract Number: Creation Date: 10/17/2005 All using Agencies of the Commonwealth, Political Subdivision, Authorities, Private Colleges and Universities Your vendor number with us: Vendor Name/Address: TRINITY INDUSTRIES INC 1170 N STATE ST GIRARD OH Purchasing Agent: Name: Sandra Verbos Phone: Fax: sverbos@state.pa.us Valid from/to: 11/01/ /31/2007 Please Deliver To: *** TBD AT TIME OF PURCHASE ORDER *** *** UNLESS SPECIFIED BELOW *** Vendor Fax Number: Your Quotation: Date: Collective No.: Our Quotation: Payment Terms: NET 30 The Commonwealth of Pennsylvania, through the Department of General Services, accepts the submission of the Bidder/Contractor for the awarded item(s) at the price(s) set forth below in accordance with: 1) the RFQ submitted by the Bidder/Contractor, if any; 2) the documents attached to this Contract or incorporated by reference, if any, and 3) the contract terms and conditions stored on the website address at for this type of Contract as of the date of the RFQ, if any, or other solicitation for this Contract, all of which, as appropriate, are incorporated herein by reference. When the Bidder/Contractor receives an order from a Commonwealth agency, the order constitutes the Bidder/Contractor's authority to furnish the item(s) to the agency at the time(s) and place(s) specified in the order. RFQ, as used herein, means Request for Quotations, Invitation for Bids, Invitation to Qualify, or Request for Proposals, as appropriate. Item Description Material/Service No. Quantity UOM Price Per Unit TOTAL RAIL,W BEAM ELEMENT,3HOLE,12G,2A,2B,2C, EA EA RAIL,W BEAM ELE,5HOLE,12G,2A,2B,2V,2S,2W EA EA POST,STANDARD,TYP 2S EA EA POST,WEAK TYPE,2W,2WC EA EA POST,WEAK W/DEFLECT PLATE,TYP 2WM EA EA POST,WEAK W/DEFLECT PLATE,TYP 3WM,3WMC EA EA POST,STRONG,MULTI PUNCHES,W6X EA EA 0.00 *** SEE LAST PAGE FOR TOTAL VALUE OF CONTRACT ***

10 REPRINT Page 2 / 6 Contract Number: Creation Date: 10/17/2005 Vendor Name: TRINITY INDUSTRIES INC Item Description Material/Service No. Quantity UOM Price Per Unit TOTAL POSTS,TYP 2A,2B,2C EA EA BRACKET,OFSET,MULTIPUNCHD,W6X8.5 OR W6X EA 6.85 EA POST,EXTRA LENGTH,2S EA EA RAIL,WBEAM BACK PLATE,TYP 2A,2B,2C,2S, EA 3.35 EA TERMINAL,SEC,SGL INSIDE,TYP 2A,2B,2S EA EA TERMINAL,SECT,SGL OUTSD,TYP 2A,2B,2S EA EA TERMINAL,SEC DOUBLE OUTSD,TYP 2A,2B,2S EA EA TERMINAL,SECTION BRIDGE CONNECTION EA EA STEEL PLATE,TYP 2-A,2-B,2-C,2-S EA 0.40 EA RAIL,RUB,COLD FORMED CHANNEL,6"X3"X10G EA EA SQUARE WASHER,TYP 2W & 2WM EA 0.27 EA BOLT,MOUNTING W/NUT,TYP 2W & 2WM EA 0.20 EA BRACKET,TO POST BOLT W/NUT,TYP 2A,2B,2C, EA 0.40 EA BOLT,POST W/NUT,TYP 2A,2B,2C,2S EA 0.42 EA BOLT,SPLICE W/NUT,TYP 2A,2B,2C,2S,2W,2WM EA 0.38 EA 0.00 *** SEE LAST PAGE FOR TOTAL VALUE OF CONTRACT ***

11 REPRINT Page 3 / 6 Contract Number: Creation Date: 10/17/2005 Vendor Name: TRINITY INDUSTRIES INC Item Description Material/Service No. Quantity UOM Price Per Unit TOTAL BOLT,POST W/NUT,RUBBING RAIL,TYP 2S EA 0.50 EA BOLT,SUPPORT,DOUBLE NUTS,TYP 2W,2M EA 0.35 EA BOLT,ANCHOR,W/NUT & WASHER,7/8"X18" FOR EA 4.10 EA ANCHOR BOLT ASSY EA 4.10 EA BRACKET,OFFSET,TYP 2A,2B,2C,2S EA 7.15 EA BRACKET,ANCHOR ROTATING ASSY EA EA RAIL,WBEAM ELE CONVEX,TYP 2A,2B,2S EA EA WASHER,TAPERED TYP 2/BCT EA 0.65 EA BASKET,ANCHOR,8" EA EA CABLE,ASSY,TYPE,2S,OR,BCT EA EA POST,BCT FOUNDATION POST,TYP 2S EA EA POST,BCT TERMINAL POST,TYP 2S EA EA BOLT,HIGH STRENGTH,TYP 2S EA 0.55 EA WASHER,STEEL,TYP 2 BCT END TREATMENT EA 0.15 EA PLATE,BEARING,BCT END TREATMENT EA EA 0.00 *** SEE LAST PAGE FOR TOTAL VALUE OF CONTRACT ***

12 REPRINT Page 4 / 6 Contract Number: Creation Date: 10/17/2005 Vendor Name: TRINITY INDUSTRIES INC Item Description Material/Service No. Quantity UOM Price Per Unit TOTAL POST,STRUCTURE MOUNTED,W8X EA EA TERMINAL SEC,MOD BRIDGE CON,BCT ENT TREA EA EA SECTION,TERMINAL END,BCT ENT TREATMENT EA EA TERMINAL SECTION FLARED EA EA RAIL,ELEMENT END TREATMENT,10 HOLE EA EA RAIL ELEMENT,SHOP CURVD,FOR DRIVE & OPE EA EA STEEL PLATE,8 HOLE,1/4X3X EA 8.00 EA RAIL,RUBBING C6X EA EA BLOCK,OFFSET,21-3/4" LONG EA EA SPLICE PLATE,RUBBING RAIL EA 7.50 EA RAIL,RUB END DETAIL W/O INLET 5'-5 1/2" EA EA RAIL,RUB END DETAIL W/INLET,6'0" EA EA STEEL SPACE TUBE EA EA PLATE,BASE,"B",9 1/8X11" EA 1.00 EA PLATE,BASE,"C",CONC ANCHOR,6-1/2"X6 3/4" EA 1.00 EA 0.00 *** SEE LAST PAGE FOR TOTAL VALUE OF CONTRACT ***

13 REPRINT Page 5 / 6 Contract Number: Creation Date: 10/17/2005 Vendor Name: TRINITY INDUSTRIES INC Item Description Material/Service No. Quantity UOM Price Per Unit TOTAL PLATE,ANCHOR,8 HOLE EA EA END SECTION,BCT,COMPLETE UNIT EA EA RAIL ELEMENT,3H,6'3"SPACING TO ACCEPT 8H EA EA RAIL EA EA W BEAM RAIL ELEMENT CONVEX,TYP 2A,2B,2S, EA EA RAIL ELEMENT,SHOP CURVD,FOR DRIVE & OPE EA EA POST,END SUP ANGLE W/BOLTS & NUTS,RC EA EA POST,W/O DEFLECT PLATE,2W 63"L,RC53,SHT EA EA BRACKET,WOOD OFFSET(USE W/WOOD POST) EA 5.00 EA BRACKET,WOOD OFFSET(USE W/STEEL POST) EA 5.00 EA BOLT, W/WASHER & NUT,GALV,5/8"X9", EA 1.00 EA BOLT, W/WASHR & NUT,GALV,5/8"X18",USE W/ EA 1.45 EA BOLT W/ WASHER&NUT,GAKVANIZED,5/8''X10'' EA 1.15 EA BOLT,MNTNGW/1FLTWASHER&2NUTS,5/1''X2-1/ EA 0.55 EA POST,WEAK,TYP2W&2WC,72'',W/ODEFLECTIONPL EA EA 0.00 *** SEE LAST PAGE FOR TOTAL VALUE OF CONTRACT ***

14 00680 BOLT,HEXW/2WASHERS&1NUT,3/4''X4-1/2'' EA 3.95 EA BOLT,HEX 5/16'',2W,2WC,2WM EA 0.35 EA BOLT ASSY. POST,5/8''X2'',2A,2B,2C,2S EA 0.55 EA SUPPLEMENTAL INFORMATION Header text All quantities are estimates George Eicher (330) George.Eicher@Trin.Net Contractor will allow COSTARS Participation NO FURTHER INFORMATION FOR THIS CONTRACT REPRINT Page 6 / 6 Contract Number: Creation Date: 10/17/2005 Vendor Name: TRINITY INDUSTRIES INC Item Description Material/Service No. Quantity UOM Price Per Unit TOTAL Currency: USD 999, ***ESTIMATED VALUE***

15 Contract Reference Number: Collective Number: CN Change Number: 1 Change Effective Date: 2/08/2006 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES HARRISBURG For: All using Agencies of the Commonwealth Subject: Guiderail and Accessories Contract Period: Beginning November 1, 2005 and Ending October 31, 2007 Commodity Specialist: Greg Knerr, Business Analyst; Phone: , gknerr@state.pa.us or Joel Shiffler, Commodity Manager; Phone: , joshiffler@state.pa.us CHANGE SUMMARY: New Buyer Information for outline agreement The new points of contact for this contract are Greg Knerr or Joel Shiffler, contact information as listed above. ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

16 Contract Reference Number: Collective Number: CN SAP Contract Number: Change Number: 2 Change Effective Date: 05/24/06 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES HARRISBURG For: All using Agencies of the Commonwealth Subject: Guiderail and Accessories Contract Period: Beginning November 1, 2005 and Ending October 31, 2007 Commodity Specialist: Lori Vessella - YG or LVessella@state.pa.us COMMODITY SPECIALIST NAME CHANGE: The Commodity Specialist name has changed for this contract. The new Commodity Specialist is Lori Vessella; phone , LVessella@state.pa.us. ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

17 Contract Reference Number: Collective Number: CN SAP Contract Number: Change Number: 3 Change Effective Date: 11/06/2006 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES HARRISBURG For: All Using Agencies of the Commonwealth Subject: Guiderail and Accessories Contract Period: Beginning November 1, 2005 and Ending October 31, 2007 Commodity Specialist: Lori Vessella - YG or LVessella@state.pa.us ADDITIONAL LINE ITEMS ADDED TO CONTRACT: The following line items have been added to the above-mentioned contract. SAP Line Item BLOCK, OFFSET, COMPOSITE - $5.00 Each Material # Material Group # SAP Line Item POST, GALV, STRONG, MULTI PUNCH, 6 x 8.5# x 7L - $37.75 Each Material # Material Group # ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

18 Contract Reference Number: Collective Number: CN SAP Contract Number: Change Number: 4 Change Effective Date: 09/17/07 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES HARRISBURG For: All Using Agencies of the Commonwealth Subject: Guiderail and Accessories Contract Period: Beginning November 1, 2005 and Ending October 31, 2007 Commodity Specialist: Lori Vessella - YG or LVessella@state.pa.us SUPPLIER CONTACT INFORMATION CHANGE: The new contact person at Trinity Industries Inc. is: Name - MaryJo Fortunato Phone # Fax # MaryJo.Fortunato@trin.net ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

19 Contract Reference Number: Collective Number: CN SAP Contract Number: Change Number: 5 Change Effective Date: 09/18/07 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES HARRISBURG For: All Using Agencies of the Commonwealth Subject: Guiderail and Accessories Contract Period: Beginning November 1, 2005 and Ending October 31, 2007 Commodity Specialist: Lori Vessella - YG or LVessella@state.pa.us CHANGE SUMMARY - CONTRACT RENEWAL In accordance with the Option to Renew clause of Contract , the contract is hereby being renewed for an additional one (1) year term, beginning November 1, 2007 and ending October 31, ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.

20 Contract Reference Number: Collective Number: CN SAP Contract Number: Change Number: 6 Change Effective Date: 11/2/2007 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES HARRISBURG For: All Using Agencies of the Commonwealth Subject: Guiderail and Accessories Contract Period: Beginning November 1, 2005 and Ending October 31, 2007 Renewed through October 31, 2008 Commodity Specialist: Lori Vessella - YG or LVessella@state.pa.us CHANGE SUMMARY VENDOR NAME, NUMBER AND FEDERAL ID CHANGE This contract is being replaced with contract The vendor has changed its name from Trinity Industries Inc. Vendor # Federal ID # to Trinity Highway Products LLC Vendor # Federal ID # All other vendor information remains the same. ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT NOT CHANGED BY THIS CHANGE NOTICE REMAIN AS ORGINALLY WRITTEN.