Active SLED Opportunity · TEXAS · ECTOR COUNTY

    ALL SEASON PRE- COATED PATCHING MIXTURE (ASPPM)

    Issued by Ector County
    countyIFBEctor CountySol. 256373
    Open · 8d remaining
    DAYS TO CLOSE
    8
    due May 22, 2026
    PUBLISHED
    Apr 28, 2026
    Posting date
    JURISDICTION
    Ector County
    county
    NAICS CODE
    324121
    AI-classified industry

    AI Summary

    Ector County seeks bids for All Season Pre-Coated Patching Mixture (ASPPM) for road maintenance. Bids due by 10:00 AM CST on May 22, 2026, via OpenGov or hard copy. Material must meet TxDOT standards. Award based on lowest responsible bid or best value.

    Opportunity details

    Solicitation No.
    256373
    Type / RFx
    IFB
    Status
    open
    Level
    county
    Published Date
    April 28, 2026
    Due Date
    May 22, 2026
    NAICS Code
    324121AI guide
    Jurisdiction
    Ector County
    State
    Texas
    Agency
    Ector County

    Description

    Ector County is requesting bids on ALL SEASON PRE- COATED PATCHING MIXTURE (ASPPM). Sealed or Electronic Bids addressed to Ector County Purchasing Agent, Andrea Moralez, will be received by 10:00 am CST on Friday, May 22, 2026. Any bids received after bid closing time will not be accepted.

    Ector County requests that Respondents use the OpenGov softwarehttps://www.co.ector.tx.us/page/ector.opengovbidsandproposals in order to submit your response. However, the County will accept hard copies of responses.

    All bids should be received either electronically, or at the location below by the deadline. If Bidder chooses to submit a Hard copy, it must be delivered in a sealed envelope with a return address and clearly marked "ALL SEASON PRE- COATED PATCHING MIXTURE (ASPPM)" The Bidder's firm name shall appear on the outside of the envelope.

    Deadline for bid submission is 10:00 am CST on Friday, May 22, 2026. Location for hard copy submittal is Ector County Purchasing Department, 1010 E 8th Street, Suite 110, Odessa, TX 79761.

    Project Details

    • Reference ID: 2026-IFB-118
    • Department: Public Works - Road and Bridge
    • Department Head: Jeff Avery (Public Works Director)

    Important Dates

    • Questions Due: 2026-05-13T22:00:00.000Z
    • Answers Posted By: 2026-05-15T22:00:00.000Z

    Evaluation Criteria

    • TIMELINE
      Specifications approved by Commissioners Court:April 28, 2026
      1st Advertisement:May 2, 2026
      2nd Advertisement:May 9, 2026
      Questions Due:May 13, 2026, 5:00pm
      Questions Answered:May 15, 2026, 5:00pm
      Bids Due/Bid Opening:May 22, 2026, 10:00am
    • VENUE

      The obligations of the parties to this contract are performable in Odessa, Ector County, Texas, and if legal action is necessary to enforce the same, exclusive venue shall lie in Odessa, Ector County, Texas.

    • SUBMISSION INFORMATION

      Ector County is requesting bids on ALL SEASON PRE- COATED PATCHING MIXTURE (ASPPM). Sealed or Electronic Bids addressed to Ector County Purchasing, will be received by 10:00 am on Friday, May 22, 2026.

      All bids should be received either electronically, or at the location below by the deadline. If Bidder chooses to submit a Hard copy, it must be delivered in a sealed envelope with a return address and clearly marked "ALL SEASON PRE- COATED PATCHING MIXTURE (ASPPM)" The Bidder's firm name shall appear on the outside of the envelope. Location for hard copy submittal is Ector County Purchasing Department, 1010 E 8th Street, Suite 110, Odessa, TX 79761.

      Deadline for bid submission is 10:00 am on Friday, May 22, 2026. Any bids received after bid closing time will not be accepted.

    • PURPOSE

      The purpose of these specifications are to provide sufficient information to allow bidders the opportunity to submit a bid on the requirements for ALL SEASON PRE- COATED PATCHING MIXTURE (ASPPM).

    • RISK OF LOSS

      Bidder shall bear the risk of loss of, or damage to, each item purchased until each item has been delivered to the location of installation or placement. Upon such delivery, all risk of loss of or damage to, each such item shall be borne by the bidder until inspected and accepted in writing by the participating County’s authorized representative. Bidder agrees that it shall maintain adequate insurance on the items purchased until accepted as required by the specification.

    • GOVERNING LAW

      This contract shall be governed by and construed in accordance with the laws of and court decisions of the State of Texas.

    • SUMMARY

      Ector County is requesting bids on ALL SEASON PRE- COATED PATCHING MIXTURE (ASPPM). Sealed or Electronic Bids addressed to Ector County Purchasing Agent, Andrea Moralez, will be received by 10:00 am CST on Friday, May 22, 2026. Any bids received after bid closing time will not be accepted.

      Ector County requests that Respondents use the OpenGov softwarehttps://www.co.ector.tx.us/page/ector.opengovbidsandproposals in order to submit your response. However, the County will accept hard copies of responses.

      All bids should be received either electronically, or at the location below by the deadline. If Bidder chooses to submit a Hard copy, it must be delivered in a sealed envelope with a return address and clearly marked "ALL SEASON PRE- COATED PATCHING MIXTURE (ASPPM)" The Bidder's firm name shall appear on the outside of the envelope.

      Deadline for bid submission is 10:00 am CST on Friday, May 22, 2026. Location for hard copy submittal is Ector County Purchasing Department, 1010 E 8th Street, Suite 110, Odessa, TX 79761.

    • FUNDING OUT CLAUSE

      Any award pursuant to this bid shall be contingent on sufficient funding and authority being made available in the fiscal period by the appropriate officials of the County. If sufficient funding or authority is not made available, the bid and/or award shall become null and void.

    • BID INSTRUCTIONS
      1. A complete bid consists of the return of the Request for Bid (BID), signed by an authorized official, attachments, certifications, enclosures herein, properly and legibly executed, and responses to the technical section.
      2. Addendum:  Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Ector County Purchasing Department. Addenda will issued through the eProcurement Portal.
      3. It is understood that Ector County reserves the right to accept or reject any/or all bids and to waive any technicalities as it shall deem to be in the best interest of Ector County. Receipt of any bid shall under no circumstances obligate Ector County to accept the lowest offer.
      4. Late Bids:  Bids received in the Ector County Purchasing Office after submission deadline shall be returned unopened and will be considered void and unacceptable. Ector County is not responsible for unmarked bids; bids delivered to the wrong location, lateness of mail, carrier, etc., and time/date stamp clock in the Purchasing Office shall be the official time of receipt.
      5. Deadline Extensions: Ector County reserves the right to make a judgment call to extend any deadline. All deadline extensions will be posted as an addendum on the Ector County Purchasing Website. If there is an unforeseen event causing the County to close for business or delay opening, the submission deadline may be extended. If the unforeseen event causes delays in carrier service operation, the County may issue an addendum to extend the deadline.
      6. Altering Bids:  Bids cannot be altered or amended after bid closing. Any alteration or erasure made before bid closing time must be initialed by signer of the bid, guaranteeing authenticity. After the due date, bids become the property of Ector County.
      7. No oral, no emails or facsimile bids will be considered. Electronic submissions are only accepted though Opengov E- Procurement platform. 
      8. A bid may not be withdrawn for a period of ninety (90) days after bid closing and bidders so agree upon submittal of their bid.
      9. Opening of Bids: Bids will be received and publicly opened at the location, date and time stated in the Timeline. Bidders, their representatives, and interested persons may be present.
      10. Confidentiality: All information disclosed by Ector County to the successful  bidder for the purpose of the work to be done or information that comes to the attention of the successful bidder during the course of performing such work is to be kept strictly confidential. Trade secrets and such confidential information contained in the bid and identified as such by the bidder shall not be disclosed at any time, unless required by law.
      11. Preparation of Response to Bids: Bidders are required to submit a complete solicitation response that satisfies all the requirements. Each bid is required to address, with a written response, each requirement in all sections of the bid and in the same format and sequence as the details presented in this document. Any bid not conforming to the specifications may be rejected.
      12. Contract: This bid and submitted documents, when approved and accepted by the Commissioners Court of Ector County, shall constitute a contract equally binding between the successful bidder and Ector County. No different additional terms will become part of this contract with the exception of Change Order.
      13. Change Order: No oral statement of any person shall modify or otherwise change, or effect the terms, conditions, or specifications stated in the resulting contract. All Change Orders to the contract will be made in writing by the Purchasing Agent of Ector County.
      14. The fact that a manufacturer chooses not to produce equipment and/or provide services to meet these specifications will not be considered sufficient cause to adjudge these specifications as restrictive. Where deviations from the specifications contained herein are necessary, the bidder shall state why, in their opinion, the product and/or services they offer will render equivalent reliability and performance. Failure to detail all such deviations will comprise sufficient grounds for rejection of the bid.
      15. Any catalog, brand name, or manufacturer’s reference used is considered to be descriptive, not restrictive, and is indicative of the type and quality the County desires to purchase. Bids on equal items of like quality and performance will be considered if the bid is noted and fully descriptive brochures are enclosed. The County reserves the right to determine recognized and accepted equal substitutions. If notation of substitution is not made, it is assumed the bidder is proposing the items exactly as specified.
      16. Any exceptions to the specifications shall be noted in the bid response.
      17. By submitting a bid, the bidder agrees to all specifications and conditions.
      18. Bidder must comply with all federal, state, County and local laws governing or covering this type of service.
    • ALL SEASON PRE-COATED PATCHING MIXTURE

      All material shall conform to Standard Specifications for Construction of Highways, Streets and Bridges, as published by the Texas Department of Transportation or equal/similar quality of product as approved by the authorized personnel of Ector County Public Works. Product cannot be changed or modified without notification to Ector County Public Works.

      THIS BID SHALL BE GOOD FOR A PERIOD OF ONE (1) YEAR FROM DATE OF AWARD.

      It is the intention of these specifications to describe Asphalt Patching Material for shaping and for filling and repairing holes in roadways and requirements shall meet the above referenced specification for the following:

      Meet TxDOT Department Material Specification: DMS-9202 “Asphaltic Concrete Patching Material (Stockpile Storage or Bagged) – All Season Pre-Coated Patching Mixture ) (ASPPM)

    • GENERAL CONDITIONS
      1. In setting forth these specifications, it is the desire of Ector County to offer equal opportunity to all bidders.
      2. During the performance of this bid, the bidder agrees not to discriminate against any employee or applicant for employment because of race, color, national origin, age, religion, gender, martial or veteran status, handicapping condition, or political belief.
      3. Respondents shall submit bids in accordance with the requirements outlined in section 3.1- Submissions Information. 
      4. It is the responsibility of the bidder to familiarize themselves with the facilities, utilities, equipment, storage capabilities and/or dispensing equipment needs of the County in this bid.
      5. The vendor shall notify the County withing 24 hrs. of any back order or anticipated delay in delivery.
      6. The vendor shall maintain a minimum order fulfillment rate of 95% withing the agreed delivery time frame. Failure to meet this requitement may be considered in evaluating vendor performance for future awards. 
    • DELIVERY

      The material shall be delivered as requested and directed by the Public Works Director, or the designee. The material shall be hauled to and stockpiled at the Ector County Public Works Yard, 7613 West Dunn, Odessa, Texas, 79764.

    • RELATIONSHIP

      The relationship between parties to this contract shall be that of independent contractors. Nothing contained in these specifications shall be interpreted or construed as establishing an agency or employer/employee relationship between the parties or between either party and the employees or representatives of the other party.

    • LEGAL CONSTRUCTION

      In case any one or more of the provisions contained in this contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this contract.

    • QUALIFICATION OF BIDDER

      Bidder must, at the request of the County, furnish satisfactory evidence of their ability to furnish the product and/or services in accordance with these terms and conditions of the specifications. Only bidders who can demonstrate to the satisfaction of the County that they are authorized to sell the proposed items or provide the services requested will be considered.

    • OPENGOV

      Ector County Purchasing Department has transitioned to OpenGov Procurement for Contractor and Vendor registration, posting, bid submittals, bid receivals, quotes, and proposals for solicitations. Contractors/Vendors are strongly encouraged to register with OpenGov Procurement at https://procurement.opengov.com/signup to participate in active solicitations. Registration is 100% free for vendors. To maximize your opportunity please register with OpenGov, so you don’t miss any updates.

      Should you need technical assistance with OpenGov, the following options are available:
      Email: procurement-support@opengov.com
      Phone: (650) 336-7167 8AM-8PM Monday-Friday
      Web: https://help.procurement.opengov.com

    • AUTHORIZED DISTRIBUTOR

      Bidder hereby warrants that it is an authorized distributor and agrees that it has complete contractual responsibility and authority to sell the items being purchased.

    • ASSIGNMENT

      This contract cannot be assigned without the prior written consent signed by both parties.

    • TURN KEY JOB

      The total bid price must be for a turn key job. Which includes, but is not limited to, all materials, supplies, labor, machinery, equipment, tools, superintendence and coordination with work of all other trades, freight & delivery (FOB. Odessa, Tx.), removal, installation, inspections, training and instruction, insurance, warranty, utilization and combination of existing equipment, and any other accessories and services necessary to complete the project.

    • COUNTERPARTS

      This contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument.

    • DELIVERY AND SERVICE REQUIREMENTS
      1. Delivery and/or Service shall be made by the bidder’s representative.
      2. Unless otherwise specified, all goods are to be shipped to each department. Title to the materials specified in the contract passes to the County on the date of acceptance of the items by the County.
      3. All of the system support, supplies, and maintenance must be provided by the bidder. The services to be performed by the bidder shall not be assigned, sublet, or transferred without written approval of the Ector County Commissioners Court.
      4. Bidder agrees to the delivery and/or service of the product to the locations of each County location involved.
      5. The delivery and/or service of the product shall be considered a prime part of this contract. Failure to state delivery and service capabilities may cause the bid to be rejected.
      6. Bidder agrees to be responsible for any loss or damages, or both, until materials have been delivered and accepted at destination.
      7. Loss or damage discovered at time of delivery/install to the County shall be noted and reported to bidder promptly for a resolution. Loss or damage discovered after delivery/install to the County shall be promptly reported to the bidder. All claims for damages occurring in transit shall be filed by the bidder. The County shall not be responsible for filing of any damage claim and no payment for items will be made by the County until received in acceptable condition. The bidder agrees that any such loss or damage shall not release the bidder from any obligation hereunder. 
    • PURCHASING

      Any technical questions concerning product specifications and/or document preparation prior to the bid opening date should be directed to, and asked within the eProcurement software OpenGov.

      Department Head and Procurement Contact:
      Andrea Moralez
      Purchasing Agent
      Email: andrea.moralez@ectorcountytx.gov
      Phone: (432) 498-4020

    • WARRANTIES
      1. The bidder warrants and represents that the County shall acquire upon completion of payment, good and clear title, free and clear of all liens, and claims or encumbrances of any kind.
      2. The bidder warrants materials supplied under this contract to conform to the specifications herein, to be free from defects in material and workmanship, and are fit for the purpose for which such materials are ordinarily employed. The County and bidder agree that this contract does not exclude or in any way limit other warranties provided for in this contract by law.
      3. The bidder warrants that the services proposed to the County shall conform to the standards promulgated by the U.S. Department of Labor under the operational Safety and Health Act of 1970.
      4. The bidder agrees that the goods, equipment, supplies, and/or services furnished under this contract shall be covered by the most favorable commercial warranties offered by the bidder to the County of such goods, equipment, supplies, and/or services.
      5. The bidder shall not limit or exclude any express, written or implied warranties and any attempt to do so shall render this contract voidable at the option of the County.
    • MULTIPLE AWARDED VENDORS

      Bids may be awarded on a unit price basis to one or more vendors, or may be awarded on the basis of "best buy" to one vendor. Chapter 262.027, (d), “Awarding of Contract, for the purchase of road construction material…for a particular location or type of material.” will also be used in the awarding of the bids.

    • CAPTIONS

      The captions to the various clauses of this contract are for informational purposes only and shall not alter the substance of the terms and conditions of this contract.

    • QUANTITIES

      Quantities listed hereon are estimated, based on proposed requirements. It is specifically understood and agreed that these quantities are approximate and increased quantities will be paid at the regular quoted unit price and the bidder shall not have any claim against the County for any quantities less than the estimated amount.

    • NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

      In the event of any claim of suit against any County on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed hereunder, the bidder shall defend the County against any such suit or claim and hold the County harmless from any and all expenses, court costs, and attorney's fees in connection with such claim or suit. The bidder's contractor liability insurance shall cover the bidder's and County's obligations under this paragraph.

    • SUCCESSORS AND ASSIGNS

      This contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns, except as otherwise indicated in this contract, their assigns.

    • PUBLIC BID OPENING

      Bids will be received and publicly opened at the location, date, and time posted in these specifications. Bidders, their representatives, and interested persons may be present. Trade secrets and such confidential information contained in the Bid and identified as such by the Bidder shall not be disclosed at any time unless required by law.

    • SAMPLES

      Samples of this material shall be furnished for the purpose of establishing quality of material. Samples will be furnished at no cost to Ector County. If not destroyed in the testing process, the samples will be returned at the respondent's expense. Samples shall be marked with permanent marker: Respondent's name, address and the County solicitation number. Samples should be provided in a one-gallon, re-sealable plastic bag.

    • DELIVERY/PICKUP

      Enter information regarding special delivery and/or pickup instructions.

    • TERMINATION - THE COUNTY MAY, SUBJECT TO THE PROVISIONS BELOW, BY WRITTEN NOTICE OF DEFAULT TO THE BIDDER, TERMINATE THE WHOLE OR ANY PART OF THIS PROJECT IN ANY OF THE FOLLOWING CIRCUMSTANCES:
      1. If the bidder fails to perform within the time specified herein or any extension thereof; or
      2. If the bidder fails to perform any of the provisions of this bid shall action constitute a breach of the project, in which case, Ector County, at its’ discretion, may require corrective action within a period of 10 days (or such longer period as the County may authorize in writing), after receipt of notice from the County specifying such breach. Failure to make correction as required by the Ector County Commissioners Court shall constitute a default.
      3. Ector County reserves the right to terminate the project immediately in the event the successful bidder fails to perform in accordance with the accepted bid.
      4. Continuing non-performance of the bidder in terms of specifications shall be a basis for the termination of the project by the County.
      5. The termination notice shall state the reasons for cancellation of the project.
      6. Upon default by the bidder, Ector County may enforce the performance of their bid in any manner provided by law, and at its’ discretion, may contract with another party with or without solicitation of bids or further negotiation.
      7. At a minimum, bidder shall be required to pay any difference in the cost of securing the products or services covered by this project from another source, plus reasonable administrative costs and attorney’s fees.
      8. Ector County shall not pay for work, equipment, supplies, and/or services which are unsatisfactory.
      9. In the event the county terminates this project in whole or in part, as above provided, the County may procure, upon such terms and in such manner as the County may deem appropriate, service similar to those so terminated, and the bidder shall be liable for any excess costs for such similar items, provided that the bidder shall continue the performance for this project to the extent not terminated under the provisions of this paragraph.
      10. The County shall not be liable for any excess costs if the failure to perform the project arises out of causes beyond the control and without the fault or negligence of the bidder.
      11. The bidder, in accepting the project, agrees that the County shall not be liable for damages in the event that the County declares the bidder in default hereunder.
      12. The County reserves the absolute right to terminate the project in whole or in part at its’ sole discretion with a 30 days written notice to the bidder. 
    • NON-DISCRIMINATORY POLICY

      Bidder agrees that as to all of its programs and activities conducted on the subject premises, it shall comply fully with all Civil Rights Acts and specifically will not discriminate against any person on the basis of race, color, national origin, sex, or by reason of being handicapped.

    • COMPLIANCE WITH APPLICABLE LAWS

      The contract is subject to all legal requirements in the local, state, and federal laws and the bidder agrees that it will comply with all applicable laws, regulations, and orders and rules of the City, County, State, and all other governmental agencies. Bidder agrees to obtain and bear the expense of any required permit or license.

    • TAXES

      All fees due to bidder under this Bid are exclusive of any taxes legally imposed on the licensing, delivery or use of items purchased. All taxes including any sales, use or import taxes are the responsibility of and shall be paid by bidder. Bidder shall not include State of Texas limited sales excise and use taxes in their invoices or vouchers and statements of cost. The County is exempt from payment of such taxes and an exemption certificate can be furnished to the bidder if requested.

    • BASIS OF AWARD
      1. Ector County reserves the right to accept or reject any qualified bid or to reject any and all bids, and to waive minor informalities. Ector County is not liable for any costs incurred by the bidder in the preparation of a response to this bid.
      2. Ector County reserves the right to negotiate with any or all bidders, and also reserves the right to award a contract to other than the bidder submitting the lowest cost bid, without negotiations.
      3.  Ector County reserves the right to award this contract to the bidder that demonstrates the best ability to fulfill the requirements and needs of Ector County
      4.  The bid will be awarded on a total basis to a single bidder considering all the requirements.
      5.  An award may be granted with the successful bidder by purchase order or award letter.
      6. The successful bidder shall commence work only after the approval of a completely executed contract and/or the County’s Master Service/Insurance requirements, if required by the County.
    • TESTING

      Ector County may have an independent laboratory test the material at any time during the length of the contract. If the results of the test show material does not meet specifications, the cost of the test will be absorbed by the vendor. If the results of the test show material does meet specifications, the cost of the test will be borne by Ector County.

    • EVALUATION CRITERIA
      1. The Bid will be awarded to the lowest most responsible and responsive Bidder meeting specification unless otherwise determined to be in the best interest of the County. Ector County has the right to vet all bidders for experience, successful timely projects, and workmanship.
      2. The Bid will be awarded on the basis of the County’s total requirements, to one, or multiple Bidders.
    • INVOICES

      Invoices shall be emailed directly to Ector County:

      Ector County Auditor, accountspayable@ectorcountytx.gov, and the authorized the Public Works Department Personnel including:

      jeffrey.avery@ectorcountytx.gov, amber.valles@ectorcountytx.gov, manuel.carillo@ectorcountytx.gov 

      1. The invoices shall show:
        -Name and address of bidder.
        -Detailed breakdown of all charges for the services delivered stating any applicable period of time.
      2. Invoices shall be based on actual services rendered/products delivered.
      3. If any items are not correct, these items shall be corrected before delivery driver leaves. In accordance with Chapter 2251 of the Government Code, payment will be made after receipt and acceptance by the County of all completed services and receipt of a valid invoice.

        In the event invoices cannot be emailed, they are to be directed to:

        1. Ector County Auditor, 1010 E. 8th Street, Room #121, Odessa, Texas, 79761, AND Public Works Department, 7613 W. Dunn, Odessa Texas, 79761. 
    • INTEREST OF MEMBERS OF A COUNTY

      No member of the governing body of the County and no other officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and carrying out of the business of the County, shall have any personal financial interest, direct or indirect, in this contract and the bidder shall take appropriate steps to assure compliance.

    • TEMPORARY FACILITIES AND CONTROLS

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    • PAYMENT

      Payment(s) may be made to the bidder, shall be paid on a thirty (30) day term, after a copy of the itemized invoice is presented to the entity for their acceptance and approval. Original invoices will be processed after notification that receipt of merchandise and/or services have been made to the Entity’s satisfaction, and invoiced according to be awarded pricing. Ector County will pay only after the items have been delivered to the County’s satisfaction and acceptance, and invoiced according to the awarded pricing.

    • JOB SITE PROTECTION

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    • INTEREST OF OTHER LOCAL PUBLIC OFFICIALS

      No member of the governing body of the Locality and no other public official of such Locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the business of the County, shall have any personal financial interest, direct or indirect, in this contract; and the bidder shall take appropriate steps to assure compliance.

    • SAFETY

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    • ENTIRE CONTRACT

      This contract including the conditions, specifications, required attachments and the bid which embodies the complete contract of the parties hereto, superseding all oral and written previous and contemporary contracts between the parties and relating to the matters in this contract, and expect as otherwise provided herein cannot be modified without prior written agreement of both parties to be attached to and made a part of this contract.

    • COUNTY USAGE OF INFORMATION

      The information submitted by any bidder will be used by the County to evaluate the bidder’s bid. The County reserves the right to use any other information which it obtains in order to evaluate submitted bids and to make the award.

    • MASTER SERVICE AGREEMENT & INSURANCE REQUIREMENTS

      The County reserves the right to award this Bid to the Bidder that demonstrates the best ability to fulfill the requirements and needs of Ector County. The successful Bidder shall commence work only after the approval of a completely executed Ector County Master Service Agreement and Insurance requirements. 

    • VENDOR REFERENCE

      The Bidder is required to provide at least three (3) references for a similar size and scope assignments completed in the past five years. Please give the client's name, contact details of the responsible staff (name, position, contact telephone, and email) and a brief description of the assignment completed, including the date when services were provided.
      If it is necessary, Ector County may contact the references provided to request information on the quality of services delivered by your company.

    • FORCE MAJEURE

      Neither the participating County nor bidder shall be required to perform any term, condition, or agreement in this contract so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, civil riots, floods, and any other cause not reasonably within the control of the County or bidder except as herein provided, and which by the exercise of due diligence, the County or bidder is unable, wholly or in part, to prevent or overcome.

    • STANDARDS OF PRODUCTS AND SERVICES

      It is required that bidders respond to this solicitation with standard, currently available products and services that been in operation for a period of time greater than six (6) months. This approach will ensure that minimum time and effort is spent in developing new products should a bid be awarded and that the associated costs of such a bid will be as low as possible.

    • WORKMANSHIP

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    • QUALITY ASSURANCE

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    • BIDDER INSPECTION

      Bidder shall make the necessary inspections to familiarize themselves with all existing specifications of the conditions involving the County facility, and/or units, which may affect the performance of this contract. Failure on the part of the bidder to make an inspection and raise questions or clarification thereof, shall not be grounds for any adjustment to the contract price or the period of performance after award is made.

    • INDEMNITY-LIABILITY

      Bidder agrees to protect, defend, indemnify, and save the County, its officers, and employees harmless from and against all claims, demands, and causes of action of every kind and character, without limit and without regard to the cause or causes thereof, or the negligence of any party or parties, including the negligence of the County, its officers, and employees, whether such negligence be sole, joint, or concurrent, for injury to or death of any person or damage to any property, arising out of or in connection with the activities of the bidder.

    • INDEMNITY-DEFENSE

      Bidder shall also indemnify, protect and save the County, its directors, officers, and employees harmless against any and all cost or expense of whatever kind of nature, including costs of litigation , attorney fees, and reasonable expenses in connection therewith whether or not such loss, injury, or damage shall be valid or groundless, and bidder shall be bound and obligated to assume the defense thereof, including any settlement negotiations, and shall pay, liquidate, discharge and satisfy any and all settlements, judgements, awards or expenses resulting from or arising out of such injuries, death or damages without reimbursement from the County. It is understood and agreed by bidder that in case the County, it’s officers, agents, employees, are made defendant in any suit or action and bidder fails or neglects to assume the defense thereof, after having been notified to do so by the County, that the County may compromise and settle or defend any such suit or action, the bidder shall be bound and obligated to reimburse the County for the amount expended by it in settling and compromising any such claim, or in the amount expended by the County in paying any judgement rendered therein, together with all reasonable attorney's fees incurred by the County by reason of its defense or settlement of such claims.

    • JOB CONDITIONS, CAUTIONS AND WARNINGS

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    • ERRORS AND OMISSION

      Due care and diligence have been used in preparation of this bid, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all the information presented herein, shall rest solely with the bidder. Ector County its representatives shall not be responsible for errors or omissions in these specifications, nor for failure on the part of the bidder to determine the full extent of the exposure.

    • WEATHER

      Add text

    • INDEMNITY - SUB-CONTRACTORS

      The bidder agrees that it will indemnify and save the County harmless from all claims growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen and furnisher of machinery and parts thereof, equipment, power, tools and all supplies including commissions, incurred in the furtherance of this contract by bidder.  When so desired by the County, the bidder shall furnish satisfactory evidence that all obligations of the nature here-in-above designated have been paid, discharged or waived. If the bidder fails to do so, then the County may at the option of the county either pay unpaid bills, of which the County has written notice, direct or withhold from the bidder's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, and whereupon payments to the bidder shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the County, by either the bidder or its surety.

    • CLEAN UP SITES

      Add text

    • BID BOND

      The Bid shall be accompanied by a Surety Bond, Certified Check, or Cashier's Check, in the amount of five percent (5%) of the total bid price. Bid bonds will be returned after the award of the bid. Upon the Bidders submittal of a Performance bond within thirty (30) calendar days following the notice of award, their Bid bond will be returned to them. In case of failure or refusal to do so within the time stated the bond submitted with the bid will be forfeited as liquidated damages.

    • INDEMNITY - WORKERS COMPENSATION

      Bidder agrees to be responsible for the Workers Compensation insurance on its employees. If any direct claim for Workers' Compensation benefits is asserted against the County by any of said employees or, in the event of death, by their personal representative(s) then upon written notice from the County, bidder shall undertake to defend the County against such claim(s) and shall indemnify and hold the County harmless from and against any such claim(s) to the extent of all benefits, cost of   litigation, disbursements and attorneys' fees incurred in connection therewith.

    • REQUIRED ONLY BY AWARDED VENDOR- PERFORMANCE/PAYMENT BOND

      Within thirty (30) days after notification of the awarded Bidder, the Bidder shall be required furnish a good and sufficient performance/payment bond in the amount of one hundred percent (100%) of the total bid price, payable to Ector County.

    • INDEMNITY – GOVERNMENT REGULATION

      In its performance of this contract, bidder shall comply with all applicable Local, State and Federal laws including but not limited to, the provisions of the Equal Employment Opportunity Act, American Disabilities Act and the Fair Labor Standards Act, and will indemnify and hold the County harmless from and against any claims, demands, suits, losses, damages, costs, and expenses arising out of any non-compliance or violation by bidder of any such laws

    • TESTING

      Ector County reserves the right to conduct whatever tests deemed necessary to identity a pre-qualified material and determine if there is a change in the composition, manufacturing process, or quality that may affect its durability or performance. In case of variance, the County's tests will govern. 

    • REMEDIES

      The rights and remedies of the County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity under this contract including the right to specific performance and offset.

    • DISPUTES

      Except as otherwise provided in this contract, during the period of performance of the contract, any dispute between the parties arising out of the performance of this contract  which is not disposed of by contract shall be decided by the County, who shall reduce its decision to writing and mail or otherwise furnish a copy thereof to the bidder. The decision of the County shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the bidder mails or otherwise furnishes to the County a written appeal.  The decision of the County, or its duly authorized representative for the determination of such appeals, shall be final and conclusive.  Such appeals shall be final and conclusive subject to any legal remedy that may be available under the laws of the State of Texas to the aggrieved party to further review such decision.  In connection with any appeal of the County's decision under the paragraph, the bidder shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.  Pending final decision of dispute hereunder, the bidder shall proceed diligently with the performance of the contract and in accordance with the County's decision.

    • CORPORATE STRUCTURE

      In case of change of corporate structure or loss of identity by assimilation or merger with other companies, this contract shall remain in effect and be binding on the successor company(ies).

    • NON-WAIVER

      Approval of the County shall not constitute nor be deemed a release of the responsibility and liability of the bidder, its employees, agents, or associates under the contract nor shall approval be deemed to be the assumption of such responsibility by the County.

    • PERMITS AND LICENSES

      Bidder will maintain in effect during the term of this contract any and all Federal, State, and/or local licenses and permits which may be required of bidder generally.

    • MASTER SERVICE AGREEMENT (MSA)/INSURANCE

      Awarded bidder must complete the attached MSA/Insurance and adhere to the insurance requirements for this project.

      The Insurance policy must show the Certificate Holder as Ector County. The Insurance policy must show exclusion

      added by endorsement as follows: "The certificate holder is named as Additional Insured on the General Liability policy.

      Waiver of subrogation are included on general liability and workers compensation policies in favor of Ector County". A

      copy of, an approved, MSA/Insurance form must be provided, and/or be on file with the Ector County Purchasing

      Department, prior to the bidder starts working on this project. The MSA and all Insurance policies are to be kept current

      during the time frame of this project.

    • DEBARMENT OR SUSPENSION REQUIREMENT

      The County is prohibited from spending federal, state, and/or local funds with bidders who have been debarred or suspended. By confirmation on this specification, the bidder attests that their company is not debarred by any governmental entity.

    • NON-COLLUSION REQUIREMENT

      The bidder declares, by signing and submitting a bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited another bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, of that anyone shall refrain from proposing; that the bidder has not in any manner, directly or indirectly, sought by contract, communications, or conference with anyone to fix the bid price of the bidder of any other bidder, or to fix any overhead, profit or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any cooperation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

      1. No negotiations, decisions, or actions shall be initiated by any company as a result of any verbal discussion with any County Employee prior to the opening of responses to this invitation to bid.
      2. No Officer or employee of the County of Ector, and no other public or elected official, or employee, who may exercise any function or responsibilities in the review or approval of this undertaking shall have any personal or financial interest, direct or indirect, in any contract or negotiation process thereof. The above compliance request will be part of all County of Ector contracts for this service.
    • CONFLICT OF INTEREST QUESTIONNAIRE

      Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any bidder or person conducting business or wishing to conduct business with a County, complete a “Conflict of Interest Questionnaire”. By law, this completed questionnaire must be filed with the County Clerk for the County of Ector. The Ector County Clerk’s mailing address is 300 N. Grant, Room 111, Odessa, Texas, 79761. A person commits an offense if the person violates Section 176.006, Local Government Code. An offence under this section is a Class C misdemeanor. Any questions concerning this form should be addressed to the Texas Ethics Commission; 201 East 14th St., 10th Floor; P.O. Box 12070, Austin, Texas, 78711-2070; 1-800-325-8506; fax 512/463-5777; or web site www.ethics.tx.us.

    • REQUIRED ONLY BY AWARDED VENDOR - DISCLOSURE OF INTERESTED PARTIES (FORM 1295)

      In compliance with Section 2252.908 of the Texas Government Code, Ector County Commissioners Court may not enter into a contract with a business entity as a result of acceptance or award of this solicitation unless the business entity submits a disclosure of interested parties form as required by this statute. Notification will be given to the business entity recommended for award upon which the business entity will be required to submit the completed form prior to award. A copy of this law is available at http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm. The on-line form is available at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The Definitions are included in Chapter 46, Ethics Commission Rules:  https://www.ethics.state.tx.us/tec/1295-Info.htm.

    • REQUIRED ONLY BY AWARDED VENDOR - BOYCOTTING ENERGY COMPANIES

      The 87th Texas Legislature (2021) approved Senate Bill 13, that forbids a state agency and a political subdivision (which includes a County) to enter into any contracts and investments with a company for goods or services unless the contract contains a written verification from the that; (I) it does not boycott energy companies pursuant to Section 809.001 of the Texas Government Code; and (II) will not boycott energy companies during the term of the contract. This law is only applies to a contract that; (I) is between a governmental entity and a company with 10 or more full-time employees; (II) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

    • REQUIRED ONLY BY AWARDED VENDOR - DISCRIMINATION AGAINST FIREARM OR AMMUNITION INDUSTRIES

      The 87th Texas Legislature (2021) approved Senate Bill 19 that forbids a state agency and a political subdivision (which includes a County) to enter into any contracts and investments with a company for goods or services unless the contract contains a written verification from the company that; (I) it does not have a practice, policy guidance, or directive that discriminates against a firearm entity or firearm trade association pursuant to Section 2274.001 of the Texas Government Code; and (II) will not discriminate companies during the term of the contract. This law is only applies to a contract that; (I) is between a governmental entity and a company with 10 or more full-time employees; (II) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

    • REQUIRED ONLY BY AWARDED VENDOR - PROHIBITION AGAINST BOYCOTTING OF ISRAEL

      Vendors/Contractors/Suppliers must be in compliance with the provisions of Chapter 2270 of the Texas Government Code which states a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and, (2) will not boycott Israel during the term of the contract. By submitting a signed response to an Ector County solicitation, the bidder is affirming compliance with Chapter 2270 of the Texas Government Code.

    • REQUIRED ONLY BY AWARDED VENDOR - BUSINESS WITH FOREIGN TERRORIST ORGANIZATIONS

      Vendors/Contractors/Providers must be in compliance with the provisions of §2252.152 and §2252.153 of the Texas Government Code which states, in part, contracts with companies engaged in business with Iran, Sudan, or Foreign Terrorist Organizations are prohibited. A governmental entity may not enter into a contract with a company that is listed on the Comptroller of the State of Texas website identified under Section 806.051, Section 807.051 or Section 2253.253 which do business with Iran, Sudan or any Foreign Terrorist Organization. By submitting a signed response to an Ector County solicitation, the bidder is affirming compliance with provisions of §2252.152 and §2252.153 of the Texas Government Code.

    Submission Requirements

    • BID UPLOAD

      Upload Bid Here (As applicable):

    • SPILLAGE (required)

      The vendor will be responsible for all spillage, which may occur during transit and unloading operations. The vendor shall immediately report any spillage to the office that ordered the fuel and clean up the spillage. Failure to do so shall initiate corrective action and back charge to the vendor of any incurred costs

    • CONFIRMATION (required)

      I hereby certify and that the items offered meets all of the requirements of the bid conditions and specifications and I hereby accept the provisions of the terms and conditions included in the bid specifications.

      The County of Ector does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services.

    • AUTHORIZED REPRESENTATIVE (required)

      Please download the below documents, complete, and upload.

    • PROPOSER RESIDENCY CERTIFICATION (required)

      Please download the below documents, complete, and upload.

    • CONFLICT OF INTEREST QUESTIONNAIRE (required)

      Please download the below documents, complete, and upload.

    • ECTOR COUNTY PROFESSIONAL REFERENCE SHEET (required)

      Please download the below documents, complete, and upload.

    • I CERTIFY AND ATTEST THAT MY COMPANY IS NOT DEBARRED BY ANY GOVERNMENTAL ENTITY (required)
    • NON-COLLUSION REQUIREMENT (required)

      The bidder declares, by signing and submitting a bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited another bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, of that anyone shall refrain from proposing; that the bidder has not in any manner, directly or indirectly, sought by contract, communications, or conference with anyone to fix the bid price of the bidder of any other bidder, or to fix any overhead, profit or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any cooperation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
      A.    No negotiations, decisions, or actions shall be initiated by any company as a result of any verbal discussion with any County Employee prior to the opening of responses to this invitation to bid.
      B.    No Officer or employee of the County of Ector, and no other public or elected official, or employee, who may exercise any function or responsibilities in the review or approval of this undertaking shall have any personal or financial interest, direct or indirect, in any contract or negotiation process thereof. The above compliance request will be part of all County of Ector contracts for this service.

    • REQUIRED ONLY BY AWARDED VENDOR -MASTER SERVICE AGREEMENT

      Awarded vendor will be required to submit completed form. 

    • REQUIRED ONLY BY AWARDED VENDOR -EXAMPLE- CERTIFICATE OF LIABILITY INSURANCE

      Awarded vendor will be required to submit completed form. 

    • REQUIRED ONLY BY AWARDED VENDOR - CERTIFICATE OF INTERESTED PARTIES - FORM 1295

      Awarded vendor will be required to submit completed 1295 form.

    • REQUIRED ONLY BY AWARDED VENDOR - SENATE BILL 13 VERIFICATION

      Awarded vendor will be required to submit completed form.

    • REQUIRED ONLY BY AWARDED VENDOR -SENATE BILL 19 VERIFICATION

      Awarded vendor will be required to submit completed form.

    • REQUIRED ONLY BY AWARDED VENDOR - HOUSE BILL 89 VERIFICATION

      Awarded vendor will be required to submit completed form.

    • REQUIRED ONLY BY AWARDED VENDOR -SENATE BILL 252 VERIFICATION

      Awarded vendor will be required to submit completed form.

    • Which Budget Account will this project be pulling from? (required)

      EXAMPLE: 002-000-0000

    • Projected Budget for Project (required)
    • Goods/Services (required)

      Is this project a good (equipment, etc.) or a service? 

    • Delivery/Pickup (required)

      Are there any special pickup or delivery requirements for this project? 

    • Bonding (required)

      Is bonding required for this project? 

    • Bonding (required)

      Will your project require bonding, a performance bond, and/or a payment bond? Select all that apply

    • Does your project require a Master Service Agreement? (required)
    • Risk Tier (required)

      Identify which Risk Tier is necessary for this project. If project meets very high or special requirements, please review and update MSA and COI per project. Review with Risk Management as necessary. 

       

    • Does this project require Liability Insurance? (required)
    • Do you have a vendor list? (required)
    • Vendor List

      Obtain vendor list.  

    • Vendor List

      Add vendor list to Access Database in the Shared Drive and Pre-Invite List in OpenGov.

    • Pricing Response Format (required)

      Please select the pricing response format desired.

    • Other Specifications (required)

      Will your project require specifications that will need to include temporary facilities and controls, job site protection, safety, workmanship, quality assurance, job conditions, cautions & warnings, weather, and clean up sites?

    • Other Specifications (required)

      If you want to add other specifications please enter those below. 

    • Turn key Job (required)

      Is this project for a Turn key job?

    Key dates

    1. April 28, 2026Published
    2. May 22, 2026Responses Due

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    Frequently asked questions

    SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.

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