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18-19 - Bid & Contract for construciton of permanent restrooms in Downtown Farmer's Market with Adam BoltonItem Nos. 18 & 19 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development James Hooten, Assistant Building Official Cheri Bedford, Main Street Coordinator & Historic Preservation Officer SUBJECT: Approve Low Bid Award for Construction of New Permanent Restrooms for Paris Farmer's and Artisan Market — and — Approve Contract for Services with Adam Bolton Construction, LLC dba IBEX Builds MTG. DATE: January 23, 2023 BACKGROUND For the past two fiscal years, the City Council has approved a construction budget for new permanent restrooms in the Downtown Farmer's and Artisan Market on SW 1" Street across from the Library. This project completes a portion of another recommended project in the Downtown Plan. Following completion of construction design plans and the circulation of plans for preliminary estimates to 3 local construction companies, revisions were then made to the final construction plans. From this initial review, estimates exceeded $50,000; therefore a procurement package was put together and sent out for public review. There was only one bid received by the due date of January 6, 2023. There was other interest, but no other bids were received. Adam Bolton Construction, along with IBEX Builds, in the amount of $76,870.77, was our one and only bid. Fiscal Impacts The project was approved with the capital projects for the FY 2022-2023 budget in the amount of $75,000. The bid exceeds this by $1,870.77. This overage will be covered by an unallocated matching grant line item elsewhere in the department budget. RECOMMENDATION Staff recommends Council approval for both agenda items: 1. Award the low bid in the amount of $76,870.77 to Adan Bolton IBEX Builds. 2. Approve Contract for Services with Adam Bolton Construction, LLC dba IBEX Builds Publish Dates: December 20, 2022 December 27, 2022 NOTICE TO BIDDERS The City of Paris will receive sealed bids at the Office of the City Manager, City of Paris, 135 1" S.E., P.O. Box 9037, Paris, Texas 75461-9037, for Farmers Market Restrooms and Food Truck Court. Bids will be received until 3:00 P.M. on Friday, January 6, 2023, at which time all bids will be publicly opened at the City of Paris, Council Chambers, 107 E. Kaufman Street, Paris, Texas, read aloud, tabulated and referred to the City Council for consideration. All bids must be submitted on the City of Paris form(s). Clearly mark on the outside of the envelope "Farmers Market Restrooms and Food Truck Court." Information, specifications and bid forms may be obtained at the Community Development, 150 Southeast First Street, Paris, Texas 75460. The City of Paris reserves the right to reject any and all bids, to waive any informality in bidding and to award bids as may be advantageous to the City. Bids received after the deadline will be returned to vendor unopened. IBullds903-517-5591 Bldder.BFX No 'NSCRIPTI60 _ 4uAHm UNIrPRICE BID NCiES 1 1TAPS & PERMITS - $ Assumed that associated City fees are waived 2 ITRASH CONTAINER 4.0 810.00 $ 3,240.00 Includes all SWPPP 3 DEMO & HAUL OFF 1.0 2,350.00 $ 2,350.00 4 DIRT WORK_ 20.0 200.00 $ 4,000.00 Select -fill grade in fill 5 DRAINAGE $ 6 I- URVEYING - $ 7 1CONCRETESLAB 1_20.0 30.00 $ 3,600.00 8 PLUMBING 1.0 13,375.00 _ $ 13,375.00 Assumed that water and electric are sharing food truckpedestal 9 ELECTRICAL 1.0_ 20,347.04 $ 20,347.04 Assumed that water and electric are sharing food truck pedestal 101HVAC/VENTING 1.0 2,537.64 $ 2,537.64 31 (BUILDING MATERIAL 120.0 86._72 $ 10,406.21 12 MING LABOR 120.0 33.33 $ 4,000.00 13 ROOFING 2.0 1,979.88 $ 3,959.76 Color to be chosen ASAP 14 INSULATION 1.0 750.00 $ 7_50.00 15 GYPSUM BOARD LABOR 1.0 1,350.00 $ 1,350.00 16 IQUARRYTILE BASE 55.0 30.00 $ 1,650.00 17 TAPE, BED, PAINTING 1.0 4,055.12 $ 4,055.12 Color to be chosen ASAP 18 CLEAN UP 1.0 2,000.00 $ 2,000.00 19 CONTRACTOR FEE 4.0 500.00 $ 2,000.00 First 50% of Bid Price will be billed after framing and mechanical inspections, final 50% will be billed after final inspection TOTAL BID PRICE $ 79,620.77 DELETE QUARRY TILE BASE AIt1IIN LIEU OF WIDER SLAB LIP 55.00 AIt2 iSMART LP SIDING IN LIEU OF 1.00 HARDIE BOARD Completion date 04/29/2023 Erosion control needs to be installed (30.00) $ (1,650.00) (1,100.00) $ (1,100.00) �P IBEX Builds PO Box 1260 Paris, TX 75461 903-517-6591 adam@bexbuilds.com ESTIMATE # 1346 DATE 01/01/2023 EXPIRATION DATE 01/09/2023 COSTCODE 0E.Cli ,11 IP10f111 01y VL'r -B— AMOUi`kIT Site Samces TAPS & PERMITS - assumed that associated City fees 0 0.00 0.00 are waived She Services TRASH CONTAINER - includes all SWPPP 4 310.00 3,240.00 Site Senticas DEMO & HAUL OFF - 1 2,350.00 2„350.00 Vertical DIRT WORK - select -fill grade infill is be used 20 200000 4,000®00 Construction vertical CONCRETE SLAB - per s 120 30.00 31600.00 construction Vertical PLUMBING - assumed that water and electric are 1 13,375.00 13.375.00 Construction sharing food truck pedestal Ver#cal ELECTRICAL - assumed that water and electric are 1 20,347.04 20,347.04 Can aloe sharia food truck pedestal Vertical HVACIVE INKS - per spec 1 2,537.64 2„537.64 Construon Vertical BUILDING MATERIAL - per spec 120 36.72 10,406.40 Construction Vertical FRAMING LABOR 120 333333333 4,000.00 Construction Vertical ROOFINGcolors to be chosen ASAP after contracting 2 1,979.66 3,959.76 Construction Vertical INSULATION - per spec 1 750°00 7160.00 Construction vsrdcal GYPBOARDLABOR I 1,350.00 1,350.00 Construction Vertical QUARRY TILE BASE 55 30.00 1,650.00 Construction Verlicall TAPE, BED, PAINT - colors to be chosen ASAP after, 1 4,055.12 4,055.12 Gonstrucdon co wing Sita Services CLEAN BJP - maks ready for turns over after final 1 2,000°00 2,000.00 inspections Contractor Fee CONTRACTOR FEE - ffrst 50V6 of Bid Price will be 4 500°00 2,000.00 billed after passing framing and reach ical IBEX Builds accepts no liability for structural design. We will not be responsible for displacement of the foundation due Ito ground movements and changes of the sail structure. These factors are beyond our control, We also recommend that the foundation be designed by a qualified engineer to most the requirements of the sail conditions and structure loads. Y COST CODE DESCRIPTION Inspections, final 50% Will be billed after final inspection Discount ALT 1 - delete quant' file in lieu of wider slab lip with Z - Flashing Discount ALT 2 - use Smart LP siding In Ileu of Hardie Board Thank you for the opportun4 to earn your business[ Accepted By TOTAL A Subtotal: 79,620.96 55 -30.00 -1,650.00 1 -1,100.00 -1,100.00 $76,870.96 Accepted Date IBEX Builds accepts no riablity for structural design. We will not be responsible for displacement of the foundation due to ground movements and changes of the soil structure. These factors are beyond our control. We also recommend that the foundation be designed by a qualified engineer to meet the requirements ofihe soil conditions and structure loads. 2�_STREET TW UD 9]".Y.. BOLLARD DETAIL ....... . ..... . ...... - - ---------- IST S I REETIRW )0VLRALL_ENNERS M RK SITE PLAN 1---A ". El ....... ... — BUILDING DATA STATEMENT OF INTENT CODES AND REGULATIONS — — - ---------- . .... . ...... .. ....... - — ----- '=" 119 totxerouowwamoE.s. ro.erauv mot pu . ... . ... . ... . ... . .................. . . . .................. I II 11 I II 11 -------------- - - - ('�'jf-M9UJT-lQN ftAN II C2Vj E_'E V NTIQN (4 NQ TH...EdYEvT1Q_�d. �mmnannme ai Y i u nu��tl=w� M C:.. yIIIII _ -_.__ -�-- b� I��tlA��`�P. Eve ,M `R}9_. � Y Uf47, IY'tE tuAIC-'� HfN�R05'.H � � TOILET PLAN, TYPICAL TOILET I GRAB BAR TYPICAL LAV CC`ti.Evk+T14.N is" AQ�ES. Sl@9�O DIAGRAMS J SgtE: I„' e 1'-L ,._r E c S,a• . ,'-M ...... - ------------- . .... ...wn wz,y.-.,` —PON -7. HVAC V- 0 -,—es - - - - --------- - I.J."Ob is S 55 FkQPR-YLAN– 7 DOMUJI�', WATER Z,FLQQ& —PLAN. RLOMOINQ WAsTF ANDVENT wz,y.-.,` —PON -7. HVAC V- 0 -,—es - - - - --------- - I.J."Ob is S 55 FkQPR-YLAN– 7 DOMUJI�', WATER Z,FLQQ& —PLAN. RLOMOINQ WAsTF ANDVENT ELAN ELECTRICA�, WS„qALLry LL. 7- ELF-MOC-A-L ci)w 'Ca m x LL w LL A --- ------------ ---- .NEL 7T gp_ RT .. . . . ........ PANEL -Pl- ? �z 44 :Nll, NY... ... . .... .. . 7777"", F."Aft-MIMM-49FAV-1 PANEL 'P2' �U . ........ . ....... . . ..... ..... . . LIU ELECTRICAL LOAD ANALYSIS ............... - . . .. . . . .................. .. ...... LIGHTING FIXTURE SCHEDULE wnrl 1«M1 110Y. TT K .... ..................... ....... . ..... Off, aa,«a.oaxasa,l-4T=— (ELEURICAL F41SER DIAQRAM D.— .. THE STATE OF TEXAS § COUNTY OF LAMAR § THIS CONTRACT is entered into on this _ m day of m _ , 2023, by and between the CITY OF PARIS, TEXAS, a municipal corporation located in Lamar County, Texas, (hereinafter referred to as "CITY"), acting by and through its City Manager or his designee, and ADAM BOLTON CONSTRUCTION, LLC D/B/A IBEX BUILDS ("hereinafter referred to as "CONTRACTOR") whose address is 242 CR 11400, Paris, Texas, 75462. WITNESSETH: WHEREAS, CITY desires to obtain services from CONTRACTOR for the construction of bathroom facilities and food truck court at the CITY's Farmer's Market Park. WHEREAS, CONTRACTOR is qualified to provide such services and is willing to undertake the performance of such services for CITY in exchange for fees hereinafter specified; NOW, THEREFORE, THAT IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: I. EmL)loment of Contractor CONTRACTOR will perform as an independent contractor all services under this Contract to the prevailing professional standards consistent with the professional level of care and skill ordinarily provided by competent members of its profession, both public and private, currently practicing in the same or similar locality under the same or similar circumstances. If CONTRACTOR is representing that it has special expertise in one or more areas to be utilized in this Contract, then CONTRACTOR agrees to perform those special expertise services to the appropriate local, regional and national professional standards. II. Scope of Services CONTRACTOR shall perform the following services: Attachment A: Construction of restroom facilities and food truck court at the Farmer's Market Park. Attachment A is hereby incorporated herein by reference and made a part hereof as if written word for word. However, in case of conflict in the language of Attachment A and this Contract, the terms and conditions of this Contract shall be final and binding upon both parties hereto. III. Pa anent for Services Total payment for services described herein shall be in accordance with Attachment A in the amount of SEVENTY-SIX THOUSAND, EIGHT HUNDRED SEVENTY DOLLARS AND 96/100 CENTS ($76,870.96). This total payment for services includes CONTRACTOR's ordinary expenses such as salary costs, overhead, direct expenses and profit. Additional expenses, which are extraordinary in nature, shall be approved in advance by CITY in writing signed by the parties. Such extraordinary expenses may be paid as incurred and billed to the CITY pursuant to this Contract over and above the total payment amount identified in this provision. Any extraordinary expenses not approved in writing in advance by the CITY shall remain the sole responsibility of the CONTRACTOR. CONTRACTOR will bill CITY monthly. Each invoice shall provide supporting information describing the work completed. If additional services or expenses are requested, CONTRACTOR will not provide such additional services until authorized by CITY in writing to proceed. The scope of services shall be strictly limited. CITY shall not be required to pay any amount in excess of the amount identified in the preceding paragraph unless CITY shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. Within thirty (30) days of receipt of each such invoice, CITY shall make payment in the amount shown by CONTRACTOR's approved statements and other documentation submitted. Such payments shall be subject to the Texas Prompt Payment Act, Texas Government Code §§ 2251.001, et seq. Nothing contained in this Contract shall require CITY to pay for any work that is unsatisfactory as determined by CITY or which is not submitted in compliance with the terms of this Contract, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which CITY may have if CONTRACTOR is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default. CITY reserves the right to revise or expand the scope of services after due approval by CITY as CITY may deem necessary, but in such event CITY shall pay CONTRACTOR equitable compensation for such services. In any event, when CONTRACTOR is directed to revise or expand the scope of services under this Section of the Contract, CONTRACTOR shall provide CITY a written proposal for the entire cost involved in performing such additional services. Prior to CONTRACTOR undertaking any revised or expanded services as directed by CITY under this Contract, CITY must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. It is expressly understood and agreed by CONTRACTOR that any compensation not specified in Paragraph III hereinabove may require approval by the City Council and is subject to the current budget year limitations. This Contract shall begin on the date first written above. The CONTRACTOR shall commence services upon execution of this Contract. Unless terminated, or unless the Scope of Services and Time of Performance are changed in accordance with Article XV, Changes, the CONTRACTOR shall complete the Scope of Services provided under Article 11 by May 29, 2023. The completion schedule set for in this Article may be subject to causes that result in delay over which neither CONTRACTOR nor the CITY has any control. Notification and justification for any such delays identified by the CONTRACTOR must be made in writing and approved by the CITY. The schedule of work will be extended to include any such delays pursuant to Article XV, Changes. V® Contract Termination Provision This Contract may be terminated at any time by CITY for any cause by providing CONTRACTOR thirty (30) days written notice of such termination. Upon receipt of such notice, CONTRACTOR shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Contract and shall proceed to promptly cancel all existing contracts insofar as they are related to this Contract. The CITY will only be obligated to compensate the CONTRACTOR in a just and equitable manner for those services performed prior to the effective date of termination and upon the CONTRACTOR's submitting a statement of actual services performed and payment requested. VII. Ownershi of Documents All materials and documents prepared or assembled by CONTRACTOR under this Contract shall become the sole property of CITY and shall be delivered to CITY without restriction on future use. CONTRACTOR may retain in its files copies of all drawings, specifications and all other pertinent information for the work. CONTRACTOR shall have no liability for changes made to any materials or other documents by others subsequent to the completion of the Contract. VIII. Insurance Requirements Before commencing work, the CONTRACTOR shall, at its own expense, procure, pay for and maintain during the term of this Contract insurance in accordance with the requirements set forth in Attachment B hereto, written by companies approved by the State of Texas, and acceptable to the City of Paris. The CONTRACTOR shall furnish to the City Clerk copies of the insurance policies required herein stating coverages, limits, expiration dates and compliance with all applicable required provisions. Policies shall reference the project and be addressed as follows: City of Paris 150 SE First St Paris TX 75460 IX. Right to Inspect Records CONTRACTOR agrees that CITY shall have access to and the right to examine any books, documents, papers and records of CONTRACTOR involving transactions relating to this Contract. CONTRACTOR agrees that CITY shall have access during normal working hours to all necessary CONTRACTOR facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give CONTRACTOR reasonable advance notice of intended audits. CONTRACTOR further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that CITY shall have access to and the right to examine any directly pertinent books, documents, papers and records of such engineer or sub- contractor involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all such sub -contractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of the paragraph. CITY shall give any such sub -contractor reasonable advance notice of intended audits. X. Successors and Assigns CITY and CONTRACTOR each bind themselves and their successors, executors, administrators and assigns to the other party to this contract and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Contract. Neither CITY nor CONTRACTOR shall assign or transfer its interest herein without the prior written consent of the other. XI. Contractor's Liability and Warrant Acceptance of the final work by the CITY shall not constitute nor be deemed a release of the responsibility and liability of CONTRACTOR, its employees, associates, agents or CONTRACTORS for the acceptable completeness of the work; nor shall such acceptance be deemed an assumption of responsibility by CITY for any defect in the work; nor shall such acceptance be deemed an assumption of responsibility by CITY for any defect in the work prepared by said CONTRACTOR, its employees, associates, agents or subcontractors. CONTRACTOR herein provides a one (1) year warranty on workmanship and a five (5) year warranty on the plaster. CONTRACTOR further provides a thirty (30) day warranty on tile, brick, and rock repairs. XII. INDEMNIFICATION CONTRACTOR DOES HEREBY COVENANT AND CONTRACT TO WAIVE ANY AND ALL CLAIMS, AND TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES OR SUITS, WHICH IN ANY WAY ARISE OUT OF, RELATE TO, OR RESULT FROM CONTRACTOR'S PERFORMANCE UNDER THIS CONTRACT AND WHICH ARE CAUSED BY THE INTENTIONAL WRONGFUL ACTS OR NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR OR CONTRACTOR'S SUBCONTRACTORS AND THE OFFICERS, AGENTS OR EMPLOYEES OF EITHER CONTRACTOR OR CONTRACTOR'S SUBCONTRACTORS (THE "INDEMNIFIED ITEMS") SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE, § 130.002(B). BY WAY OF EXAMPLE, THE INDEMNIFIED ITEMS MAY INCLUDE PERSONAL INJURY AND DEATH CLAIMS AND PROPERTY DAMAGE CLAIMS, INCLUDING THOSE FOR LOSS OF USE OF PROPERTY, AS WELL AS INTELLECTUAL PROPERTY INFRINGEMENT OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. XIII. Independent Contractor CONTRACTOR's status shall be that of an Independent Contractor and not an agent, servant, employee or representative of CITY in the performance of this Contract. No term or provision of or act of CONTRACTOR or CITY under this Contract shall be construed as changing that status. CONTRACTOR will have exclusive control of and the exclusive right to control the details of the work performed hereunder, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and engineers and the doctrine of respondeat superior shall not apply as between CITY and CONTRACTOR, its officers, agents, employees, contractors, subcontractors and engineers, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and CONTRACTOR. CITY and CONTRACTOR shall not be construed to be in any type of joint venture with respect to the scope of work set forth in this Contract. XIV. Default If at any time during the term of this Contract, CONTRACTOR shall fail to commence the work in accordance with the provisions of this Contract or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Contract or fail to use an adequate number or quality of personnel to complete the work or fail to perform any of its obligations under this Contract, then CITY shall have the right, if CONTRACTOR shall not cure any such default after thirty (30) days written notice thereof, to terminate this Contract. Any such act by CITY shall not be deemed a waiver of any other right or remedy of CITY. If after exercising any such remedy due to CONTRACTOR's nonperformance under this Contract, the cost to CITY to complete the work to be performed under this Contract is in excess of that part of the Contract sum which has not theretofore been paid to CONTRACTOR hereunder, CONTRACTOR shall be liable for and shall reimburse CITY for such excess. CONTRACTOR'S liability under this provision shall be limited to the total dollar amount of this Contract. This Section XIV shall not supersede and shall be in addition to CITY's right under Section VI to terminate this contract for any reason upon thirty (30) days' written notice of such termination. CITY's remedies for CONTRACTOR's default or breach under this Contract shall be one or more of the following remedies which may be exercised separately or in combination at CITY's sole exclusive choice: (a) Specific performance of the Contract; (b) Re -performance of this Contract at no extra charge to CITY; or, (c) Monetary damages in an amount not to exceed the greater of. (1) The amount of any applicable insurance coverage CONTRACTOR is required to purchase and maintain under this Contract plus any deductible amount to be paid by CONTRACTOR in conjunction with said coverage regardless of whether CONTRACTOR has actually purchased and maintained said coverage; or, (2) The total dollar amount of this Contract. The terms of Sections XII entitled Indemnification, and XVII entitled Confidential Information shall survive termination of this Contract. XV. Changes CITY may, from time to time, require changes in the scope of services to be performed under this Contract. Such changes as are mutually agreed upon by and between CITY and CONTRACTOR shall be incorporated by written modification to this Contract. XVI. Conflict of Interest CONTRACTOR covenants and agrees that CONTRACTOR and its associates and employees will have no interest, and will acquire no interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this Contract. All activities, investigations and other efforts made by CONTRACTOR pursuant to this Contract will be conducted by employees, associates or subcontractors of CONTRACTOR. XVII. Confidential Information CONTRACTOR hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of its obligations in accordance with this Contract, which is of a confidential, non-public or proprietary nature. CONTRACTOR shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for its own use or the use of any third party at any time during or subsequent to this Contract. As used herein, "Confidential Information" means all oral and written information concerning City of Paris, its affiliates and subsidiaries, and all oral and written information concerning CITY or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilation, studies or other documents, whether prepared by CONTRACTOR or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such materials that are or become generally available to the public other than as a result of disclosure by CONTRACTOR, or are required to be disclosed by a governmental authority or pursuant to a properly submitted request under the Texas Public Information Act. XVIII. Mailing Address All notices and communications under this CONTRACT to be mailed to CITY shall be sent to the address of CITY's agent as follows, unless and until CONTRACTOR is otherwise notified: Grayson Path City Manager City of Paris Post Office Box 9037 Paris, Texas 75461 Notices and communications to be mailed or delivered to CONTRACTOR shall be sent to the address of CONTRACTOR as follows, unless and until CITY is otherwise notified: Adam Bolton Construction LLC, d/b/a IBEX Builds P.O. Box 1280 Paris, TX 75461 Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is posted, faxed or personally delivered by the sending party. XIX. Applicable Law The CONTRACT is entered into subject to the Paris City Charter and ordinances of CITY, as same may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and federal laws. CONTRACTOR will make any and all reports required per federal, state or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with CONTRACTOR's income. Situs of this Contract is agreed to be Lamar County, Texas, for all purposes, including performance and execution. XX. Severability If any of the terms, provisions, covenants, conditions or any other part of this Contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XXI. Remedies No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Contract may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. XXII. Entire A reement This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein cannot be modified without written agreement of the parties. XXIII. Non -Waiver It is further agreed that one (1) or more instances of forbearance by CITY in the exercise of its rights herein shall in no way constitute a waiver thereof. XXIV. Headings The headings of this Contract are for the convenience of reference only and shall not affect any of the terms and conditions hereof in any manner. XXV. Venue The parties to this Contract agree and covenant that this Contract will be enforceable in Paris, Texas; and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Lamar County, Texas, or in the United States District Court for the Eastern District of Texas, Sherman Division. XXVI. No Third Parte Beneficiary For purposes of this Contract, including its intended operation and effect, the parties (CITY and CONTRACTOR) specifically agree and contract that: (1) the Contract only affects matters/disputes between the parties to this Contract, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with CITY or CONTRACTOR or both; and (2) the terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either CITY or CONTRACTOR. XXVII Incorporation of Provisions Re uired b= Law Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and this Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. XXVIII E" ual Em lovment O portunity In the performance of this Contract, the CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or any other protected class. XXIX Form 1295 CONTRACTOR, in compliance with the laws of the State of Texas, will execute the Form 1295, notice of interested parties, provided by Customer for filing with the Texas Ethics Commission. XXX Non-discrimination Against Israel CONTRACTOR, in compliance with the laws of the State of Texas, agrees that it does not and will not boycott the State of Israel IN WITNESS WHEREOF, the parties hereto have set their hands by their representatives duly authorized on the day and year first written above. --------------------------------SIGNATURE PAGE FOLLOWS-------------------------------- ATTEST: Janice Ellis City Clerk APPROVED AS TO FORM: Stephanie H. Harris City Attorney CITY OF PARIS GRAYSON PATH City Manager Date Signed: Adam Bolton Construction d/b/a IBEX Builds By: Adam Bolton Title: [Remainder of page left blank intentionally.] THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared GRAYSON PATH, City Manager of the CITY OF PARIS, a Texas Municipal Corporation, known to me to be the person who's name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same on the City's behalf. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF .2023. Notary Public Lamar County, Texas My commission expires THE STATE OF TEXAS § COUNTY OF LAMAR § This instrument was acknowledged before me on the day of u..__._�..._ 2023, by Adam Bolton in his capacity as _ _ of Adam Bolton Construction d/b/a IBEX Builds of Paris, Texas, a Texas Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same on behalf of and as the act of GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 2021 Notary Public _ County, Texas My commission expires Attachment A Publish Dates: December 20, 2022 December 27, 2022 NOTICE TO BIDDERS The City of Paris will receive sealed bids at the Office of the City Manager, City of Paris, 135 1" S.E., P.O. Box 9037, Paris, Texas 75461-9037, for Farmers Market Restrooms and Food Truck Court. Bids will be received until 3:00 P.M. on Friday, January 6, 2023, at which time all bids will be publicly opened at the City of Paris, Council Chambers, 107 E. Kaufman Street, Paris, Texas, read aloud, tabulated and referred to the City Council for consideration. All bids must be submitted on the City of Paris form(s). Clearly mark on the outside of the envelope "Farmers Market Restrooms and Food Truck Court." Information, specifications and bid forms may be obtained at the Community Development, 150 Southeast First Street, Paris, Texas 75460. The City of Paris reserves the right to reject any and all bids, to waive any informality in bidding and to award bids as may be advantageous to the City. Bids received after the deadline will be returned to vendor unopened. Bldder. IBEX Bullds 903-517-5491 No 'DESCRIPTION 1 (TAPS & PERMITS 2 (TRASH CONTAINER 3 DEMO & HAUL OFF 4 DIRT WORK_ 5 DRAINAGE 6 SURVEYING 7 (CONCRETE SLAB B PLUMBING 9 ELECTRICAL 10 I HVAC/VENTING 11 1 BUILDING MATERIAL 12 jFRAMFWGIABO4 13 ROOFING 14 INSULATION 15 GYPSUM BOARD LABOR 16 QUARRY TILE BASE 17 TAPE, BED, PAINTING 18 CLEAN UP 19 (CONTRACTOR FEE TOTAL BID PRICE Altl DELETE QUARRY TILE BASE IN LIEU OF WIDER SLAB LIP iSMART LP SIDING IN LIEU OF Alt2 HARDIE BOARD 4i;ANn4 UNRPRICE AID NOTEi - $ Assumed that associated City fees are waived 4.0 810.00 $ 3,240.00 Includes all SWPPP 1.0 2,350.00 $ 2,350.00 20.0 200.00 $ 4,000.00 Select -fill grade In fill 120.0 30.00 $ 31600.00 1.0 13,375.00 _ $ 13,_375.00 Assumed that water and electric are sharing food truck pedestal 1.0 20,347.04$ _ 20,347.04 Assumed that water and electric are sharing food truck pedestal 2,537.64 -'$-' . $- 2,537.64 - _1.0 120.0 86.72 $ 10,406.21 120.0 33.33 $ 4,000.0 2.0 _ 1,979.88 - - S 3,959.76 Color to be chosen ASAP 1.0 750.00 $ 7_50.00 - 1.0 1_,350.0_0 $ 1,350.00 55.0 30.00 $ 1,650.00 1.0 4,055.12 $ 4,055.12 Color to be chosen ASAP 1.0 2,000.00 $ 2,000.00 4.0 500.00 $ 2,000.00 First 50% of Bid Price will be billed after framing and mechanical inspections, final 50%will be billed afterfinal inspection $ 79,620.77 55.00 (30.00) $ (1,650.00) 1.00 (1,100.001 $ (1,100.00) AI''I yV Completion date 04/29/2023 Erosion control needs to be installed IBEX Builds PO Box 1280 Paris, TX 75461 903-517-5591 adam@Ibexbuilds.com ADDRESS City of Paris - Customer 1351 at S.E. Street Paris, TX 75460 ESTIMATE # 1348 DATE 01/01/2023 EXPIRATION DATE 01/09/2023 COST CODE LF"rCMT 7ha1'i 9 %.'' 0 0;7 Ah ; U114T Site Services TAPS & PERMITS - assumed that associated City fees 0 0.00 0.00 are waived Site Services TRASH CONTAINER - Includes all SWPPP 4 810.00 3,240.00 Site Services DEMO & HAUL OFF - 1 2,350.00 2,350.00 Vertical DIRT WORK - select -fill grade infill to be used 20 200.00 4,000.00 Construction Vertical CONCRETE SLAB - per spec 120 30.00 3,600.00 Construction Vertical PLUMBING - assumed that water and electric are 1 13,375.00 13,375.00 Construction sharing food truck pedestal Vertical ELECTRICAL - assumed that water and electric are 1 20,347.04 20,347.04 Construction sharing food truck pedestal Vertical HVACNENTING - per spec 1 2,537.64 2,537.84 Construction Vertical BUILDING MATERIAL - per spec 120 86.72 10,406.40 Construction Vertical FRAMING LABOR 120 33.3333333 4,000.00 Constructlon Vertical ROOFING - colors to be chosen ASAP after contracting 2 1,979.88 3,959.76 Construction Vertical INSULATION - per spec 1 750.00 750.00 Construction Vertical GYP BOARD LABOR 1 1,350.00 11350.00 Constriction Vertical QUARRY TILE BASE 55 30.00 11650.00 Construction Vertical TAPE, BED, PAINT - colors to be chosen ASAP after 1 4,055.12 4,055.12 Construction contracting Site Services CLEAN UP - make ready for turn over after final 1 2,000.00 2,000.00 Inspections Contractor Fee CONTRACTOR FEE - first 50% of Bid Price will be 4 500.00 21000.00 billed after passing framing and mechanical IBEX Builds accepts no liabilfty for structural design. We will not be responsible for displacement of the foundation due to ground movements and changes of the soil structure. These factors are beyond our control. We also recommend that the foundation be designed by a qualified engineer to meet the requirements of the son conditions and structure loads. Y COST CODE DESCRIPTIO14 Inspections, final 50% will be billed after final Inspection Dlscount ALT t - delete quant' file in lieu of wider slab lip with Z - flashing Discount ALT 2 - use Smart lP siding in lieu of Hardie Board Thank you for the opportunity to earn your business! Accepted By TOTAL 077 RATE r? MOUNT Subtotal: 79,620.96 55 -30.00 -1,650.00 1 -1,100.00 -1,10D.00 $76,870.96 Accepted Date IBEX Builds accepts no liability for structural design. We will not be responsible for displacement of the foundation due to ground movements and changes of the soil structure. These factors are beyond our control. We also recommend that the foundation be designed by a qualified engineer to meet the requirements oflhe soil conditions and structure loads. H HIM SIR >All JAI 0 T 15 z . .... M z 00 0 rn m Rs D 0 N . ....... .. ... ji: so 9 z V lip; - - - - - - - Lj L 0 X -0 > z PR 1 0 1 j MAW Farmers Market Toilet Facilities The City of Paris, Texas . .......... .. .. ........ISnEET TITLE ARCHITECTURAL FLOOR PLAN I SITE PLAN MM 10 O 0 2 'Adi"11. CA. ARCHITECTURE1 12 -C+ -2D22 >All JAI T 15 . .... ..... . ....... . ....... .. ... ji: so 9 z V lip; - - - - - - - Lj L 0 X -0 > z PR 1 0 1 j MAW Farmers Market Toilet Facilities The City of Paris, Texas . .......... .. .. ........ISnEET TITLE ARCHITECTURAL FLOOR PLAN I SITE PLAN MM 10 O 0 2 'Adi"11. CA. ARCHITECTURE1 12 -C+ -2D22 14 '"il um C9 t A 5$¢ � Hill,$ is a8 H ani€8 P ¢33 A i $ �a f A EVISIONS mm,,,, ,,.. PROJECT NAVE R°"°°"""� Farmers Market Toilet Facilities `' arromasxJa+wwenCou. DITECs"rr''W The City of Paris, Texas R �IARCX TORE _ „�,� r IN � .. ..,. .,_ sw'ein-BUILDIING SECTION ..•, k w. AND ELEVATIONS°. m p e0 30 �i • b i 0 o811 �. � R 33ptt IlRRR P w ED t 1 •'V w �.£='ytlfl'FEl'BOIIf4A-0LIDIi 6 'W OE Farmers Market Toilet Facilities The City of Paris, Texas MECHANICAL AND PLUMBING .E All 9111 '15 A �i �i • �a i �. � R 33ptt IlRRR P w ED i� 'I i B •'V w �.£='ytlfl'FEl'BOIIf4A-0LIDIi 6 'W OE Farmers Market Toilet Facilities The City of Paris, Texas MECHANICAL AND PLUMBING .E All 9111 '15 A • i ED i� 'I i B •'V w �.£='ytlfl'FEl'BOIIf4A-0LIDIi 6 'W OE Farmers Market Toilet Facilities The City of Paris, Texas MECHANICAL AND PLUMBING .E All 9111 '15 A D n � n % � . . . ..... . ....... . Farmers Market Toilet Facilities 'OWC ENGINEERING, LLC The City of Paris, Texas ELECTRICAL PLANS IN A IN I €1 t Farmers Market Toilet Facilities The City of Pans, Texas ELECTRICAL RISER & SCHEDULES DWC ENGINEERING, LLC 33171UGGEMM. Q w. ` DH-w A l1111 EGRRGLLMN TR.— TRFIW IFT - uw. wva+ .c.0ew0pnne+n wG]6�e0id6B Attachment B INSURANCE REQUIREMENTS 1. General Insurance Re uirements: 1.1 The Contractor shall not start work under this Contract until the Contractor has obtained at his own expense all of the insurance called for hereunder and such insurance has been approved by the City; nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Contractor. Contractor must submit appropriate certificates of insurance detailing the required coverage before the contract can be awarded. In certain instances, properly signed policy endorsements and/or certified copies of insurance policies showing the required coverage will be required. 1.2 The Contractor shall require all subcontractors to maintain during the term of this agreement, Commercial General Liability insurance, Business Automobile Liability insurance, and Workers' Compensation and Employer's Liability insurance, in the same manner as specified for the Contractor. The Contractor shall furnish subcontractors' certificates of insurance to the City immediately upon request. 1.3 All insurance policies required hereunder shall be endorsed to include the following provision: "It is agreed that this policy is not subject to cancellation, non -renewal, material change, or reduction in coverage until ten (10) days prior written notice has been given to the City Engineer, City of Paris". 1A No acceptance and/or approval of any insurance by the City shall be construed as relieving or excusing the Contractor, or the surety, or its bond, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents. 1.5 The City of Paris (including its elected officials, officers and employees) is to be named as an additional insured under all insurance policies under this Contract except Workers' Compensation and Automobile Liability, and the certificate of insurance, or the certified policy, if requested, must so state. Coverage afforded under this paragraph shall be primary as respects the City, its elected officials, officers and employees. 1,6 The Contractor shall provide insurance coverage for this contract and/or project as specified in the "Insurance Checklist" attached hereto. Full limits of insurance required by the checklist attached shall be available for claims 1 arising out of this contract and/or project. A copy of the insurance policies and/or endorsements issued for this project or properly executed Acord Certificate shall be submitted to the City prior to commencement of work. 1.7 The Contractor covenants to save, defend, hold harmless and indemnify the City and its elected officials, officers and employees (collectively the "City") from and against any and all claims, loss, damage, injury, cost (including court costs and attorney's fees), charges, liability or exposure, however caused, resulting from or arising out of or in any way connected with the Contractor's performance or non-performance of the terms of the Contract Documents or its obligations under the Contract. This indemnification shall continue in full force and effect until the Contractor completes all of the work required under the Contract, except that indemnification shall continue for all claims involving products or completed operations after final acceptance of the work by the City for which the City gives notice to the Contractor after the City's final acceptance of the work. 1.8 The Contractor shall be responsible for the work performed under the contract and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all descriptions used in connection with the work. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work, until final acceptance of the work by the City. 1.9 Insurance coverage required in these specifications shall be in force throughout the Contract Term. Should the Contractor fail to provide acceptable evidence of current insurance within seven (7) days of written notice at any time during the Contract Term, the City shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to the City for the entire additional cost of procuring performance and the cost of performing the incomplete portion of the Contract at time of termination. 1.10 Contractual and other liability insurance provided under this Contract shall not contain a supervision, inspection or engineering services exclusion that would preclude the City from supervising or inspecting the project as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor. 2 1.11 Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. 1.12 Precaution shall be exercised by the Contractor at all times for the protection of persons, (including employees) and property. All existing structures, utilities, roads, services, trees and shrubbery shall be protected against damage or interruption of service at all times by the Contractor and its subcontractors during the term of the Contract, and the Contractor shall be held responsible for any damage to property occurring by reason of its operation on the property. 1,13 All required insurance coverage must be acquired from insurers authorized to do business in the State of Texas and acceptable to the City. The City prefers that all insurers also have a policyholder's rating of "A-" or better, and a financial size of "Class VI" or better in the latest edition of A.M. Best, or A or better by Standard and Poors; exceptions to this policy may only be approved in writing by the City Manager or City Finance Director. 1,14 The City will consider deductible amounts as part of its review of the financial stability of the bidder. Any deductibles shall be disclosed in the Checklist and all deductibles will be assumed by the Contractor. Contractor/Vendor may be required to provide proof of financial ability to cover deductibles, or may be required to post a bond to cover deductibles. 2. Contractor's Insurance - "Occurrence" Basis: 2.1 The Contractor shall purchase the following insurance coverage, including the terms, provisions and limits shown in the Checklist. 2.1.1 Commercial General Liability -Such Commercial General Liability policy shall include any or all of the following as indicated on the Checklist: i. General aggregate limit is to apply per project. ii. Premises/Operations: iii. Actions of Independent Contractors; iv. Products/Completed Operations to be maintained for one year. Final completion and acceptance of the work, with evidence of same filed with owner. 3 V. Contractual Liability including protection for the Contractor from claims arising out of liability assumed under this contract; vi, Personal hijury Liability including coverage for offenses related to employment; vii. Explosion, Collapse, or Underground (XCU) hazards; if applicable. Coverage required for any and all work involving drilling, excavation, etc. 2,1 m2 Business Automobile Liability including coverage for any owned, hired, or non -owned motor vehicles and automobile contractual liability. 2.1.3 Workers' Compensation - statutory benefits as required by the State of Texas, or other laws as required by labor union agreements, including Employers' Liability coverage. 2.2 Owner's Protective Liability Insurance: In addition to the insurance described above, the Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under the contract, an owner's protective liability insurance policy naming the Owner and Engineer as insured for property damage and bodily injury, including death, which may arise in the prosecution of the work or Contractor's operation under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Limits of liability shall be as follows: Bodily Injury $500,000 each occurrence Property Damage $500,000 each occurrence 4 INSURANCE CHECKLIST Construction Projects ("X" means the coverage is required.) Coverage„ Required X 1. Workers' Compensation & Employers' Liability disease 2. For Future Use 3. City Approved Alternative program Workers' Comp. Program X 4. General Liability X 5. General aggregate applies per project (CGL) X 6. Premises/Operations X 7. Independent Contractors X 8. Products X 9. Completed Operations X 10. Contractual Liability X 11. Personal Injury Liability X 12. XCU Coverages X 13. Automobile Liability Property Limits ffigyres Denote Minimums' Statutory limits of State of Texas $100,000 accident $100,000 $500,000 policy limit disease $150,000 medical, safety Minimum $500,000 each incident $1,000,000 occurrence Complete entry No. 26 (Items No. 3-10 & 12 require) $500,000, combined single limit for bodily injury and property damage damage each occurrence with $1,000,000 general aggregate that applies to project under contract $500,000 each offense & aggregate $500,000 Bodily Injury & X 14. Owned, Hired & Non -owned Damage each accident 15. Motor Carrier Act Endorsement 16. Professional Liability 17. Garage Liability 18. Garage keepers' Legal X 19. Owners Protective Liability $500,000 Bodily Injury & Property Damage each accident. $ BI & PD each occurrence $ - Comprehensive $ - Collision $500,000 Combined single limits X 20. City named as additional insured on other than W/C and Auto. This coverage is primary to all other coverages the City may possess. X 21. City provided with Waiver of Subrogation on Workers' Compensation or Alternative program if applicable. X 22. Ten (10) days notice of cancellation, non -renewal, material change or coverage reduction endorsement required. The words "endeavor to" and "but failure" (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. X 23. The City of Paris prefers an A.M. Best's Guide Rating of "A-", "VI" or better or Standard and Poor's Rating AA or better; authorized to do business in the State of Texas (not applicable for workers' compensation assigned through pool or alternative compensation programs). X 24. The Certificate must state bid number and bid title or project name. 25. Other Insurance Required: N/A