Purchase of Emulsions Page 1 Bid #27-BID-012

Invitation to Bid #27-BID-012 Wise County, Texas

Bid Title: Emulsions

Sealed Bids Will Be Received Until: 10:00 a.m. central time, Thursday, September 3, 2026

Return Bids To:

Wise County Asset Control Office 400 W Walnut, Decatur, or P.O. Box 952, Decatur, TX 76234

All bids must be submitted in a sealed envelope on the enclosed bid form and received on or before the time specified above. The bid envelope must have a company name, return address, the bid name and number on the outside of the sealed envelope.

Scope

Wise County is now accepting formal sealed bids for a contract for the purchase of Emulsions.

This contract will be effective from October 1, 2026 through September 30, 2027.

This contract may be canceled with 30 days written notification by either party to the other.

Specifications

It is the intent of these specifications to describe emulsions used in road construction.

Any catalog, brand name, or manufacturer’s reference used in describing an item is merely descriptive and not restrictive unless otherwise noted, and is used only to indicate type and quality of material.

Bidders must state exactly what they intend to furnish. If bidder takes no exception to specifications or reference data, he will be required to furnish items as specified in the bid.

The bidder may bid on one or more products as specified on the bid form.

All deliveries will be made within a 30-mile radius of the Wise County Courthouse in Decatur and prices must reflect all delivery, freight, and pumping charges.

Some factors considered in awarding this bid may be delivery time, vendor supply, vendor performance, reputation, and bid price.

Minimum temperature at delivery must be 300 degrees Fahrenheit or 90 degrees Fahrenheit for emulsions.

Purchase of Emulsions Page 2

Types and grades of products bid must meet specification of the Texas Department of Transportation 2024 Standard Specification for Construction of Highways, Streets and Bridges, Item 300(s) Surface Courses and Pavements. See Special Provision 300-016. For Frictional Asphaltic Surface Preservation Treatment, please see 2024 Special Specification 3001. Please include your specifications with the bid.

No bonuses will be considered as part of any bid.

The material shall be homogeneous. It shall show no separation of asphalt after thorough mixing and shall meet the viscosity requirements at any time within 30 days after delivery.

All invoices must show the per-unit (per-ton) cost of the product itself and any hauling fees, if applicable.

The geographical location of various plants where materials may be obtained will be taken into consideration of the bid award. Thus, it is essential that bids accurately detail the locations of company facilities from which materials are to come.

The County is seeking prices for materials delivered by the bidder's personnel and equipment unless otherwise requested.

Bid is set price not profit margin.

In order to comply with State laws concerning competitive bidding while maintaining as much continuity as possible between the County and its contracted vendor(s), Wise County has elected to utilize a "fluctuating price" contract(s) which takes the changing market conditions into consideration over the contract period.

Pricing must remain firm for sixty (60) day increments. This specification provides for a price increase every sixty (60) days, if needed. All bidders desiring consideration of a price increase must supply documentation. This can result in a price increase or price reduction. This price must be approved by Commissioners’ Court before it will be effective.

Estimated Quantities

Because Wise County's needs are seasonal in nature, it is not feasible to offer prospective bidders estimated quantities needed during the year. Wise County will in no way be bound to purchase any predetermined amounts under this contract. All purchases will be based on the county’s actual needs.

General Contract Terms and Conditions

The contract price for this service must include all ancillary costs associated with the service.

The bidder reserves the right to charge any price desired as long as it does not exceed the bid price.

All invoices will be paid on a net 30 basis. No late fees or interest charges are to be assessed against the county.

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Invoices must show the address and department where the service was required and the bid number. Each department/precinct must be invoiced separately.

Invoices must be sent to:

Wise County Auditor's Office P.O. Box 899 Decatur, TX 76234 940-627-5744 asstauditor@co.wise.tx.us

Funds for payment on this contract have been provided through the Wise County budget approved by Commissioners’ Court for this fiscal year only. State of Texas statutes prohibit the obligations 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 Wise County fiscal year shall be subject to budget approval. The fiscal year for the County extends from October 1st of each calendar year to September 30th of the next calendar year.

The bidder must provide pricing (unit or lump sum) as requested on the bid form. Prices quoted shall remain firm for the period of the contract and shall include the cost of installation if required in the specifications, shipping, and delivery of item to the designated point unless pickup is required and stated in the bid and shall not include Federal or State of Texas sales, excise and use taxes.

The undersigned affirms they have familiarized themselves with the local conditions under which the work is to be performed and have satisfied themselves of matters that may be incidental to the work before submitting a bid.

Bidders must submit their bids on the attached forms and they must be originally signed. Do not change forms by either entering in software that substantially changes the formatting or by changing any units of measurement.

Bids not submitted on these forms will be summarily disqualified. No ring binders

Faxed or emailed bids will not be accepted.

By submitting and signing the attached bid forms, each bidder is indicating that he has read and understood the instructions, terms, conditions, specifications, and invitation to bid and agrees to comply with and be bound by its precepts. Submission of a bid form shall constitute an offer on such terms that shall remain open and irrevocable until such time as a bid submitted on same has been accepted by the Commissioners’ Court of Wise County, Texas. Acceptance of same by the Court shall create a contract between the parties based upon the instructions, terms, conditions, specifications, invitation to bid, and the bid forms. Any additional terms and conditions submitted by bidders will be considered invalid. Only terms and conditions listed in the Wise County bid documents apply. Any changes to Wise County terms and conditions may result in disqualification of the bid.

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Award notice will include information on form 1295 disclosure that must be completed and returned prior to any bid award being considered final, contract being signed by Wise County, any Purchase Order being issued by Wise County, or any notice to proceed with work being issued by Wise County. Wise County cannot advise on the form 1295. If you have questions, the Texas Ethics Commission implemented the law and generated the form so we would suggest calling them at 512-463-5800 or https://www.ethics.state.tx.us.

By signing this document, your company will be providing the written verification if required by Texas Government Code Section 2270.002 that the company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.

Continuing non-performance of the vendor in terms of specifications shall be basis for termination of the contract by Wise County. Wise County shall not pay for work, equipment, or supplies that are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. However, this shall in no way be construed as negating the basis for non-performance termination.

A Conflict of Interest Questionnaire and explanation has been included with this bid packet. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each individual, business, or agent who is subject to the laws filing requirements. If you are required to file a Conflict of Interest Questionnaire, the original signed questionnaire should be filed with the County Clerk’s Office. DO NOT INCLUDE THIS FORM WITH THE BID PACKET. IT

WILL NOT BE FILED BY ASSET CONTROL.

Wise County Clerk P.O. Box 359 200 N Trinity Decatur, TX 76234 940-627-3351

The bid analysis will include compliance to bid specifications, past performance with vendor, warranty, delivery time, and the overall cost to Wise County. Wise County reserves the right to consider deviations from these specifications. All bids meeting the intent of this invitation to bid will be considered for award. Bidders taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the bid. The absence of such a list shall indicate that the bidder has not taken exceptions and shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. Wise County Commissioners’ Court reserves the right to accept any and all or none of the exception(s)/substitution(s) deemed to be in the best interest of the County.

Award, if any, will be made to the responsible bidder(s) submitting the lowest and/or best bid price(s) for the item(s) as specified and meeting all the requirements of the invitation to bid. This bid may be co-awarded. Purchases will be made individually by respective Wise County Commissioners as the ex officio Precinct Road and Bridge Commissioner, depending on that bidder's prices and proximity to County job sites, for the type of product desired. All information required by the bid form must be furnished. To be determined will not be considered an answer. It should be understood by all bidders that Wise County reserves the right to award a contract to a qualified local bidder within three percent of the lowest bid. It should be understood by all bidders that Wise County reserves the right to reject bid https://www.ethics.state.tx.us

Purchase of Emulsions Page 5 submissions that do not meet the requirements of the invitation to bid and that do not contain all of the documentation detailed below.

1. Bid form completed in its entirety and originally signed

2. Price form

3. Affidavit

Wise County reserves the right to accept and/or reject any and all bids for any reason whatsoever.

All bids that have been submitted shall be available and open for public inspection after the contract is awarded except for trade secrets and confidential information contained in the bid and identified as such.

Pricing is not considered confidential.

Any and all terms and conditions offered by Wise County in this document or as part of individual purchase orders issued in connection to this agreement shall supersede any and all terms and conditions of the vendor and shall in fact govern the contract and agreement. This contract is governed by and construed in accordance with the laws of the State of Texas, and venue shall lie in Wise County, Texas.

Wise County reserves the right to waive any minor technicalities.

All submittals become the property of Wise County.

Additional Notice to Bidders

By resolution passed on February 23, 2004, the Wise County Commissioners’ Court reserves the right to refuse to consider any bid submitted by any person or entity that is currently indebted to Wise County.

Applicable Dates and Times

The bids will be received in the Wise County Asset Control Office at 400 W Walnut in Decatur, Texas, until 10:00 a.m. central time, Thursday, September 3, 2026.

The Wise County Asset Control Office will date and time receive stamp all bids upon their receipt.

The County assumes no responsibility for the timely delivery of any bid by anyone or any entity.

Deliveries that require a Driver License will be refused and returned to sender.

Those bids that come in after the above-mentioned time will be summarily disqualified and will be left unopened unless it is necessary to open the bid envelope to return a bid bond or check.

No modifications may be made to bids after the time set for the bid opening. Bids may be withdrawn up to, but not after, the time set for bid opening.

The bids will be opened and publicly read in the County Asset Control Office at 10:00 a.m., Thursday, September 3, 2026.

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Bids will be considered for award in Wise County Commissioners’ Court at the next regularly scheduled Commissioners’ Court at the location posted on the agenda. All bidders are encouraged to be present at the bid opening and the bid awarding to defend and answer questions about their bid.

If due to inclement weather or any reason beyond our control the Asset Control Office is closed on the scheduled bid opening date or time, the bid opening date and time will be the same time on the first day the office is reopened for business. Should this be after the original Commissioners’ Court date set for award, the award will be considered in the next scheduled Commissioners’ Court after the opening.

Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bids. Any interpretation made will be in the form of an addendum of the invitation for bids, drawings, specifications, etc., and will be furnished to all prospective bidders. Receipt of all addenda must be acknowledged by the bidder by signing and returning the addenda with the bid. All addenda will be bound with and made a part of the contract documents. Oral explanations or instructions given before the award of the contract will not be binding.

Written requests shall be emailed to: Diana Allen at Diana.allen@co.wise.tx.us.

Title

The bid must be submitted in a sealed envelope with the following written on the outside.

Purchase of Emulsions, Bid #27-BID-012

The bid envelope must also have the bidder's company name and complete return address on the outside of the envelope.

mailto:Diana.allen@co.wise.tx.us

Purchase of Emulsions Page 7

Wise County, Texas Purchase of Emulsions

Bid #27-BID-012

Bidder’s Name: ____________________________________________________________________

Physical Address: ______________________________________________________________

Mailing Address: __________________________________________________________________

City/State/Zip: ____________________________________________________________________

Phone Number: __________________________________

Email: _________________________________________________________________________

Contact Person: _________________________________________________________________

Attached Price Form Must Accompany Bid.

Do not change forms by either entering in software that substantially changes the formatting or by changing any units of measurement.

Vendor is responsible for checking Wise County website www.wisecountytx.gov for any addendum.

Purchase Price must include any and all charges. Any extraneous fees or charges that will or may be invoiced to the County must be disclosed on this form. This includes, but is not limited to freight, fuel or travel surcharges, overtime rate, etc.

Should other Governmental Entities located within Wise County decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and pricing would apply?

_____Yes _____No

If you, the Bidder, checked yes, the following will apply:

“Governmental Entity’s located within Wise County utilizing Inter-Governmental Contracts with Wise County will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by Governmental Entity’s other than Wise County will be billed directly to that Governmental Entity and paid by that Governmental Entity. Wise County will not be responsible for another Governmental Entity’s debts. Each Governmental Entity will order their own material/services as needed. The Vendor agrees that all terms, conditions, specifications, and pricing would apply.”

Signature: ________________________________________________________________________

Typed Name and Title: _____________________________________________________________

Date: ____________________________________________________________________________ http://www.wisecountytx.gov

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Products Bidder Loaded:

Straight Set Price all prices per Gallon

P2 Stabilizer _______Tanker FOB Plant _______ Tanker FOB County ______ Tote/Drum Plant

P2S _______Tanker FOB Plant _______ Tanker FOB County ______ Tote/Drum Plant

P2 CWE-2 _______Tanker FOB Plant _______ Tanker FOB County ______ Tote/Drum Plant

P2 CWP _______Tanker FOB Plant _______ Tanker FOB County ______ Tote/Drum Plant

P2 Rejuvenator _______Tanker FOB Plant _______ Tanker FOB County ______ Tote/Drum Plant

P2 Prime Concentrate _______Tanker FOB Plant _______ Tanker FOB County ______ Tote/Drum Plant

P2 RTU _______Tanker FOB Plant _______ Tanker FOB County ______ Tote/Drum Plant

Other Products Not Listed:

Demurrage Minimum Time Limit: ________________ Per Hour Thereafter: $ __________

Minimum Freight ________________

Pump Charge $ ______________

Push Charge $ ______________

Return Loads $ ______________

Tote Charge $ ______________

Drum Charge $ ______________

Plant Location: __________________________________________

Purchase of Emulsions Page 9

Bid: Emulsions, 27-BID-012

State of Texas (

County of Wise ( Affidavit

Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared _____________________________________________________ known to me to be the person whose name is subscribed to the following, who, after having first duly sworn, upon oath, did depose and say:

That the foregoing bid submitted by ______________________________________________ hereinafter called “Bidder” is the duly authorized agent of said company and that the person signing said bid has been duly authorized to execute the same. Bidder 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 contents 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 person engaged in this type of business prior to the official opening of this bid.

I am the affiant in the above-mentioned bid. I have personal knowledge of the facts contained in the foregoing statement and they are true and correct to the best of my knowledge and belief.

Further Affiant Sayeth Naught.

Name and Address of Bidder:

Bidder: ____________________________________________

Address: ____________________________________________

Telephone: ____________________________________________

Affiant signature: ________________________________________________

Printed Name: ___________________________

Title: ___________________________________

Date: ___________________________________

Sworn to and Subscribed before me this ______ day of ___________________, 20____.

Notary Public in and for the State of Texas