20 & 21- Pickleball Construction at Sports ComplexItem Nos. 20 & 21
TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
Robert Vine, Deputy City Manager
FROM: Doug Harris, Assistant City Manager
SUBJECT: Agreements with Paris Texas Pickleball and Pro Tech Track & Tennis, Inc.
for Construction of Pickleball Courts
DATE: May 13, 2024
10.1 e] "to]0111a"I
In October 2023 Paris Texas Pickleball approached City staff to inquire about the possibility of
constructing eight (8) pickleball courts at the City of Paris Sports Complex. A meeting was held
on Tuesday, October 24, 2023, to discuss this request; attending the meeting were Councilman
Gary Savage, Michael Smith, Director of Public Works, Bill Loranger, Parks Superintendent, Sue
Hays and Tommy Felty, representing Paris Texas Pickleball, and Doug Harris, Assistant City
Manager. During this meeting Sue Hays and Tommy Felty explained Paris Texas Pickleball would
cover all costs of the project if the City would set aside property in the Sports Complex for
construction of the courts, while the City will retain ownership of the property, newly constructed
facilities, and maintenance of the courts. At the November 13, 2023 City Council meeting, a
presentation was made on the proposal from Paris Texas Pickleball, with a request for Council to
provide direction to staff on moving forward with the project. The consensus of the City Council
was for staff to move forward on negotiations with Paris Texas Pickleball for construction of courts
in the Sports Complex and bring agreement(s) back to City Council for consideration. Following
direction from Council a series of coordination meetings were held between Paris Texas Pickleball
and City staff, Councilwoman Shatara Moore and Councilman Gary Savage participated in the
planning meeting held on January 12, 2024. The goals of these meetings were to determine a
suitable location for the courts at the Sports Complex, identify and select a contractor for
construction of the project, obtain project cost estimates, determine design aspects of the facility,
explain the process for drafting agreements with both the selected contractor and Paris Texas
Pickleball, and resolve any questions regarding the process for initiating the project. The
contractor who recently completed a project of converting an existing tennis court into four (4)
pickleball courts for the City in Culbertson Park was initially selected to complete the courts in the
Sports Complex, but scheduling conflicts within their business operations resulted in the need for
choosing an alternate contractor. Joe Phillips, owner of Pro Tech Track & Tennis, Inc. met with
Paris Texas Pickleball and City staff on April 11, 2024. Mr. Phillipsexplained his company is a
member of The Interlocal Purchasing System (TIPS -USA), a purchasing cooperative, and
described the professional experience his company has in the construction of pickleball courts.
Pro Tech provided a design, scope of work and cost estimate to Paris Texas Pickleball and City
staff. Following careful consideration, Pro Tech Track & Tennis, Inc. was selected as the
contractor for the project.
STATUS OF ISSUE:
The City Attorney has drafted two (2) agreements for construction of eight (8) pickleball courts,
and accessories, at the City of Paris Sports Complex. The first agreement is between Paris Texas
Pickleball and the City of Paris, outlining the obligations assigned to each and detailing their
funding of the project. The second agreement is the construction contract between Pro Tech Track
& Tennis, Inc. and the City of Paris. The construction contract identifies the scope of work for
construction of eight (8) pickleball courts, in the amount of $547,839.96. Both agreements are
attached to this memorandum.
BUDGET:
$547,839.96 for the construction of eight (8) pickleball courts, and accessories, at the City of Paris
Sports Complex. Paris Texas Pickleball will fund the project with two (2) payments to the City of
Paris, initial payment in the amount of $383,487.97, representing seventy percent (70%) of the
total construction contract, within five (5) business days of the execution of the agreement, and
final payment of $164,351.99, representing the remaining thirty percent (30%) of the total
construction contract, within five (5) business days of written notice from the City. Pro Tech Track
& Tennis, Inc. will invoice the City directly for the total construction contract, and will be paid by
funds received from Paris Texas Pickleball.
RECOMMENDATION:
1. Approve the agreement between Paris Texas Pickleball and the City of Paris for their
funding construction of eight (8) pickleball courts at the City of Paris Sports Complex, in
the amount of $547,839.96, and authorize the City Manager to execute the agreement.
2. Approve a construction contract with Pro Tech Track & Tennis, Inc., in the amount of
$547,839.96, to construct eight (8) pickleball courts at the City of Paris Sports Complex,
and authorize the City Manager to execute the contract.
AGREEMENT
Between the City of Paris, Texas and Paris Texas Pickleball.
Re: Construction of Eight Pickleball Courts and Associated Fixtures at City of
Paris Sports Complex
This Agreement is entered into by and between the City of Paris, Texas, a Texas
Home Rule Municipal Corporation ("City") and Paris Texas Pickleball, a Texas non-profit
corporation, for the construction of eight (8) pickleball courts and associated fixtures (the
"Project" or the "Improvements") at the City of Paris Sports Complex located at 2005
Collegiate Drive, Paris, Texas 75460 (the "Complex").
WHEREAS, the sport of pickleball is surging in popularity across the nation and in
Paris, Texas; and
WHEREAS, the City lacks a sufficient number of pickleball courts to satisfy
demand; and
WHEREAS, a group of pickleball enthusiasts has incorporated under the name
Paris Texas Pickleball ("PTP") as a non-profit corporation dedicated to furthering the sport
in Paris and to raising funds to construct new courts; and
WHEREAS, the City owns undeveloped property at the Complex compatible with
the construction of pickleball courts; and
WHEREAS, PTP has raised funds sufficient to cover the cost of eight (8) pickleball
courts and associated fixtures and improvements at the Complex; and
WHEREAS, the parties have identified PRO TECH TRACK & TENNIS, INC.
("Contractor') via The Interlocal Purchasing System ("TIPS"), a cooperative purchasing
system of which the City is a member, and have agreed to engage Contractor to construct
the Improvements on the land at the Complex at the total cost to PTP of $547,839.96;
WITNESSETH:
I. Effective Date
1.1 This Agreement shall take effect on May 13, 2024.
II. Recitals
2.1 The Recitals set forth above are incorporated by reference as if fully set
forth herein.
III. Definitions
3.1 The following terms shall be defined as follows:
"City" shall mean the City of Paris, Texas.
"Complex" shall the City of Paris Sports Complex located at 2005 Collegiate Drive,
Paris, Texas 75460.
"Construction Contract" shall mean a contract between City and the Contractor for
the construction of the Project.
"Contractor" shall mean PRO TECH TRACH & TENNIS, INC. of Tyler, Texas.
"Final Payment" shall mean a payment from PTP to the City in the approximate
amount of ONE HUNDRED SIXTY-FOUR THREE HUNDRED FIFTY-ONE AND 99/100
DOLLARS ($164,351.99).
"Initial Payment" shall mean a payment from PTP to the City in the amount of
THREE HUNDRED EIGHTY-THREE FOUR HUNDRED EIGHTY-SEVEN AND 97/100
DOLLARS ($383,487.97).
"Project" or "Improvements" shall mean the construction of eight (8) pickleball
courts and associated fixtures and improvements at the Complex.
"Project Account" shall mean an account created by the City within its financial
records and accounts for the sole purpose of depositing funds remitted by PTP, and from
which the City will make the required payments to the Contractor.
"PTP" shall mean Paris Texas Pickleball, a Texas non-profit corporation.
"Total Cost" shall mean the total cost of the Construction Contract in the total
amount of FIVE HUNDRED FORTY-SEVEN THOUSAND EIGHT HUNDRED THIRTY-
NINE AND 96/100 DOLLARS ($547,839.96).
IV. Term and Effective Date
4.1 The effective date of this Agreement shall be May 13, 2024.
4.2 The term of this Agreement shall be from its effective date until the date the
City accepts the Improvements and makes its last payment to Contractor.
V. Consideration
5.1 In exchange for the PTP's funding the Project in the amount of FIVE
HUNDRED FORTY-SEVEN THOUSAND EIGHT HUNDRED THIRTY-NINE AND 96/100
DOLLARS ($547,839.96), the City will undertake the following obligations:
a. Provide land at the Complex for construction of the Improvements;
b. Enter into a construction contract with Pro Tech for the construction of the
Improvements;
C. Oversee construction of the Project and waive permitting and inspection
fees;
d. Accept the Improvements subject to the passing of all required inspections
as sole property of the City; and
e. From the date of acceptance of the Improvements, assume all maintenance
obligations with respect thereto.
VI. Eyndinq Provisions
6.1 Within five (5) business days of the execution of this Agreement, PTP will
remit to City the Initial Payment in the amount of THREE HUNDRED EIGHTY-THREE
FOUR HUNDRED EIGHTY-SEVEN AND 97/100 DOLLARS ($383,487.97). The Initial
Payment represents seventy percent (70%) of the Total Cost of the Construction
Contract, which amount will become due and owing by the City to the Contractor upon
completion and inspection of the post -tension slab. The City and will deposit the Initial
Payment in the Project Account pending payment to Contractor as set forth in the
Construction Contract and in this paragraph.
6.2 Within five (5) business days written notice (which notice may be made by
email) from the City, PTP will remit the Final Payment to the City in the approximate
amount of ONE HUNDRED SIXTY-FOUR THREE HUNDRED FIFTY-ONE AND 99/100
DOLLARS ($164,351.99). The Final Payment represents the remaining thirty percent
(30%) of the Total Cost of the Construction Contract, which amount will become due and
owing by the City to the Contractor upon completion of the Improvements and the passing
of any inspections required thereon. In the unlikely event that the second and last
payment to the Contractor should be more or less than $164,351.99, the City will notify
PTP and adjust the amount of the Final Payment upwards or downwards accordingly.
The City will deposit the Final Payment in the Project Account pending payment of the
last payment to the Contractor.
6.3 The City will be the named party on the Construction Contract and will be
responsible for all aspects thereof including the forwarding payment due to Contractor
thereunder. PTP will not be a named party in the Construction Contract, but will be
responsible for the funding obligations set forth in this Section VI and for providing
guidance and technical assistance as needed during the construction of the
Improvements.
VII. Conditions
7.1 The terms and conditions of this Agreement are binding upon and
enforceable against and with respect to the successors and assigns of all parties hereto.
7.2 It is understood and agreed between the parties that PTP, in performing its
obligations hereunder, is acting independently; the City assumes no responsibility or
liability in connection therewith to third parties; and PTP agrees to indemnify and hold the
City harmless therefrom. It is further understood and agreed among the parties that the
City, in performing its obligations hereunder, is acting independently; PTP assumes no
responsibility or liability in connection therewith to third parties.
VIII. Authoritv to Contract
8.1 This Agreement was authorized by resolution of the City Council at its
regularly scheduled meeting on the 13th day of May, 2024, authorizing the City Manager
to execute the Agreement on behalf of the City.
8.2 This Agreement was entered into by PTP pursuant to the authority granted
to the authorized official whose signature appears below.
8.3 This Agreement shall constitute a valid and binding Agreement between the
City and PTP when executed in accordance herewith.
IX. Legal
9.1 Amendment. No officer, official or agent of the City has the power to amend,
modify or alter this Agreement or waive any of its conditions or to bind the City by making
any promise or representation not contained herein.
9.2 Assignability. This Agreement, except by operation of law, shall not be
assigned or transferred by Fikes without the prior written consent of City, which consent
shall be at the sole discretion of the City.
9.3 Notice. Any written notice required or permitted under the terms of this
Agreement shall be given and be deemed to have been duly served if either (1) delivered
in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the
United States mail, addressed to the designated representative of the respective parties
which are designated as follows:
PTP:
Paris Texas Pickleball
Attn:
CITY:
CITY OF PARIS, TEXAS
Attn: City Manager
P.O. Box 9037
Paris, TX 75461-9037
With a co to::
City Clerk, City of Paris, Texas (address same as above)
City Attorney, City of Paris, Texas (address same as above)
9.4 Severability. If any term or provision of this Agreement shall be declared
unconstitutional or void by any court of competent jurisdiction, the constitutionality and
validity of the remainder of said Agreement shall not be affected thereby, and to this end
the terms and provisions of this Agreement are declared to be severable.
9.5 Entire A reement and Governin Law. This Agreement sets forth the entire
understanding between the parties, and any other understandings or agreements shall
be canceled and superseded by this Agreement upon the date of execution hereof. None
of the terms of this Agreement shall be waived, discharged, altered or modified in any
respect, except by an Agreement in writing signed by both parties and specifically
referring to this Agreement. The captions in this Agreement are included for convenience
only and shall not be taken into consideration in any construction or interpretation of this
Agreement or any of its provisions. This Agreement is performable in Lamar County,
Texas, and shall be governed by, construed and enforced in accordance with the laws of
the State of Texas. The provisions of this Agreement shall apply to, bind and inure to the
benefit of the City, Fikes, and their respective successors, and permitted assigns, if any.
9.6 Venue. Venue for any actions arising under this Agreement shall lie
exclusively in the courts of Lamar County, Texas for any State Court action, and in the
U.S. District Court for the Eastern District of Texas for any federal court action.
9.7 Draftin . PTP and the City have both contributed to the drafting of this
Agreement, and no ambiguity, if any, contained in this Agreement shall be construed
against either party.
9.8 Governmental Powers. It is understood and agreed that by execution of
this Agreement, the City does not waive or surrender any of its governmental powers.
9.9 Non -Waiver. The failure of the City or PTP to insist upon the performance
of any term or provision of this Agreement or to exercise any right granted herein shall
not constitute a waiver of the City's or PTP respective right to insist upon appropriate
performance or to assert any such right on any future occasion.
9.10 Force Maieure. The City and PTP shall exercise their best efforts to meet
their respective duties and obligations as set forth in this Agreement, but shall not be held
liable for any delay or omission in performance due to force majeure or other causes
beyond their reasonable control (force majeure), including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy,
fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
9.1 No Waiver of Governmental Immunity. Nothing contained in this Agreement
shall be construed as a waiver of City's governmental immunity, or of any damage caps or
limitations imposed by law, or any other legal protections granted to City by law, except to
the extent expressly provided or necessarily implied herein.
9.12 Mandato Ownership Disclosure Provision. PTP, in compliance with the laws
of the State of Texas, will execute and file Form 1295, notice of interested parties, which can
be found on the website of the Texas Ethics Commission at
9.13 Mandato Anti -Boycott and Other Provisions. PTP acknowledges this
Agreement may be terminated and payment withheld if this certification is inaccurate.
i. Pursuant to Section 2271.002 of the Texas Government Code, PTP
certifies that either (i) it meets an exemption criterion under Section
2271.002; or (ii) it does not boycott Israel and will not boycott Israel
during the term of the Agreement. Consultant acknowledges this
Agreement may be terminated and payment withheld if this certification
is inaccurate.
ii. Pursuant to SB 13, 87th Texas Legislature, PTP certifies that either (i) it
meets an exemption criterion under SB 13, 87th Texas Legislature; or
(ii) it does not boycott energy companies, as defined in Section 1 of SB
13, 87th Texas Legislature, and will not boycott energy companies
during the term of the Agreement. PTP acknowledges this Agreement
may be terminated and payment withheld if this certification is
inaccurate.
iii. Pursuant to SB 19, 87th Texas Legislature, PTP certifies that either (i) it
meets an exemption criterion under SB 19, 87th Texas Legislature; or
(ii) it does not discriminate against a firearm entity or firearm trade
association, as defined in Section 1 of SB 19, 87th Texas Legislature,
and will not discriminate against a firearm entity or firearm trade
association during the term of the Agreement. PTP acknowledges this
Agreement may be terminated and payment withheld if this certification
is inaccurate.
iv. Pursuant to Subchapter F, Chapter 2252, Texas Government Code,
PTP certifies it is not engaged in business with Iran, Sudan, or a foreign
terrorist organization. PTP acknowledges this Agreement may be
terminated and payment withheld if this certification is inaccurate.
--Signature Page to Follow--
THE CITY OF PARIS, TEXAS
Grayson Path, City Manager
PARIS TEXAS PICKLEBALL
By:_
Title:
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 , 2024.
Notary Public Lamar County, Texas
My commission expires
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the _ day of
2024, by of PARIS TEXAS PICKLEBALL, known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged
that she executed the same on behalf of Paris Texas Pickleball.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF , 2024.
Notary Public County,
My commission expires
CONSTRUCTION CONTRACT—EIGHT (8) PICKLEBALL COURTS
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
This Construction Contract—Eight (8) Pickleball Courts (the "Contract") is made
and entered into by and between PRO TECH TRACK & TENNIS, INC., P.O. Box 8024,
Tyler, Texas 75711, a Texas corporation (hereinafter referred to as "Contractor"), and the
City of Paris, Texas, a home -rule municipal corporation (hereinafter referred to as "City")
to be effective from and after the date herein provided.
For and in consideration of the covenants and agreements contained herein, and
for the mutual benefits to be obtained hereby, the parties hereto agree as follows:
I. EFFECTIVE DATE
The effective date of this Agreement shall be May 13, 2024.
II. CONTRACT DOCUMENTS
That the contract documents which are hereby made a part of this Agreement by
actual attachment and are incorporated herein by reference hereto are as follows:
Exhibit 1 Scope of Work
Exhibit 2 Insurance Requirements
111. COMPLIANCE WITH COMPETITIVE BIDDING LAWS
The parties hereto acknowledge that the City procured this Contract via interlocal
agreement with The Interlocal Purchasing System (TIPS), thus satisfying competitive
bidding laws.
IV. THE WORK
Contractor shall provide all labor, supervision, materials, and equipment necessary
for construction of eight (8) pickleball courts at the City of Paris Sports Complex, in
accordance with the Scope of Work attached hereto as Exhibit 1, provided, however,
that in the event of a perceived conflict or ambiguity between the Contract and Exhibit 1,
the provisions of this Agreement, the Contract shall control. The value of this Contract
and the amount the City will pay to Contractor is FIVE HUNDRED FORTY-SEVEN
THOUSAND EIGHT HUNDRED AND THIRTY-NINE AND 96/100 DOLLARS
($547,839.96), which amount includes accessories specified in Exhibit 1 in the amount
of $60,548.00.
V. TERMITIME OF COMPLETION
Contractor shall commence work under this Contract within _ __ business
days following receipt of a Notice to Proceed or work order from the City. Contractor
agrees to complete all work called for under this agreement in a professional and timely
fashion and in accordance with the work orders received, and in any event, no later than
, 2024.
VI. PAYMENT
The City shall pay Contractor in current funds THREE HUNDRED EIGHTY-
THREE FOUR HUNDRED EIGHTY-SEVEN AND 97/100 DOLLARS, representing
seventy percent (70%) of the total contract price, upon completion of the post -tension
slab including any necessary inspections. Contractor shall notify the City in writing when
this occurs, and City shall make such payment within fourteen (14) days of such
notification. The City shall pay the remaining thirty percent (30%) of the Contract price, in
the amount of ONE HUNDRED SIXTY-FOUR THOUSAND THREE HUNDRED FIFTY-
ONE AND 99/100 DOLLARS upon acceptance of the work.
VII. INSURANCE AND INDEMNIFICATION
Before commencing work, the Contractor, at its own expense, procure, pay for and
maintain during the term of this Contract insurance in accordance with the requirements
set forth in Exhibit 2 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.
It is expressly provided that such insurance policy or policies shall and must be
written and issued by a reputable insurance company or companies licensed to write
insurance policies by the State of Texas. The policy or policies shall be written or
endorsed to cover the City, its elected officials, officers and employees as additional
insured. Contractor or its insurance carrier or carriers shall deliver a copy of any such
policies to the City Clerk of the City of Paris, 150 1 st Street S.E., Paris, Texas 75460, or
furnish to said City Clerk a current letter or certificate from such company or companies,
evidencing the fact that such insurance is in full force and effect at all times during this
Agreement, and any extensions hereof, and specifically noting thereon that the City, its
elected officials, officers and employees are covered as an additional insured. All such
policies shall be written so that the City will be notified of cancellation or of any restrictive
amendment of the policies at least thirty (30) days prior to the effective date of such
cancellation or amendment. Notice shall be by certified mail, return receipt requested,
addressed to the City at the following address: City Clerk, City of Paris, P. O. Box 9037,
Paris, Texas 75461-9037.
The Contractor and its sureties shall defend, indemnify, and hold the City,
its elected officials, officers and employees harmless from all suits, actions or
claims of any character, name and description brought for or on account of any
injuries or damages received or sustained by any person, persons or property on
account of the operations of the Contractor, his agents, employees or
subcontractors; or on account of any negligent act or intentional wrongful act or
omission of the Contractor, his agents, employees or subcontractors in the
performance of said contract; or on account of the failure of the Contractor to
provide the necessary barricades, warning lights or signs; and Contractor and its
sureties shall be required to pay any judgment, with cost including attorneys' fees,
which may be obtained against the City growing out of such injury or damage. The
Contractor likewise covenants and agrees to, and does hereby, indemnify and hold
harmless the City from and against any and all injuries, loss or damages to property
of the City during the performance of any of the terms and conditions of this
Contract, whether arising out of or in connection with or resulting from, in whole
or in part, any and all alleged acts or omissions of officers, agents, servants,
employees, contractors, subcontractors, licenses or invitees of the City.
VIII. INDEPENDENT CONTRACTOR
Contractor covenants and agrees that Contractor is an independent contractor and
not an officer, agent, servant or employee of City; that Contractor shall have exclusive
control of and exclusive right to control the details of the work performed hereunder and
all persons performing same, and shall be responsible for the acts and omissions of its
officers, agents, employees, contractors, subcontractors and consultants; that the
doctrine of respondeat superior shall not apply as between City and Contractor, its
officers, agents, employees, contractors, subcontractors and consultants, and nothing
herein shall be construed as creating a partnership or joint enterprise between City and
Contractor.
IX. TERMINATION
City shall have the right to unilaterally terminate this agreement should Contractor
abandon or fail to supplies sufficient materials, workers, and/or proper equipment as
agreed and specified. Such termination shall be for cause, and upon such termination for
cause, City will owe no further amounts under this Contract. Should Owner terminate this
agreement without proper cause, Contractor will receive full value of the expenses and
costs of work performed up to the date of termination.
X. CHOICE OF LAW VENUE; CONTRACT INTERPRETATION
The parties agree that the laws of the State of Texas shall apply to this Agreement,
and that it is performable in Lamar County, Texas. The parties further agree that exclusive
venue shall lie in Lamar County Texas.
3
XI. ENTIRE AGREEMENT; AMENDMENTS;
SUCCESSORS AND ASSIGNS
This Construction Agreement, including the contract documents listed in Article II
herein, represent the entire and integrated agreement between City and Contractor, and
supersedes all prior negotiations, representations, or agreements, either written or oral.
This Construction Agreement may be amended only by written instrument signed by both
City and Contractor. This Construction Agreement is binding upon and shall inure to the
benefit of the parties hereto and their respective successors.
XII. FORM 1295
Contractor, in compliance with the laws of the State of Texas, will execute and file
Form 1295, notice of interested parties, which can be found on the website of the Texas
Ethics Commission at i m f .,,. .���Il[im tate.t .its/filuITgr�
XIII. MANDATORY ANTI -BOYCOTT AND OTHER PROVISIONS
Contractor acknowledges this Agreement may be terminated and payment
withheld if this certification is inaccurate. Pursuant to Section 2271.002 of the Texas
Government Code, Contractor certifies that either (i) it meets an exemption criterion under
Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the
term of the Agreement. Contractor acknowledges this Agreement may be terminated and
payment withheld if this certification is inaccurate. Pursuant to SB 13, 87th Texas
Legislature, Contractor certifies that either (i) it meets an exemption criterion under SB
13, 87th Texas Legislature; or (ii) it does not boycott energy companies, as defined in
Section 1 of SB 13, 87th Texas Legislature, and will not boycott energy companies during
the term of the Agreement. Contractor acknowledges this Agreement may be terminated
and payment withheld if this certification is inaccurate. Pursuant to SB 19, 87th Texas
Legislature, Contractor certifies that either (i) it meets an exemption criterion under SB
19, 87th Texas Legislature, or (ii) it does not discriminate against a firearm entity or firearm
trade association, as defined in Section 1 of SB 19, 87th Texas Legislature, and will not
discriminate against a firearm entity or firearm trade association during the term of this
Agreement. Contractor acknowledges this Agreement may be terminated and payment
withheld if this certification is inaccurate. Pursuant to Subchapter F, Chapter 2252, Texas
Government Code, Contractor certifies that Contractor is not engaged in business with
Iran, Sudan, or a foreign terrorist organization. Contractor acknowledges this Agreement
may be terminated and payment withheld if this certification is inaccurate.
4
IN WITNESS WHEREOF, the parties hereto have set their hands by their
representatives duly authorized on the day and year first written above.
CITY OF PARIS, TEXAS
LIM
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Grayson Path, City Manager
PRO TECH TRACK & TENNIS, INC.,
Contractor
By:
Joe William Phillips
Owner/President
ACKNOWLEDGMENTS
BEFORE ME, the undersigned authority, on this day personally appeared Grayson
Path, City Manager of the City of Paris, Texas, known to me to be the person whose same
is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of May, 2024.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Joe
William Phillips, Owner/President of PRO TECH TRACK & TENNIS, INC., known to me
to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of May, 2024.
Notary Public, State of Texas
EXHIBIT 1
rmeq
l °J"011111ii
T`E C h-ICONSTRUCTION CONTRACT
APRIL 22, 2024
CITY OF PARIS
2005 S. COLLEGIATE STREET
PARIS, TEXAS, 75460
RE: PICKLEBALL COURTS CONSTRUCTION (8) COURTS
P R O T E C H T R A C K& T E N N I S, I N C. hereby agrees provide all labor, equipment, and materials to perform the
following scope of work:
SCOPE OF WORK
- Provide all necessary dirt -work and needed soils to prepare site for post -tension slab placement.
✓ Pad to be prepared for the following placement:
✓ (2)136' x 64' post -tension slabs
✓ Remove 3-4 inches of grass and vegetation and stockpile at city of Paris site as specified by Bill Loranger
✓ Build pad as specified and drain to the Northwest corner, to release water by maintenance shed. Approximately
260 yards. Fill material topped with sand.
✓ Fine grade pad to slope +/-1%
- Provide and install trench drain along the North side of courtfor proper drainage.
- All necessaryflatwork as specified.
✓ 20'x 136' center walkway/seating area
✓ ADA ramp approximately 20'x 6'
- Form, place, and finish (2)136' x 64'5 -inch -thick post -tension slabs.
✓ Provide and install vapor barrier before concrete installation.
✓ Provide post -tension inspection of cables and keyways prior to concrete pour.
✓ Provide post -tension stress following concrete pour.
✓ There will be a 30 day cure time once concrete pours are completed before coatings can be installed
- Provide stamped engineered drawings.
- Provide and install 568 LF 8ft Black vinyl fencing.
✓ 4 -inch corner and gate posts 10ft centers
✓ 3 -inch line posts
✓ Top and middle rail with bottom wire
✓ Install 4ft gates as specified.
- Provide and install 656 LF Oft Black vinyl fencing.
✓ Top rail with bottom wire
✓ Install Oft gates as specified.
- Provide and install Black 8ft fence slats in lieu of Windscreens
- Provide and install Complete LS1 Courtsider Lighting System as specified.
✓ (12) light poles with (16) fixtures 5000K color temperature 448 Watts 60,000 Lumens
✓ Concrete footings and anchor bolts to be installed to specification of the engineered drawings.
✓ Electrical to be stubbed at a neutral location 5ft outside of slab.
✓ See attached lighting layout and specification.
- Provide and (4) electrical outlets on (4) of the light poles as specified by OWNER
- Provide and install Complete Acrytec Coloring System (OWNER to choose colors)
✓ Acid etch new concrete
✓ Prime concrete
✓ Level any areas which may hold water if needed
PAGE 1 1
PO BOX 8024 TYLER, TEXAS 75711
903-570-7343 903-894-6461
'TACH
✓ Install Acrylic Resurfacer
✓ Install Color Coating System
✓ Stripe lines for Pickleball Acrytec Textured Line Paint
Provide and install sleeved Pickleball nets and posts (8) sets
✓ Black internal wind
SCOPE TOTAL : $476,550.00
COURT ACCESSORIES
- Provide and install (4) 8ft surface mount Cabana Benches with Canopy
✓ 8ft in length 6ft in width
✓ Black powder coated heavy gauge steel posts 3'x 3'
✓ Pacific Blue canopy cover
- Provide and install (4) sets 3 row bleachers H-4406
✓
15'x 5' x 2' with 30 person seating capacity each
✓ Placed in place on viewing/walkway
- Provide and install (2) 20'x 14' shade canopies TC201411N
✓ T cantilever bleacher shade structure
✓ 11ft tall
✓ In ground embedded mount
✓ Glide elbow model
✓ Aquatic Blue color shade, Black Frame
ACCESSORIES TOTAL: $60,548.00
COOPERATIVE FEES
- TIPS USA requires a 2% fee of the project total
TOTAL: $ 10,741.96
COSTS SUMMARY
SCOPE OF WORK $476,550.00
COURT ACCESSORIES $60,548.00
TIPS USA FEES $10,741.96
BASE PROJECT GRAND TOTAL: $ 547,839.96
EXCLUSIONS
- No Permits
- No Testing
- No Utilities
- No Costs/Contingencies for underground utilities that have not been identified by OWNER.
- No Allowances/Contingencies other than specified above.
- No Temporaryfencing
- No bonding
- No additional electrical other than what is specified in the "Scope of Work"
PAGE 12
PO BOX 8024 TYLER, TEXAS 75711
903-570-7343 903-894-6461
TECH
CONDITIONS
- PRO TECH TRACK & TENNIS, INC to provide general liability, automotive and workman's compensation insurance
coverage as required.
- PRO TECH TRACK & TENNIS, INC will provide project final clean-up of work area relating to scope of work.
- OWNER will be responsible for providing the necessary water to complete the entire scope of work.
- If color or design selection or accessory choices change after approved selection, additional costs will be incurred and the
Owner shall grant PRO TECH TRACK & TENNIS, INC. extension of time for the delay.
- Owner will be responsible for costs of any/all vandalism that could occur over the duration on the project directly related to
the scope of work.
WARRANTY
PRO TECH TRACK & TENNIS, INC. warrants and guarantees that it shall perform all work in a good and workmanlike manner,
in conformity with design and industry standards. Neglect of product and/or vandalism is not under warranty. An act of
God is not covered under warranty. PRO TECH TRACK & TENNIS, INC. provides a TWO -year warranty on construction and
surfacing. The warranty is from the date of substantial completion.
DISCLAIMER
New surface will not resist the effects of strong detergents, cleaners, oil, or any other types of solvents besides water. New
surface will not resist cleats or other sharp objects that may scratch the surface. Use of bikes, skates and other recreation
scooters or vehicles will not be allowed on the new surface. New surface warranty does not cover cracks; cracks are pre-
existing problems that may reappear because of weather or an act of God.
Even when color coatings are applied with care by a skilled operator, some squeegee marks and other slight variations in
color and texture are inevitable. This is because of the formulation of acrylic causes components to migrate to the edge of
the material as it is being applied. As a result, on observer will be able to spot where the material was poured on the
surface, where the squeegee operator turned to make a pass in the opposite direction or where one pass overlapped
another. Squeegee marks will be more visible on lighter colors and more common when coatings are applied in hot weather
or when they include coarser sand. Humidity, angle of the sun when the acrylic is applied and other factors all may affect
the frequency and visibility of these marks.
Due to the nature of the material and the human element in court construction, squeegee marks are likely to occur, like
marks in newly vacuumed plush carpet or newly mowed grass. They will not affect play and will become less visible as the
court wears and ages.
PLEASE INTIAL HERE
SCHEDULING
All project activity shall be scheduled and coordinated with PRO TECH TRACK & TENNIS, INC. No work will take place during
days when inclement weather is apparent. Necessary extensions in time may be required due to complications resulting
from weather and / or conditions out of control of PRO TECH TRACK & TENNIS, INC.
OWNER will need to ensure all other trades will not interfere with court construction. OWNER will be responsible for
vandalism during the construction process.
SCHEDULE OF VALUES
70% UPON COMPLETION OF POST -TENSION SLAB $ 3 8 3,4 8 7.9 7
30% UPON SUBSTANTIAL COMPLETION OF SCOPE x16 4J 3 51.9 9
TOTAL $ 547,839.96
NOTE
Due to the payment terms listed above PRO TECH TRACK & TENNIS, INC. requires a 10 business day turn around once
completed scope is invoiced.
PAGE 13
PO BOX 8024 TYLER, TEXAS 75711
903-570-7343 903-894-6461
By accepting this contract bid, the OWNER is agreeable to all the terms and conditions herein. The bid along with the Scope
of Work, Exclusions, Conditions, and Schedule of Values are listed.
This contract price includes pricing for all plans and specifications, to the scope of work provided by the OWNER prior to the
bid. Any changes to the plans and/or specifications, to the scope of work provided by the OWNER may result in a change
order.
CONTACTS
J O E P H I L L I P S Point of contact Project Manager, Owner/President PRO TECH TRACK & TENNIS, INC.
903-570-7343 cell
903-894-6461 office
J O D Y PHILLIPS Office Manager, Accounts
prtchtracktennis@aol.com
OFFERED BY PRO TECH TRACK & TENNIS, INC.
BY:_ *OILLI4AMPHILLIPS,
DATE:
OWNER/PRESIDENT
ACCEPTED BY (OWNER)
BY
PRINTED NAME AND TITLE
DATE:
The above prices, specifications and conditions are satisfactory and are hereby accepted. Payment will be made as outlined above.
Receipt of the signed contract will assure immediate placement on our schedule.
WE APPRECIATE YOUR BUSINESS!
PRO TECH TRACK & TENNIS, INC.
PO BOX 8024
TYLER, TEXAS 75711
903-570-7343
PAGE 14
PO BOX 8024 TYLER, TEXAS 75711
903-570-7343 903-894-6461
ACCESSORY PICTURES
3 Row Bleacher
Seating Capacity 30
15'x5'x2'
Cabana Bench
8' long
6' wide
Pacific Blue
T Cantilever Shade
20'x14'
11'tall
Embedded install
Glide Elbow Model
Pacific Blue Shade
TC2104111
PAGE 15
PO BOX 8024 TYLER, TEXAS 75711
903-570-7343 903-894-6461
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EXHIBIT 2
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".
1.4 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
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.
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 Injury 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.
2.1.2 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 Rei uired
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 (Figures 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 $500,000 Bodily Injury &
Property Damage each accident.
17. Garage Liability $ BI & PD each occurrence
18. Garage keepers' Legal $ - Comprehensive
$ - Collision
X 19. Owners Protective $500,000 Combined single limits
Liability
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