Active SLED Opportunity · TEXAS · ECTOR COUNTY
AI Summary
Ector County seeks hauling services for road construction materials including asphalt, caliche, crushed rock, and water. Services require dump trucks and water trucks with spray bars, billed hourly. Contract is one year with renewal option. Bids due July 16, 2026.
The Ector County Public Works Department has need of hauling of various materials to county road projects and stockpile yards within the county. Materials to be hauled will be but not limited to, hot asphalt, caliche, crushed rock for chip sealing and water and other road materials.
The county is looking for hourly rates on bell dumps, end dumps both 12- and 18-yard loads will be covered while hauling and water trucks. The water trucks (18-Wheelers) will need to be equipped with a spray bar. These rates will include a rate for standby time. Successful bidders will work with the county supervisor at an acceptable time for each haul and time will be sign off daily by the county supervisor in charge of that project. Billing will be every two weeks and will run through the normal county pay process.
The Ector County Public Works Department is responsible for the construction, maintenance, and improvement of the county's transportation infrastructure, including roads, drainage systems, and related public works facilities. To effectively carry out these responsibilities, the department requires reliable hauling services to transport a variety of materials to road construction, maintenance, and rehabilitation projects throughout Ector County.
The purpose of these specifications are to provide sufficient information to allow bidders the opportunity to submit a bid on the requirements for ECTOR COUNTY PUBLIC WORKS TRUCKING/HAULING SERVICES.
The Contractor shall be solely responsible for all trucks, equipment, materials, personnel, and operations utilized in the performance of services under this contract.
The Contractor shall bear all risk of loss, damage, theft, injury, or destruction to its vehicles, equipment, tools, materials, and personnel arising out of or related to the performance of the work until completion of the requested services.
The Contractor shall be responsible for any damage caused to County property, roadways, facilities, utilities, equipment, or the property of others resulting from the acts or omissions of the Contractor, its employees, agents, or subcontractors.
The Contractor shall maintain all insurance coverage required by this solicitation and applicable law and shall be responsible for any losses not covered by such insurance.
Nothing contained herein shall be construed to transfer responsibility for the Contractor’s vehicles, equipment, personnel, or operations to Ector County.
Ector County is requesting bids on ECTOR COUNTY PUBLIC WORKS TRUCKING/HAULING SERVICES. Sealed or Electronic Bids addressed to Ector County Purchasing Agent, Andrea Moralez will be received by 2:00 pm on Thursday, July 16, 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 "ECTOR COUNTY PUBLIC WORKS TRUCKING/HAULING SERVICES" 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 2:00 pm on Thursday, July 16, 2026. Any bids received after bid closing time will not be accepted.
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 specifications.
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.
| Specifications approved by Commissioners Court: | June 9, 2026 |
| 1st Advertisement: | June 13, 2026 |
| 2nd Advertisement: | June 20, 2026 |
| VIRTUAL Pre-Bid Meeting (Non-Mandatory): | June 25, 2026, 10:00am |
| Questions Due: | July 3, 2026, 5:00pm |
| Questions Answered: | July 10, 2026, 5:00pm |
| Bids Due/Bid Opening: | July 16, 2026, 2:00pm Sealed bids will be publicly opened via Microsoft Teams. |
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.
The Ector County Public Works Department has need of hauling of various materials to county road projects and stockpile yards within the county. Materials to be hauled will be but not limited to, hot asphalt, caliche, crushed rock for chip sealing and water and other road materials.
The county is looking for hourly rates on bell dumps, end dumps both 12- and 18-yard loads will be covered while hauling and water trucks. The water trucks (18-Wheelers) will need to be equipped with a spray bar. These rates will include a rate for standby time. Successful bidders will work with the county supervisor at an acceptable time for each haul and time will be sign off daily by the county supervisor in charge of that project. Billing will be every two weeks and will run through the normal county pay process.
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.
This contract shall be governed by and construed in accordance with the laws of and court decisions of the State of Texas.
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.
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.
Awarded Bidder will schedule and administer meetings throughout the progress of the work at maximum weekly intervals.
A. Vendor will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings.
B. Attendance Required:
1. Contractor
2. Owner
3. Engineer
4. Contractor’s Superintendent
5. Major Subcontractor’s (as necessary)
C. Agenda (Not all of these items will be used at every meeting)
1. Review minutes of previous meetings
2. Review of work progress
3. Field observations, problems, and decisions
4. Identification of problems that impede, or will impede, planned progress
5. Review of submittals schedule and status of submittals
6. Maintenance of progress schedule
7. Corrective measures to regain projected schedules
8. Planned progress during succeeding work period
9. Maintenance of quality and work standards
10. Effect of proposed changes on progress schedule and coordination
11. Other business relating to work
D. Record minutes and distribute copies within two days after meeting to participants, with
two copies to Engineer, Owner, participants, and those affected by decisions made
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.
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.
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The Bidder represents and warrants that it possesses the experience, personnel, equipment, licenses, permits, and authority necessary to perform the trucking and hauling services described in this solicitation.
The Bidder shall maintain all licenses, permits, registrations, and qualifications required by applicable federal, state, and local laws throughout the term of the contract.
Upon request, the Bidder shall provide documentation demonstrating its ability to perform the services required under this solicitation.
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.
The Bidder shall, upon request by Ector County, furnish satisfactory evidence of its experience, qualifications, equipment availability, financial capability, personnel, licenses, permits, insurance coverage, and ability to perform the services required under this solicitation.
Only Bidders that can demonstrate to the satisfaction of Ector County that they possess the necessary resources, experience, equipment, and capability to perform the requested trucking and hauling services in accordance with the specifications and contract requirements will be considered for award.
Ector County reserves the right to verify any information provided by the Bidder and to determine the Bidder's responsibility and capability to successfully perform the services contemplated by this solicitation.
This contract cannot be assigned without the prior written consent signed by both parties.
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: (855) 680-4747 8AM-8PM Monday-Friday
Web: https://help.procurement.opengov.com
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A. The Contractor shall provide all trucks, equipment, operators, supervision, fuel, maintenance, and incidentals necessary to perform the hauling services described in this solicitation.
B. Services shall be performed at locations designated by Ector County and in accordance with the schedules established by authorized County personnel.
C. The Contractor shall ensure that all vehicles are maintained in safe operating condition and comply with all applicable federal, state, and local laws and regulations.
D. The Contractor shall provide qualified operators possessing all licenses and certifications required to perform the services.
E. The Contractor shall be responsible for the timely arrival of equipment and personnel at designated job sites and shall promptly notify the County of any delays that may affect service performance.
F. The Contractor shall not assign, transfer, or subcontract performance of services without complying with the subcontracting requirements contained in this solicitation.
G. The Contractor shall remain responsible for all services performed under this contract, including services performed by any approved subcontractor.
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:
Andrea Moralez
Purchasing Agent
Email: andrea.moralez@ectorcountytx.gov
Phone: (432) 498-4020
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.
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.
A. The Bidder warrants that all services performed under this contract shall be completed in a professional and workmanlike manner by qualified personnel exercising the degree of skill and care ordinarily exercised by reputable contractors providing similar services.
B. The Bidder warrants that all trucks, equipment, and vehicles utilized in the performance of services under this contract shall be properly maintained, in safe operating condition, and compliant with all applicable federal, state, and local laws, regulations, and safety requirements.
C. The Bidder warrants that all services performed under this contract shall comply with all applicable requirements of the Occupational Safety and Health Act (OSHA), Texas Department of Transportation (TxDOT) regulations, and all other applicable governmental regulations.
D. The Bidder warrants that it possesses and shall maintain throughout the term of the contract all licenses, permits, registrations, certifications, and qualifications required to perform the services described in this solicitation.
E. The Bidder shall promptly correct, at its own expense, any deficiencies in performance resulting from failure to comply with the requirements of this contract
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.
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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.
Any request for a rate adjustment shall be submitted in writing by the Contractor at least thirty (30) days prior to the beginning of any renewal term. Rate adjustments are not automatic and shall be subject to review and approval by Ector County. Any approved adjustment shall not exceed five percent (5%) of the rates in effect during the preceding contract term. Approval of a rate adjustment shall be at the sole discretion of Ector County and shall be documented in writing prior to the effective date of the renewal term. No rate adjustments shall be permitted during the initial contract term.
Services under this contract shall be provided on an as-needed basis. Ector County does not guarantee any minimum number of service requests, hours, loads, work assignments, or contract expenditures. The actual amount of services requested may vary depending on project requirements, weather conditions, funding availability, and operational needs. The Contractor shall have no claim against Ector County for any minimum amount of work or compensation under this contract. Any services requested by Ector County shall be performed and compensated at the awarded contract rates.
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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.
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.
Bids will be received and publicly opened at the date and time stated in this solicitation. The bid opening may be conducted in person, virtually, or through a combination of both methods, as specified in the solicitation documents or any subsequent addenda. Bidders, their representatives, and interested persons may attend the public opening in accordance with the instructions provided in the solicitation. Information submitted in response to this solicitation may be subject to disclosure in accordance with the Texas Public Information Act. Any information identified by the Bidder as confidential or proprietary will be handled in accordance with applicable law.
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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.
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.
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.
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Invoices shall be emailed directly to LCA and Ector County:
lar@lcaodessa.com, jeffrey.avery@ectorcountytx.gov, claire.alvarado@ectorcountytx.gov, lca@lcaodessa.com
Invoices should be mailed directly to:
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
In the event invoices cannot be emailed, they are to be directed to: Ector County Auditor, 1010 E. 8th Street, Room #121, Odessa, Texas, 79761, AND Public Works Department, 7613 W. Dunn, Odessa Texas, 79761.
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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.
Payment(s) may be made to the Bidder, and shall be paid on a thirty (30) day term, after a copy of the itemized pay request is presented to LCA for their acceptance and approval and forwarded to County staff for processing the payment. A 5% retainage shall be withheld until final approval and acceptance by Ector County. The original Pay Request should be sent directly to LCA, 521 N. Texas Ave., Odessa, Texas, 79761. Ector County will pay only after notification that receipts of merchandise and/or services have been made to the County’s satisfaction and acceptance and invoice according to be awarded pricing.
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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.
Payment shall be made to the Contractor within thirty (30) days after Ector County's receipt and acceptance of all services performed and receipt of a valid invoice.
Invoices shall be submitted in accordance with the invoicing requirements set forth in this solicitation and shall accurately reflect the services performed at the awarded contract rates.
Ector County shall not be obligated to pay for services that have not been performed, have not been accepted by the County, or are not invoiced in accordance with the terms of this contract.
In determining bidder responsibility, Ector County may consider factors including, but not limited to:
B. Ector County reserves the right to award to a single vendor, multiple vendors, or designate primary and secondary vendors based upon the County's operational requirements and the best interests of Ector County.
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.
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 timely submitted bids and to make the award.
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.
Hauling of various materials to County road projects and stockpile yards within the County.
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.
The County reserves the right to award this Bid to the Bidder(s) determined to be most responsive, responsible, and capable of fulfilling the requirements and needs of Ector County. The successful Bidder(s) shall not commence work until a fully executed Ector County Master Service Agreement, along with all required insurance documentation, has been submitted and approved by Ector County.
Successful bidders will work with the county supervisor at an acceptable time for each haul and time will be sign off daily by the county supervisor in charge of that project. Haul materials from designated source locations (quarries, stockpiles, etc.) to project sites as directed by authorized County personnel. The vendor is responsible for the delivery and pickup of all road construction materials and for the pickup and drop-off of water required for dust control and compaction. All deliveries must be coordinated with the project schedule and directed to locations designated by County representatives.
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.
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.
The Bidder shall provide a minimum of three (3) references for projects of similar size and scope completed within the past five (5) years. For each reference, provide the client's name, the contact information of the responsible representative (including name, title, telephone number, and email address), a brief description of the services provided, and the dates during which the services were performed.
Ector County reserves the right to contact any reference provided by the Bidder to verify the quality, timeliness, and overall performance of the services rendered.
Ector County is requesting hauling services requiring the use of an18-wheeler water truck, fully equipped with a rear spray bar and capable of carrying 5,000–8,000 gallons of water. Services are provided on an hourly basis and include the supply of water for road construction, dust suppression, grading, and compaction activities.
It is the vendor’s sole responsibility to apply water as needed for road material construction. Ector County will not provide, operate, or handle any water spraying equipment. The vendor must supply all necessary equipment and ensure proper application in accordance with project requirements.
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.
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.
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.
Ector County is requesting hauling services requiring the use of dump trucks. Services shall be performed using a combination of Belly Dump Trucks, and End Dump Trucks with 12-yard and 18-yard capacities.
All trucks must be in good mechanical condition and capable of performing repetitive hauls over both paved and unpaved surfaces. Belly Dumps must have operable gates for controlled flow. End Dumps must have functional hoists, safety alarms, and tailgate locks. The trucks will need to be able to dump in to a hopper on a paving machine.
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.
Bidder shall make the necessary inspections to familiarize themselves with all existing specifications of the 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.
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.
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.
A. All materials and workmanship shall be subject to inspection, examination, or test by the Owner and Engineer at any and all times during manufacture or construction and at any and all places where such manufacture or construction occurs. The Owner shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material of specified quality without charge. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the Owner may by contract or otherwise have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any Monies which may be due the Contractor, without prejudice to any other rights or remedies of the Owner.
B. The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. All tests by the Owner will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of
the technical specifications.
C. The Contractor shall notify the Owner sufficiently in advance of back filling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the Owner, the Contractor shall uncover for inspection and recover such facilities at his own expense, when so requested by the Owner.
D. Should it be considered necessary or advisable by the Owner at any time before final acceptance of the entire work to make an examination of work already completed by uncovering the same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or his subcontractors, the Contractor shall
defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, shall be allowed the Contractor and he shall, in addition, if completion of the work of the entire Contract has been delayed thereby, be granted a suitable extension of time on account of
the additional work involved.
E. Inspection of materials and appurtenances to be incorporated in the improvements included in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the technical specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the Project Site.
F. Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the Owner or its agents shall relieve the Contractor or his sureties of full responsibility for materials furnished, or work performed not in strict accordance with the Contract.
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.
The Owner and its authorized representatives and agents shall have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Owner through its authorized representatives or agents.
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.
The vendor will be responsible for all spillage that may occur during transport, loading, or unloading operations. The vendor shall immediately report any spillage to the designated County representative responsible for the project and clean up the spillage. Failure to do so may result in corrective action and back charges for any costs incurred by Ector County.
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.
When the Improvements included in this Contract are substantially completed, the Contractor shall notify the Owner in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The Owner will make the arrangements necessary to have final inspection commenced on the date stated in the notice, or as soon thereafter as is practicable.
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.
Ector County will provide a minimum of one (1) business day’s notice for requested hauling or delivery services. Upon receiving notice, the vendor shall confirm availability and provide an estimated time of arrival (ETA) for equipment and personnel. Confirmation and ETA must be communicated no later than the end of the business day on which notice is received. Communication related to the performance of services under this agreement will be conducted primarily via phone call. However, other forms of communication such as email, text message, or instant messaging may be used as necessary for documentation, scheduling, or convenience, provided they do not hinder the execution of services.
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.
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.
If the Owner deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the Contract Price will be made by agreement between the Contractor and the Owner and subject to settlement, in case of dispute, as herein provided.
Depending on the specific project requirements, the vendor may be required to operate during either day or night shifts. Standard working hours are generally between 6:00 AM and 5:00 PM CST, with typical workdays consisting of approximately 8 to 10 hours. While emergency call-outs are not anticipated, the vendor must be available for scheduled night and weekend work as needed. Ector County will provide advance notice for any such scheduling.
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.
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.
All services under this contract shall be billed at an agreed-upon hourly rate. The hourly rate shall be all-inclusive, incorporating all mobilization, fuel, maintenance, operator wages, and any other ancillary costs. No additional charges outside the stated hourly rate will be accepted unless expressly approved in writing by Ector County in advance.
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).
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.
Awarded vendor shall provide load tickets and daily haul tickets for all work performed. These documents must be submitted at the end of each workday and shall be signed by the designated jobsite supervisor to verify the accuracy of the services rendered.
Invoices shall include reference to load counts, truck types, material hauled, and dates of service.
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.
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.
All trucks and equipment utilized under this contract shall meet or exceed the minimum safety requirements established by the Texas Department of Transportation (TxDOT). This includes compliance with all applicable TxDOT regulations regarding vehicle condition, safety equipment, driver qualifications, inspections, and operational protocols. All trucks used for hauling materials under this agreement must be properly covered with tarps or other suitable coverings to prevent spillage, dust, or debris from escaping during transport. The contractor is responsible for ensuring all loads are secured and compliant with applicable local, state, and federal regulations regarding material containment and roadway safety. The awarded vendor will supply any documentation to Ector County upon request.
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.
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).
Subcontracting is permitted under this contract; however, the awarded vendor shall retain full responsibility for ensuring that all subcontractors comply with the terms and conditions of the contract, including safety standards, performance expectations, and all applicable local, state, and federal regulations. The vendor shall be liable for any actions, omissions, or violations committed by its subcontractors as if performed by the vendor itself.
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.
FAILURE TO COMPLETE ON TIME: The time of completion is the essence of the contract for each calendar day that any work remains uncompleted for a construction area, after the time specified in the contract, or the increased time granted by the Owner, the sum per day given in the following schedule, unless otherwise specified in the special conditions, will be deducted from the moneys due the Contractor.
The sum of money thus deducted for such delay or non-completion is not to be considered a penalty but shall be deemed, taken, and treated as reasonable liquidated damages, since it would be impractical and extremely difficult to fix actual damages.
Original Contract Amount |
| Daily Charge |
From More Than | TO AND INCLUDING | Per Calendar Day |
$0 | $25, 000 | $40 |
$25,000 | $100,000 | $70 |
$100,000 | $500,000 | $150 |
$500,000 | $1,000,000 | $310 |
$1,000,000 | $2,000,000 | $570 |
$2,000,000 | $5,000,000 | $910 |
$5,000,000 | $10,000,000 | $1,410 |
$10,000,000 | $-------------- | $3,280 |
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.
All trucks and equipment used in the performance of services under this agreement must meet the operational, safety, and performance standards required by the County. Ector County reserves the right to inspect and determine the fitness of any truck or equipment proposed for use. Trucks deemed unfit or unsafe by the County shall not be used for the provision of services, and must be replaced at the contractor’s expense without delay.
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.
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.
If a bidder proposes a fuel surcharge, the bidder shall provide a detailed fuel surcharge methodology and schedule as part of its bid submission.
Any proposed fuel surcharge documentation shall be uploaded and submitted with the bid response in the designated Bid Upload Section.
Bidders that do not assess fuel surcharges are not required to submit fuel surcharge documentation. Submission of a bid without fuel surcharge documentation shall be interpreted as the bidder’s acknowledgment that no fuel surcharge will be applied under the resulting contract.
Any accepted fuel surcharge methodology shall become part of the resulting contract and may not be modified without prior written approval.
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.
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.
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.
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.
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.
Compliance with Air and Water Acts
(a) In compliance with the Clean Air Act, as amended, 41 U.S.C. Sec. 7401 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, the Contractor agrees that:
1) Any facility to be utilized in the performance of this contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20.
2) He will comply with all requirements of Section 114 of the Clean Air Act, as amended.
3) Materials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in the specifications.
(b) If the Contractor encounters existing material on sites owned or controlled by the Owner or in material sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall immediately notify the Owner. The Owner will be responsible for testing for and removal or disposition of hazardous materials on sites owned or controlled by the
Owner. The Owner may suspend the work, wholly or in part during the testing, removal or disposition of hazardous materials on sites owned or controlled by the Owner.
(a) The Contractor will not discriminate against any employee or the applicant for employment because of race, color, religion, sex, gender, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex, gender, or national
origin. Such action shall include, but not be limited to the following: employment,
promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the owner.
(b) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
(c) The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any
work covered by this contract so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.
(d) The Contractor shall take affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions.
(e) Contractors are encouraged to participate in voluntary associations which assist in fulfilling
their affirmative action obligations.
(f) The Contractor is required to provide equal employment opportunity and to take affirmative
action for all minority groups, both male and female, and all women, both minority and nonminority.
(g) The Contractor shall not use the affirmative action standards to discriminate against any
person because of race, color, religion, sex, or national origin.
(h) The Contractor shall not enter into any Subcontract with any person or firm debarred from
Government contracts
(i) Nothing herein provided shall be construed as a limitation upon the application of other laws
which establish different standards of compliance or upon the application of requirements
for the hiring of local or other area residents
The Contractor will not discriminate against any employee or applicant for employment because of disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based upon their disability in all employment practices such as the following: employment, promotion, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.
(a) To the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.
(b) The Contractor will include this clause in every subcontract for work in connection with the project.
The Contractor certifies that he does not and will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not and will not permit his employees any segregated facilities at any of his establishments, or permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise.
Upload Bid Here (As applicable):
The vendor will be responsible for all spillage that may occur during transport, loading, or unloading operations. The vendor shall immediately report any spillage to the designated County representative responsible for the project and clean up the spillage. Failure to do so may result in corrective action and back charges for any costs incurred by Ector County.
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.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
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.
Awarded vendor will be required to submit completed form.
Awarded vendor will be required to submit completed form.
Awarded vendor will be required to submit completed 1295 form.
Awarded vendor will be required to submit completed form.
Awarded vendor will be required to submit completed form.
Awarded vendor will be required to submit completed form.
Awarded vendor will be required to submit completed form.
Is this project for construction materials?
Will this project require the use of TxDOT language to utilize TxDOT funds?
EXAMPLE: 002-000-0000
Is this project a good (equipment, etc.) or a service?
Enter date as year (#) for example; three (3)
Specify the number of renewal terms and the duration of each term. For Example- three one (1) year terms.
Are there any special pickup or delivery requirements for this project?
Is bonding required for this project?
Will your project require bonding, a performance bond, and/or a payment bond? Select all that apply
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.
Obtain vendor list.
Add vendor list to Access Database in the Shared Drive and Pre-Invite List in OpenGov.
Please select the pricing response format desired.
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?
If you want to add other specifications please enter those below.
Is this project for a Turn key job?
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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