Parker County 1 PC26-15

Kim Rivas

Purchasing Agent

1112 Santa Fe Drive Bid Due

December 10, 2025

11:00 AM

PC26-15

Petroleum Asphalts

Parker County 2 PC26-15

SPECIFICATIONS AND INVITATION TO BID

PETROLEUM ASPHALTS & RELATED ROAD MATERIALS FOR PARKER COUNTY, TEXAS

FORMAL BID #PC26-15

1. SCOPE / SPECIAL TERMS, CONDITIONS

No public official shall have interest in this contract, in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. The offerer shall not accept or offer gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Parker County. All vendors must disclose any relationships personal or business to the Parker County Commissioners Court.

Failure to do so will result in immediate cancellation of the contract

All questions or concerns regarding the specifications or requirements of this solicitation must be directed to the office of the Parker County Purchasing Agent, Kim Rivas, 1112 Santa Fe Drive, Weatherford, TX 76086 if in writing, or by phone to 817-598-6080. Should written clarifications be deemed warranted by the Purchasing Agent, they will be affected by an addendum to this solicitation and provided to all known respondents by mail.

All contact with Parker County during the time period of this solicitation must be through the office of the Purchasing Agent. There should be no other contact with employees or officials of Parker County regarding this solicitation or issues related to this solicitation prior to the award of a contract.

1.1 Parker County, Texas is now accepting formal sealed bids or electronic responses via Bonfire bid software, on a variable price contract for the purchase of petroleum asphalts & related road materials for road and bridge construction applications. Contract period will begin February 1, 2026 and end January 31, 2027.

1.2 Parker County hereby expressly reserves the right to accept or reject in part or in whole any or all bids or proposals submitted and/or to make a formal contract award on the basis of total bid price or unit bid pricing, whichever is deemed most practical by Parker County. Parker County also hereby expressly reserves the right to take up to 90 days after the formal bid opening to render a decision and to waive any technicalities or formalities considered to be in the best interest of the County.

1.3 This invitation and accompanying bid form, when completed by vendor, constitutes a legally binding offer and becomes the governing contract document between Parker County and the successful bidder upon formal award of the bid. Parker County expressly reserves the right to reject any incomplete bid.

1.4 Bid proposals will be received until 11:00 AM Central Time December 10, 2025, in the office of the Purchasing Department or electronically via Bonfire bid software. Bids will be opened in the conference room of the Purchasing Department, Parker County Annex, 1112 Santa Fe Drive, Weatherford, Texas immediately following the above closing time. However if Parker County offices are closed due to bad weather, emergency or a holiday, bids will be received until 2:00 pm the following business day and publicly opened and read aloud. It is anticipated that award of this contract will be executed by the Honorable Commissioners Court, in an open meeting presently scheduled for 9:00 AM CENTRAL TIME, DECEMBER 22, 2025.

Parker County 3 PC26-15

In compliance with Texas Local Government Code 262.026, opened bids shall be kept on file and available for inspection by anyone desiring to see them until the first anniversary of the date of opening.

Opened bids are subject to disclosure under Chapter 552, Government Code. By signing and submitting a response to this Invitation for Bids, the bidder acknowledges that all submitted material will be subject to disclosure under Chapter 552, Government Code and the bidder waives all rights to protest the release of any submitted materials. Copyrighted or otherwise restricted material shall not be accepted as a response to this invitation for bids.

Please Note: The official time clock for receiving bids is the electronic stamp located in the Purchasing Department. This is the official time and no late protest will be recognized.

1.5 This contract may be cancelled with 30 days written notification on behalf of either party.

1.6 Parker County hereby expressly reserves the right to accept or reject any bid on the basis of lump sum or unit pricing, and/or to award or reject any portion of this contract for specific materials on a precinct by precinct basis, at the sole discretion of Parker County. Also, please note that any given precinct may elect to award a contract to more than one company, depending on that company's prices, and its' proximity to County job sites.

1.7 Geographical location of various plants where materials may be obtained will bear heavily in Parker County's consideration of bids. Thus, it is essential that bids fully and accurately detail the locations of company facilities from which bid materials are to come.

1.8 Any and all deliveries of materials under this contract will be made within a 30-mile radius of the Parker County Courthouse; Weatherford, Texas and bid prices MUST reflect all delivery and freight. Delivery trucks must be insulated. Grade of product required will be determined by Parker County at the time of order.

1.9 The bid award shall be based on, but not limited to the following factors:

1) Delivery time.

2) Evaluation of the vendor’s ability to supply and perform.

3) Vendor reputation.

4) Vendor's past performance record with Parker County or other counties.

5) Best bid price (not necessarily low bid).

1.10 Any bid which Parker County PICKS UP at the U.S. Post Office with postage due will be refused and sent back to the vendor unopened. Should this occur and vendor misses bid opening, Parker County will not honor or recognize any protest.

1.11 Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity.

1.12 Please note that Parker County is exempt from Federal Excise and State Sales Tax, therefore tax for goods or services rendered must not be included in your bid. Vendor will be responsible for taxes on vendor's purchases.

1.13 Prospective bidders will not be allowed to take advantage of any errors or omissions in these specifications. Where errors or omissions appear in the specifications, the bidder shall promptly notify Parker County in writing of such errors or omissions it discovers. Any significant errors, omissions or inconsistencies in the specifications are to be reported no later than five (5) days before time for the bid proposal response to be submitted.

Parker County 4 PC26-15

1.14 Bidders may be disqualified for any of the following reasons: 1) Reason to believe collusion exists among the bidders. 2) The bidder is involved in any litigation against Parker County. 3) The bidder is in arrears on an existing contract or has failed to perform on a previous contract with Parker County. 4) Lack of financial stability.

1.15 Parker County will allow price adjustments on petroleum asphalts and related road materials as specified in this bid. The vendor must notify the Parker County Purchasing Department thirty days prior to the time of each effective price change, by furnishing a price list from the manufacturer stating all increases and the percentage above cost that will be charged to Parker County by the vendor on each product; as well as guarantee the price for a minimum of 60 days or until the end of the contract term whichever is less. All price adjustment requests are subject to the approval of commissioner’s court.

1.16 Cooperative Purchasing: Other governmental entities may wish to also participate under this contract (piggyback). Each entity wishing to piggyback must have prior authorization from Parker County and the successful bidder. If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the entity requiring materials. Parker County shall not be held responsible for any orders placed, deliveries made or payment for materials ordered by these entities.

Bidder is requested to state whether they will be willing to allow other governmental entities to piggyback off this contract, if awarded, under the same terms and conditions in the space provided.

1.17 Demurrage Charges: Demurrage charges will not be allowed if delivery is not received within 30 minutes before or after scheduled delivery. Demurrage charges for deliveries made by a sub-contractor, must be invoiced by the awarded vendor.

1.18 Termination of Contract: This contract shall remain in effect until contract expires or delivery and or performance of services ordered terminated by either party with a thirty (30) day written notice.

The successful bidder must state therein the reasons for such cancellation. Parker County reserves the right to award cancelled contract to next lowest and best bidder as it deems to be in the best interest of the county.

2. SPECIFICATIONS/ REQUIREMENTS

2.1 Materials herein described and sought under this contract MUST comply with Texas State Department of Highways and Public Transportation standard specifications for construction of highways, streets and bridges, as described therein under Item #300, under Division III, Surface Courses or Pavement. Emulsified asphalt must be homogeneous, not separate after thorough mixing, and meet the requirements for the specified type and grade in Table 11A for TRMSS (Tire Rubber Modified Surface Seal). Parker County reserves the right to specify dilution rates.

Vendor should indicate any pricing changes that may result from such dilution and any and all fees associated with dilution.

2.2 Anticipated products used by Parker County will be:

1) CRS-2 2) CRS-2H 3) CRS-2P

4) SS1/CSS-1 5) CSS-1H 6) Fast Set Fog Seal Emulsion

7) AEP 8) Prime & Tack 9) Road Base Stabilizer

10) Crack Seal – Cold 11) Crack Seal – Hot 12) Rap Processing, immediate use

13) Rap Processing, Stock

14) Seal Coat Inter-locking Emulsion (This product must be used as a membrane in a pothole and as a sealer for top patch surface and surrounding pavements and is a replacement for tack).

Parker County 5 PC26-15

Rap Processing: The awarded vendor must conform to TXDOT specifications SS 3076, SS 3077, etc.

Please see Section 2.7 in SS 3077 below for more detail. Parker County shall supply the RAP material and a location for the conversion to take place, and hauling of material to a job site if required.

Parker County 6 PC26-15

3. ESTIMATED QUANTITIES

3.1 Because Parker County's road and bridge construction projects are seasonal in nature, and because of the differing needs of the respective Precincts, it is not feasible to offer prospective bidders estimated quantities of materials.

3.2 Please note that Parker County will not be bound by contract to purchase any pre-determined amounts of petroleum asphalts. All purchases will be made on the basis of actual need.

4. DELIVERY POINTS

4.1 Specific locations of Parker County precincts and current precinct commissioners are as follows:

Precinct 1, 3000 Veal Station Rd., Weatherford, TX. (Commissioner George Conley)

Precinct 2, 3033 FM 1885, Weatherford, TX. (Commissioner Jacob Holt)

Precinct 3, 1111 FM 1189, Weatherford, TX. (Commissioner Larry Walden)

Precinct 4, 1320 Airport Rd., Aledo, TX (Commissioner Mike Hale)

Parker County 7 PC26-15

Bidders should be aware that delivery addresses will be specified by each ordering precinct at the time of order placement and may or may not be to the precinct address indicated.

5. INFORMATION

5.1 If you have questions regarding these specifications or require additional information to prepare a bid, contact Kim Rivas, Purchasing Agent, Parker County Courthouse Annex, 1112 Santa Fe Drive, Weatherford TX., 76086, at 817-598-6080, weekdays 8 a.m. to 5 p.m.

5.2 All programs and services of Parker County are offered on a nondiscriminatory basis without regard for race, color, national origin, age, sex, religion, marital status, handicap, or disability.

5.3 Please see exhibit A and B for additional terms and conditions.

6. FUNDING

6.1 Funds for payment have been provided through the Parker County budget approved by Commissioners Court for this fiscal year only. The State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current Parker County fiscal year shall be subject to budget approval.

7. INSURANCE CONSIDERATIONS:

See Exhibit A for Texas's Worker's Compensation statement.

7.1 If any material delivery is made to Parker County, the vendor must comply with the following insurance requirements:

A certificate of insurance shall be filed with the Parker County Purchasing Department prior to commencement of any work under this contract, naming Parker County as an additional insured with regard to this contract and evidencing insurance coverage of limits not less than the following:

A) Worker's Compensation - Providing for payment for benefits as specified by the Worker's Compensation Law of the State of Texas.

B) General Liability - $100,000 each person

- $300,000 each accident Personal Damage - $100,000 each person

- $100,000 each accident

By his signature on this bid form, the successful contractor shall indemnify and save harmless Parker County, its agents and employees from and against all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance of the work;

provided that any such claim, damage loss or expense (a) is attributable to bodily injury to or destruction of tangible property including the loss of use resulting there from, and (b) is caused in whole or in part by any negligent act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless whether or not it is caused in part by a party indemnified hereunder.

Any and all such claims against any party indemnified hereunder by any employee of the contractor, any subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided

Parker County 8 PC26-15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the contractor or any subcontractor under worker's compensation acts, disability benefit acts of other employee benefit acts.

Parker County 9 PC26-15

FORMAL BID ON: PC26-15 PETROLEUM ASPHALTS & RELATED ROAD MATERIALS

Scheduled Opening Date, Time: December 10, 2025, 11:00 A.M. Central Time

Anticipated Award Date: December 22, 2025, 9:00 A.M. Central Time

Opening Location: Purchasing Department, Parker County Courthouse Annex, 1112 Santa Fe Drive, Weatherford, TX

Please Note:

If Parker County offices are closed due to bad weather, emergency or a holiday, bids will be received until 2:00 PM the following business day and publicly opened and read aloud.

INSTRUCTIONS TO BIDDERS

Bids are solicited for furnishing merchandise, supplies, services and/or equipment set forth above. Completed bid proposals MUST be in the hands of the Parker County Purchasing Department, 1112 Santa Fe Drive, Weatherford, Texas; no later than 11:00 AM on the above prescribed "Scheduled Opening Date", unless another time is specifically prescribed. Late bids will be returned to the bidder unopened.

In order to assure your bid is fairly considered, it must be submitted in a properly sealed envelope, clearly marked on its outside surface with the words: "SEALED BID ON PETROLEUM ASPHALTS & RELATED ROAD MATERIALS" or electronically via Bonfire software. Bids marked otherwise may be opened by mistake.

It is extremely important that you return the Bid Page of this form, with the appropriate information inserted in the spaces provided, so that your bid may be considered valid.

Bids may be withdrawn at any time prior to the official opening by the Parker County Commissioners Court. Parker County is exempt from Federal Excise and State Sales Tax.

Therefore, tax must not be included in the bid.

The undersigned agrees, if this bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications and these instructions. The period for acceptance of this bid will be 90 calendar days unless a different period is specified by Parker County. Processing for payment will commence only after delivery and formal acceptance of merchandise, and upon receipt of a proper invoice and any titles or other transfer of ownership certificates or documents, pending final approval by the Commissioners Court of Parker County.

The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the content of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other bidder or to any other persons engaged in this type of business prior to the official opening of this bid. And further, that the manager, secretary or other agent or officer signing this bid is not and has not been for the past six months directly nor indirectly concerned in any pool or agreement or combination to control the price of supplies, services or equipment bid on, or to influence any person to bid or not to bid thereon.

Parker County 10 PC26-15

FORMAL BID PC26-15 PETROLEUM ASPHALT & RELATED ROAD MATERIALS

PRICE SUBMITTAL FORM

Per gallon bid price Per gallon bid price

F.O.B. Plant Site Delivered

1. CRS-2 $ $

2. CRS-2H $ $

3. CRS-2P $ $

4. SS1/CSS-1 $ $

5. CSS-1H (80% diluted) $ $

6. Fast Set Fog Seal Emulsion $ $

7. AEP $ $

8. Prime & Tack $ $

9. Road Base Stabilizer $ $

10. Crack Seal – Cold $ $

11. Crack Seal – Hot $ $

12. Rap Processing, immediate use per ton $ $

13. Rap Processing, stock pile per ton $ $

14. Seal Coat Inter-locking Emulsion $ $

15. Other (Please Describe) $ $

16. Other (Please Describe) $ $

17. Environmental Fee (if any) $ $

17. Demurrage charges:

Minimum time limit:________________ Per hour rate: $_______

18. Dilution Fees: $____________ Pump/Hose: $____________

19. Other Charges: (Specify)

Temporary on-site storage tank: ________________________

Location of bidder's plant: _________________________________________________________

Parker County 11 PC26-15

In signing this bid page for formal bid #PC26-15, the undersigned is obligated to all the instructions, terms, conditions and specifications set forth in the pages of this document. The undersigned further agrees to provide the County any and all invoices it may require for pricing verification under this contract.

WOULD BIDDER BE WILLING TO ALLOW OTHER GOVERNMENTAL ENTITIES TO PIGGYBACK OFF THIS

CONTRACT, IF AWARDED, UNDER THE SAME TERMS AND CONDITIONS?:

_______YES _______NO

A. In accordance with Chapter 2270, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the company provides verification that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract/project. By signing this contract, the person submitting a bid/proposal on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract.

B. In accordance with Chapter 2252.152, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the company provides verification that it: (1) does not engage in business with Iran, Sudan or Foreign Terrorist Organization during the term of the contract/project. By signing this contract, the person submitting a bid/proposal on behalf of company verifies that the company does not engage in business with Iran, Sudan or Foreign Terrorist Organization during the term of this contract.

Bidder's Name and Address:

Name: _______________________________________Signature: _____________________________

Date: ____________________________________ Telephone: _____________________________

Email Address: ______________________________________________________________________

Parker County 9 PC26-15

NOTICE TO ALL BIDDERS

The Texas Workers’ Compensation Commission has adopted Rule 110.110 effective with all bids advertised after September 01, 1994 and this does affect your bid on this project.

The TWCC has stated that it is aware that statutory requirements for Workers’ Compensation insurance coverage are not being met. Rule 110.110 is designed to achieve compliance from both contractors and governmental entities. This affects both of us on this contract.

Providing false or misleading certificates of coverage, failing to provide or maintain required coverage, or failing to report any change that materially affects the coverage may subject the contractor(s) or other persons providing services on this project to legal penalties. This affects your subcontractors.

Therefore, the attached is provided in accordance with the requirements on governmental entities. Please read carefully and prepare your bid in full compliance to TWCC Rule 110.110. Failure to provide the required certificates upon submission of a bid could result in your bid being declared non-responsive.

According to TWCC, “This rule does not create any duty or burden on anyone which the Law does not establish”. Therefore, the County should not experience any increase in cost because of the Need to comply with the Texas Workers’ Compensation laws.

Kim Rivas Purchasing Agent Parker County

Additional questions may be addressed to the Texas Workers’ Compensation Commission, Southfield Building, 4000 S. IH-35, Austin, Texas, 78704, 512-440-3618.

Parker County 10 PC26-15

TWCC RULE 110.110 WORKERS’ COMPENSATION INSURANCE COVERAGE

Exhibit A

A. Definitions:

Certificate of coverage (“certificate”) – A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission or a coverage agreement (TWCC-81, TWCC-82, TWCC-83 or TWCC- 84), showing statutory worker’s compensation insurance coverage for the person’s or entities employees providing services on a project for the duration of the project.

Duration of the project – includes the time from the beginning of the work on the project until the contractor’s/person’s work on the project has been completed and accepted by Parker County.

Persons providing services on the project (“subcontractor” in Section 406.096) – includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity or employees of any entity, which furnishes persons to provide services on the project. “Services” does not include activities unrelated to the project such as food/beverage vendors, office supply deliveries and delivery of portable toilets.

B. The contractor shall provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services on the project for the duration of the project.

C. The contractor must provide a certificate of coverage to Parker County prior to being awarded the contract.

D. If the coverage period shown on the contractor’s current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with Parker County showing that coverage has been extended.

E. The contractor shall obtain from each person providing services on a project, and provide to Parker

County:

(1) a certificate of coverage, prior to that person beginning work on a project, so Parker County will have on file certificates of coverage showing coverage for all persons providing services on the project; and

(2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project

F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

G. The contractor shall notify Parker County in writing by certified mail or personal delivery within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the

Texas Workers Compensation Commission, informing all persons providing services on the project that they are required to be covered and stating how a person may verify coverage and report lack of coverage.

Parker County 11 PC26-15

I. The contractor shall contractually require each person with whom it contracts to provide services on a project to:

(1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section

401.011 (44) for all of its employees providing services on the project, for the duration of the project.

(2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project.

(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

(4) obtain from each other person with whom it contracts, and provide to the contractor:

a. A certificate of coverage, prior to the other person beginning work on the project; and

b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter.

(6) notify Parker County in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

(7) contractually require each person with whom it contracts to perform as required by paragraphs (1) through (7), with the certificates of coverage to be provided to the person for whom they are providing services

J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to Parker County that all employees of the contractor who will provide services on the project will be covered by worker’s compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or in the case of a self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions.

K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles Parker County to declare void if the contractor does not remedy the breach within ten days after the receipt of notice of breach from Parker County.