11 - Agreement with Richard Drake Construction for concrete demolition & construction servicesItem No. 11
TO: Mayor & City Council
FROM: Grayson Path, City Manager
Michael Smith, Public Works Director
SUBJECT: CONCRETE DEMOLITION AND CONSTRUCTION
ANNUAL PROCUREMENT OF AS -NEEDED SERVICES
DATE: May 10, 2021
BACKGROUND:
For a number of years, the City of Paris has contracted out to third party contractors the
performance of concrete demolition and construction on an as -needed basis, which includes
services such as sidewalks, curb/gutter, minimal road repairs, etc. This is not full street capital
projects, but repairs, maintenance, and occasional smaller improvement jobs if applicable.
In 2020, the City Council passed Resolution 2020-052 that takes in to account selection criteria
allowed under State Law for the identification and selection of third party contractors, specifically
Safety Records. This specific Resolution is for contracting out construction projects. The City's
Concrete Demolition and Construction service is the first procurement sought since the passage of
this policy that relates.
The City normally procures this service from May — April each year.
STATUS OF ISSUE:
The City advertised a Request for Bids which were due April 21, 2021. The City received one bid
from Richard Drake Construction Company (RDC). RDC's bid is complete, including all
requested items from Resolution 2020-052 (see attached). City Staff have followed up with the
references listed as well as Safety Record information provided per our RFB request — everything
appears to be accurate and in order. From our analysis, the RDC is in full compliance with our bid
document and Resolution 2020-052 and is therefore a qualified and responsible bidder for this
service. RDC has agreed to our drafted agreement and City Staff are recommending approval.
BUDGET:
Pricing has gone up from our last contractor service, but that is to be expected over time. The
following is a comparison of the Previous Total Cost, New Total Cost, and Difference.
Item
Total Previous
Total New
Difference
1. Curb and Gutter Installation
$25.50/LF
$29.40/LF
$3.90/LF
2. WPA Style Curb and Gutter
$38.00/LF
$49.00/LF
$11.00/LF
3. Driveway Approach
$8.75/LF
$10.25/LF
$1.50/LF
4. Sidewalk
$7.50/LF
$8.25/LF
$0.75/LF
5. Valley Gutters
$9.85/LF
$12.50/LF
$2.65/LF
For a full breakdown of RDC contracted expenses, please see Attachment B of the Professional
Services Agreement. The City budgets approximately $100,000.00 each year for misc. concrete
work throughout the year. If we reach the point of hitting budget due to increased price, we will
simply have to wait until the next budget year to continue.
OPTIONS:
1. Approve the Professional Services Agreement with Richard Drake Construction Company
for Concrete Demolition and Construction Services and authorize the City Manager to sign.
2. Request edits and/or reject the Agreement.
RECOMMENDATION:
1. Approve the Professional Services Agreement with Richard Drake Construction Company
for Concrete Demolition and Construction Services and authorize the City Manager to sign.
THE STATE OF TEXAS §
§ Construction Services Contract --Concrete
COUNTY OF LAMAR
THIS CONTRACT is entered into on this 10' day of May, 2021, 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 Richard Drake Construction
Company, L.P. ("hereinafter referred to as "CONTRACTOR") whose address is 6290 Highway 271 N.,
Powderly, TX 75473.
WITNESSETH:
WHEREAS, CITY desires to obtain concrete demolition and construction services from
CONTRACTOR for Public Works projects as needed; and
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.
Em lo�rment 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.
Sco a of Services
CONTRACTOR shall perform such services related to concrete demolition and construction
specifically including, but not necessarily limited to, the tasks enumerated more fully in Attachment "A"
hereto entitled "Scope of Work". 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 ment for Services
Total payment for services described herein shall be in accordance with Attachment "B". 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 bi-weekly. 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.
IV.
Revisions of the Sco )e of Services
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.
V.
Term and Time of Performance
This Contract shall begin on the date first written above, and shall terminate April 30, 2022 or if
the PARTIES otherwise terminate this Contract as provided herein.
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
II by April 30, 2022.
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.
VI.
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 ReRuirements
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 "C" 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/contract number 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
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.
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 In dem,ni,fication, and XVII entitled Confidential Informati,o,n
shall survive termination of this Contract.
XV.
Chan
es
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.
Mailip 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:
Tex Horton
Vice President
Richard Drake Construction Company L.P.
6290 Hwy 271 North
Powderly, TX 75473
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.
A Micable 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 Agreement
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.
XXI V.
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.
XXV1.
No Third Part , Benefielar
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 wired by 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
Equal Employment Opportunity
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.
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
By:
GRAYSON PATH
City Manager
Date Signed:
Richard Drake Construction Company L.P.
By: Tex Horton
Title: Vice President
Date Signed:
[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 .20
Notary Public Lamar County, Texas
My commission expires
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of _ _, 20 , by
in his capacity as of .m.._..._ ......__. _.._ ._.._ ) a
_ 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 „ 20
Notary Public County, Texas
My commission expires ,
Attachment "A"
SCOPE OF SERVICES
Demolition and construction of Curb and Gutter, Standard Driveway Approaches and Concrete Sidewalk
must conform to the following guidelines and attached drawings.
1. Concrete Curb and Gutter: All concrete used for curb and gutter in the City of Paris will have a cement
content of not less than 5 sacks of cement per cubic yard of concrete and a minimum compressive strength
at 28 days of 3,000 pounds per square inch. The unit price bid for curb and gutter shall include 3 #3 bars of
reinforcing steel. All loose material between the form will be removed and the grade wetted prior to the
placing of the concrete. An approved curing compound shall be applied to the surface in accordance with
Item #6 — "Curing".
2. Concrete Valley Gutters: All concrete valley gutters shall have a thickness of six (6") inches. Concrete valley
gutters shall be reinforced with #4 bars on eighteen (18") inch spacing on both directions. All concrete shall
have a minimum cement content of 5 sacks per cubic yard and a minimum compressive strength at 28 days
of 3,000 pounds per square inch. An approved curing compound shall be applied to the surface in accordance
with Item #6 — "Curing".
3. Re
inforcine Steel,: All reinforcing steel used on this project shall comply in all respects to Item 440,.
"Reinforcing Steel" of the Standard Specifications for Construction of Highways, Streets, and Bridges as
adopted by the State Department of Texas on June 1, 2004. Payment for reinforcing steel shall be considered
subsidiary to the various bid items.
4, ConcretemDriveways: Driveways shall be composed of concrete having a minimum cement content of 5 sacks
per cubic yard and a minimum compressive strength at 28 days of 3,000 pounds per square inch. The unit
bid price shall also include #3 bars of 12 inch, or #4 bars on 18 inch centers both ways. An approved curing
compound shall be applied to the surface in accordance with Item #6 — "Curing".
5. Concrete Sidewalks:
a. Materials: Sidewalks shall be constructed of concrete with a minimum cement contents of 5 sacks
of cement per cubic yard of concrete, 3% entrained air, and a compressive strength of not less than
3,000 pounds per square inch at 28 days. Reinforcing steel shall be #3 bars on 18" centers both
ways located two inches (2") below the top surface of the sidewalk. As soon as the concrete has
obtained its initial set, a white pigmented approved curing compound shall be applied.
b. Construction Procedure: In general, the grade of the sidewalks shall be established with respect to
the curb. Forms shall be set for all sidewalk and shall be true to line and grade. Forms shall be set
to provide a minimum cross slope of 1/4 inch per foot across the sidewalk toward the street. All
forms shall remain in place at least twenty-four (24) hours.
The plane of all joints shall make a right angle with the surface of the pavement. No joints shall
have an error in alignment of more than one-half (1/2") inch at any point. The edges of the slab at
all joints, except where joints are sawed, shall be rounded with an edger having a radius of one-
quarter (1/4") inch, except as otherwise shown on the plans. The edging shall also be done
symmetrically on each section with plane of the joint.
Longitudinal expansion joints, joints used to separate new from old concrete, and joints around all
fire hydrants shall be made of conventional one-half (1/2") inch asphalt expansion joint material
extending completely through the concrete unless otherwise specified on the plans.
Contraction joints shall be made in the sidewalk at regular intervals, such intervals generally being
equal to the width of the sidewalk.
The contractor shall grade or fill, as necessary, along the sidewalk to match the existing ground.
Care will be used to insure that adjacent property outside the right-of-way line is protected.
6. Demolition: Contractor is responsible for the demolition, disposal and cleanup of existing curb/gutter,
driveway approaches, sidewalk, etc.
7. Construction: Contractor is responsible for the construction of new curb/gutter, driveway approaches,
sidewalk, etc.
8. ADA: All construction must comply with American Disabilities Act (ADA) and standard TXDOT
specifications, except as amended by the project specifications or drawings to be provided by the City.
9. Site: Contractor is responsible for keeping the project area clean during construction and is responsible for
final cleanup of project site.
10. Locations: The City of Paris Public Works Department will assign project areas as needed in various
locations.
11. Down Time: The City of Paris will direct the work in coordination with the contractor to expedite completion
of work and to minimize any down time and moving time.
12. Inspection: ction: The City of Paris Public Works Department will inspect the project site on a daily basis.
13. Point of Contact: The contractor selected for this assignment will work closely with City staff. The Street
Superintendent, or his designee, will serve as the primary point of contact and will be responsible for
coordinating and implementing the subsequent work. Other officials who will be involved in this project
include, but are not limited to, the Public Works Director and the City Engineer.
Attachment "B"
CONCRETE DEMOLITION AND CONSTRUCTION
MAY 1, 2021 — APRIL 30, 2022
A. Curb and Gutter Installation — City Standard, 6"
$
23.90
per L.F
$
5.50
per L.F. Removal and Disposal
$
29.40
Total price
B. WPA Style Curb And Gutter To Match Existing Installation
$
41.00
per L.F.
8.00
per L.F. Removal and Disposal
$ ..............—IT
49 :00 ............_..
Total price
C. Driveway Approach Installation
— City Residential Standard
$ .........................-7.75
per S.F.
$_
2.50
per S.F. Removal and Disposal
$
10.25
Total price
D. Sidewalk — City Standard
$
6.25
per S.F.
$
2.00
per S.F. Removal and Disposal
$
8.25
Total price
E. Valley Gutters
$ 9.50 per S.F.
$_ 3.00 per S.F. Removal and Disposal
$ 12.50 Total price
Attachment "C"
INSURANCE REQUIREMENTS
1. General Insurance Rei: 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 t
Contract Term. Should the Contractor fail to provide acceptable evidence of curre
e
insurance within seven (7) days of written notice at any time during the Contract Ter
the City shalt have the absolute right to terminate the Contract without any farth
obligation to the Contractor, and the Contractor shall be liable to the City for the enti
I
additional cost of procuring performance and the cost of performing the incomplel
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 the 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:
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.
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
INSURANCE CHECKLIST
Construction Projects
("X" means the coverage is required.)
Coye,rage &gg,u,i,red
X 1. Workers' Compensation &
Employers' Liability
® 2. For Future Use
_ 3. City Approved Alternative
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
X 14. Owned, Hired & Non -owned
15. Motor Carrier Act Endorsement
16. Professional Liability
17. Garage Liability
18. Garage keepers' Legal
X 19. Owners Protective
Liability
Limits jF kuru res
Statutory limits of State of Texas
$100,000 accident $100,000 disease
$500,000 policy limit disease
$150,000 medical, safety program
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 & Property
Damage each accident
$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
RICHARD DRAKE
CONSTRUCTION 6"" '1- VEQ
RICHARD DRAKE CONSTRUCTION COMPANY, L.P.
COMPANY PROFILE
COMPANY NAME: Richard Drake Construction Company L.P.
MAILING ADDRESS: 6290 Hwy. 271 N. Powderly, Texas 75473
E-MAIL ADDRESS:i��„a��a
PHONE: (903) 732-4781
FAX: (903) 732-4340
TYPES OF WORK PERFORMED: Asphalt and Concrete Paving and demo, Concrete Slabs,
Site Work, Pipe Work, Trucking, Aggregates, and Hot -Asphaltic Material
YEAR STARTED IN BUSINESS: 1981
NUMBER OF EMPLOYEES - 90
SUPERVISOR THAT WILL BE ASSIGNED TO THIS PROJECT: Florentino Salazar
LOCATION OF OFFICES: 6290 Hwy. 271 North, Powderly, TX 75473
4735 Lamar Avenue, Paris Texas 75462
221 CR 12530, Paris Texas 75462
Our company has 40 years' experience and had established relationship with various Material
Vendors and Financial Institutes in this area and has the financial ability to complete this project.
Richard Drake Construction has the bonding capacity more than $50 million with $100 million
in aggregate backlogs.
Richard Drake Construction has a history of completing projects on time or ahead of schedule if
the weather or changes within the scope of work remain the same as the project was bid. All of
our projects with deadlines are Asphalt Projects with TxDOT and 1 with the City of Savoy.
6290 Hwy 271 N POWDERLY, TEXAS 41 75473 ° 903.732.4781 ” FAX•903.732.4340
www.richarddrakeconstwtion.com
REQUEST FOR SIDS
CITY OF PARIS, TEXAS
CONCRETE DEMOLITION AND CONSTRUCTION
May 1, 2021— April 30, 2022
Introduction
The City of Paris is requesting bids from responsible and qualified contractors to provide concrete demolition and
construction services for the City of Paris to include, but not limited to, curb and gutter, driveway approaches, valley
gutters, and sidewalks. More information is provided later in this document. Pursuant to Texas Local Government
Code Section 252.021, this Request for Bids is being advertised because the total expense for this project is expected
to exceed $50,000.00.
The enclosed REQUEST FOR BIDS (RFB) and accompanying specifications are for your convenience. Respondents
are cautioned that the Paris Public Works Director is the sole point of contact for the City of Paris (the City) during
this bidding process. Any oral statement by any representative of the City, modifying or changing any conditions of
this RFD, is an expression of opinion only and confers no right upon the respondent. If additional information is
needed to interpret the specifications, written questions will be accepted by:
Michael Smith
Public Works Director
50 W. Hickory Street
Paris, TX 75460
(903) 784-9289
msmith@paristexas.gov
Submittal Instructions
1. Method of Submittal: Sealed Hardcopy in Envelope
No electronic and/or facsimile copies will be accepted
2. RFB Deadline: No later than 3:00pm, April 21, 2021
3. If Hand Delivery:
Destination: 135 SE 1" Street
Paris, TX 75460
Mark Envelope: RFB: Concrete Demolition and Construction
City of Paris Public Works Director's Office
4. If Mailing: City of Paris
PO Box 9037
Paris, TX 75461
ATTENTION: City Manager and Public Works Director
RFB: Concrete Demolition and Construction
5. Number of Copies: One (1) Original
General Information
1, The City of Paris appreciates your time and effort in preparing a submittal.
2. Entities interested in this project are advised to carefully review the information outlined in this RFB and
respond accordingly and succinctly, attaching only relevant information.
3. All submissions must be received in accordance with the Submittal Instructions listed above. Any submittal
Page 1 of 25
received after this deadline will be rejected. The City of Paris is not responsible for lateness or non-delivery
of mail, carrier, etc., and the date/time stamp in the City Manager's Office will be the official time of receipt.
4. Opening is scheduled in the City Hall City Council Chamber at 3:00 pm, April 21, 2021. All are invited to
attend.
5. Submittals are to be signed by an official authorized to bind the firm in a contract.
6. The City of Paris reserves the right to reject any and all submittals or waive any irregularities or technicalities
in the submittals which at the City's discretion are determined to be in the best interests of the City. The City
further reserves the right to make awards to the responsible entity whose submittal is determined to be the
most advantageous to the City of Paris. The City further reserves the right to reject any and all submittals
responding to this invitation without indicating any reasons for such rejection(s). The City further reserves
the right to postpone due dates for its own convenience and to withdraw this solicitation at any time without
prior notice. This invitation does not commit the City to pay any costs incurred in preparation of this
submittal, or to procure or contract for any services.
Careful consideration should be given before confidential information is submitted to the City of Paris as part
of your submittal. Review should include whether it is critical for evaluating your submittal, and whether
general, non -confidential information may be adequate for review purposes. Information submitted to the
City of Paris that the respondent wishes to have treated as proprietary and confidential trade secret
information should be identified and labeled "Confidential" or "Proprietary" on each page at the time of
disclosure. This information should include a written request to except it from disclosure, including a written
statement of the reasons why the information should be excluded from record requests. However, the City
of Paris is bound to open records laws and therefore cannot guarantee the confidentiality of any information
submitted.
8. A response may not be withdrawn or canceled by the respondent without the permission of the city for a
period of ninety (90) days following the date designated for the receipt of responses.
9. Any interpretations, corrections or changes to this specification will be made by addenda. Sole issuing
authority of addenda shall be vested in City of Paris Public Works Director. Addenda can be found on the
City of Paris website https://www.paristexas.gov/1I1/Public-Works-Recreation. Addenda can also be
obtained by calling City of Paris Public Works Director's office at 903-784-9289. It is the responsibility of
the respondent to obtain a copy of all addenda pertaining to this RFB.
10. Minimum Standards for Responsible Entity: A prospective respondent must, if requested, affirmatively
demonstrate responsibility and ability to meet the following requirements:
a. Be licensed in the State of Texas;
b. Have adequate financial resources, or the ability to obtain resources required;
c. Be able to comply with the required or proposed delivery schedule;
d. Have a satisfactory record of performance;
e. Have a satisfactory record of integrity and ethics;
f. Be otherwise qualified and eligible to receive an award.
City of Paris may request clarification or other information sufficient to determine entity's ability to meet
these minimum standards listed above. Failure to respond to such requests shall be cause for removal from
consideration.
11. Certificate of Interested Parties (Form 1295): In 2015, the Texas Legislature adopted House Bill 1295, which
added Section 2252.908 of the Government Code. The law states that a governmental entity may not enter
into certain contracts with a business entity unless the business entity submits a disclosure of interested parties
to the governmental entity. The disclosure of interested parties will be submitted online via Form 1295 and
must be submitted to the governmental entity prior to any signed contract and/or vote by the governing
authority.
a. The Filing Process:
Page 2 of 25
i. Prior to award by City Council, your firm will be required to log in to the Texas Ethics
Commission,' i,V[,I andfillout
the Electronic Filing Application.
ii. Once submitted, the system will generate an electronic Form 1295 displaying a "Certificate
Number." Your firm must print, sign and notarize Form 1295.
iii. Within seven (7) business days from notification of pending award by the City of Paris
Purchasing Department, the completed Form 1295 must be submitted to City of Paris.
iv. Your firm will need to repeat this process and obtain a separate Form 1295 each time you
enter into a new contract, renew a contract or make modification and/or amendments to a
City of Paris contract.
b. Instructions and information are available at https://www/ethics.state.tx.us/tec,/1295-Info.htm or
you may call the Texas Ethics Commission at (512) 463-5800.
BY SUBMITTING A RESPONSE YOUR FIRM AGREES TO ADHERE TO HB 1295 REFERENCED
ABOVE.
Please Note: No action required until notification of potential award by the City of Paris.
12. Price is to be exclusive of any applicable taxes. The bidder is hereby notified that the City of Paris is exempt
from state and local sales taxes. The City of Paris tax exemption number is 1-756000635. A tax exempt
certificate will be finmished upon request.
Project Scoe Overview
It is estimated that 4,500 linear feet of Curb and Gutter, 50 linear feet of WPA Curb and Gutter, 4,000 square feet of
Driveway Approaches, 2,500 square feet of Reinforced Concrete Sidewalk and 200 square feet of Valley Gutters will
be repaired and/or installed during the period of May 1, 2021 through April 30, 2022. Exact quantities cannot be
guaranteed or determined, but best estimates are as indicated above. Quantities may be increased or decreased to meet
the requirements of the Public Works Department during the period shown above. Minimum quantities are not
guaranteed.
Secifications and Require
Demolition and construction of Curb and Gutter, Standard Driveway Approaches and Concrete Sidewalk must
conform to the following guidelines and attached drawings.
1. Concrete Curb and Gutter: All concrete used for curb and gutter in the City of Paris will have a cement
content of not less than 5 sacks of cement per cubic yard of concrete and a minimum compressive strength
at 28 days of 3,000 pounds per square inch. The unit price bid for curb and gutter shall include 3 #3 bars of
reinforcing steel. All loose material between the form will be removed and the grade wetted prior to the
placing of the concrete. An approved curing compound shall be applied to the surface in accordance with
Item #6 — "Curing".
2. Concrete ,Valle
y Gutters: All concrete valley gutters shall have a thickness of six (6") inches. Concrete valley
,
gutters shall be reinforced with #4 bars on eighteen (18") inch spacing on both directions. All concrete shall
have a minimum cement content of 5 sacks per cubic yard and a minimum compressive strength at 28 days
of 3,000 pounds per square inch. An approved curing compound shall be applied to the surface in accordance
with Item #6 — "Curing„
3. Reinforcin ,_-Steel: All reinforcing steel used on this project shall comply in all respects to Item 440,
"Reinforcing Steel" of the Standard Specifications for Construction of Highways, Streets, and Bridges as
adopted by the State Department of Texas on June 1, 2004. Payment for reinforcing steel shall be considered
subsidiary to the various bid items.
4. Concrete„Drivewa s: Driveways shall be composed of concrete having a minimum cement content of 5 sacks
per cubic yard and a minimum compressive strength at 28 days of 3,000 pounds per square inch. The unit
bid price shall also include #3 bars of 12 inch, or #4 bars on 18 inch centers both ways. An approved curing
compound shall be applied to the surface in accordance with Item #6 — "Curing”
Page 3 of 25
5. Concrete Sidewalks:
a. Materials: Sidewalks shall be constructed of concrete with a minimum cement contents of 5 sacks
of cement per cubic yard of concrete, 3 % entrained air, and a compressive strength of not less than
3,000 pounds per square inch at 28 days. Reinforcing steel shall be #3 bars on 18" centers both
ways located two inches (2") below the top surface of the sidewalk. As soon as the concrete has
obtained its initial set, a white pigmented approved curing compound shall be applied.
b. Construction Procedure: In general, the grade of the sidewalks shall be established with respect to
Constru ,n„�
the curb. Forms shall be set for all sidewalk and shall be true to line and grade. Forms shall be set
to provide a minimum cross slope of % inch per foot across the sidewalk toward the street. All
forms shall remain in place at least twenty-four (24) hours.
The plane of all joints shall make a right angle with the surface of the pavement. No joints shall
have an error in alignment of more than one-half (1/2") inch at any point. The edges of the slab at
all joints, except where joints are sawed, shall be rounded with an edger having a radius of one-
quarter (1/4") inch, except as otherwise shown on the plans. The edging shall also be done
symmetrically on each section with plane of the joint.
Longitudinal expansion joints, joints used to separate new from old concrete, and joints around all
fire hydrants shall be made of conventional one-half (112") inch asphalt expansion joint material
extending completely through the concrete unless otherwise specified on the plans.
Contraction joints shall be made in the sidewalk at regular intervals, such intervals generally being
equal to the width of the sidewalk.
The contractor shall grade or fill, as necessary, along the sidewalk to match the existing ground.
Care will be used to insure that adjacent property outside the right-of-way line is protected.
6. Demolition: Contractor is responsible for the demolition, disposal and cleanup of existing curb/gutter,
driveway approaches, sidewalk, etc.
7. Construction: Contractor is responsible for the construction of new curb/gutter, driveway approaches,
sidewalk, etc.
8. ADA: All construction must comply with American Disabilities Act (ADA) and standard TXDOT
specifications, except as amended by the project specifications or drawings to be provided by the City.
9. Site: Contractor is responsible for keeping the project area clean during construction and is responsible for
final cleanup of project site.
10. Locations: The City of Paris Public Works Department will assign project areas as needed in various
locations.
11. Down Time: The City of Paris will direct the work in coordination with the contractor to expedite completion
of work and to minimize any down time and moving time.
12. Inst*ection: The City of Paris Public Works Department will inspect the project site on a daily basis.
13. ^',uuantities: Quantities shown in this RFB are estimated quantities only.
14. Point of Contact: The contractor selected for this assignment will work closely with City staff. The Street
Superintendent, or his designee, will serve as the primary point of contact and will be responsible for
coordinating and implementing the subsequent work. Other officials who will be involved in this project
include, but are not limited to, the Public Works Director and the City Engineer.
Submittal o t
All submittals must follow the same format No exceptions to this format will be accepted. To be accepted for
evaluation, the submittal format must address all required components in order.
The aim of the required format is to simplify the submittal preparation and evaluation process and to ensure that all
submittals receive the same orderly review.
All submittals must include the following components:
A. Cover Letter and Firm Profile
B. Signature Affidavit
C. Attachment I — Conflict of Interest Questionnaire
D. Attachment II — Bid Form
E. Attachment M — Resolution 2020-052
a. Appendix A — Safety Record Application
b. Appendix B —Safety Record Survey, Projects #1-5
Submittal Comonents
A. Cover Letter and Firm Profile: Provide the following information about your firm:
• The firm's name, a -mail address, business address, phone number and fax number
• Types of services and products offered
• Number of years in business
• Number of employees
• Names of supervisors to be assigned to this project
• The location of the offices that would provide the project services
• A brief statement of the firm's background, demonstrating longevity and financial stability
• Current workload
• Demonstrate the ability of your firm to complete deadlines.
B. Signature Affidavit
C. Attachment I — Conflict of Interest Questionnaire
D. Attachment H — Bid Form
E. Attachment III — Resolution 2020-052
Selection Criteria
If a bid is submitted in which there is a material failure to. comply with the Submittal Format and Selection Criteria,
such bid shall be rejected and the contract shall be awarded to the next lowest responsible bid conforming to said
Submittal Format and Selection Criteria.
The City of Paris may use the following selection criteria to evaluate bids prior to awarding a contract:
1. The price;
2. The offeror's experience and reputation;
3. The quality of the offeror's goods or services;
4. The impact on the ability of the governmental entity to comply with rules relating to historically underutilized
businesses;
5. The offeror's safety record;
6. The offeror's proposed personnel;
7. Whether the offeror's financial capability is appropriate to the size and scope of the project; and/or
8. Any other relevant factor specifically listed in the request for bids, proposals, or qualifications.
Following a review of submittals, it is the intent of the City that a contractor will be selected. The City and selected
Page 5 of 25
contractor will work collectively to negotiate a contract for the services. If a contract cannot be successfully negotiated
with the selected contractor, discussions will be terminated and a contract will be negotiated with another contractor.
Subject to a successful negotiation of a contract, City Staff will make a recommendation to the City Council at the
next available City Council meeting. All participating contractors will be notified by the City of its final decision.
The City is not obligated to provide status updates to contractors of its progress or process.
Contract
The selected contractor will be expected to use the attached Professional Services Contract for completion of this
project. If there are any perceived issues with the attached contract, please note those in writing and submit them with
your submittal. The City reserves the right to edit and/or amend the attached Contract prior to and/or during
negotiations with a selected firm.
Minimum Insurance
Please see the attached Professional Services Contract for details on minimum insurance requirements.
We thank you for your time and interest in preparing a submittal for the City of Paris Concrete Demolition and
Construction RFS.
SIGNATURE AFFIDAVIT
Please include „this si ,nature affidavit with.. your submittal.
The undersigned, submitting this response, hereby agrees with all the terms, conditions, and specifications required
by the City in this Request for Bids, and thereby declares that the attached submittal is in conformity therewith.
Submittal shall provide the complete information requested above.
Include the legal name of the fin -in and signature of the person legally authorized to bind the firm to a contract.
Richard Drake Construction Company L.P,
Firm
�u
Signature
Vice President
Title
April 21, 2021
Date
903-732-4781
INI.M.11
Page 7 of 25
ATTACHMENT I
NOTICE TO ALL CITY VENDORS AND ALL POTENTIAL CITY VENDORS:
On May 23, 2005, the Texas Senate passed House Bill 914, adding Chapter 176 to the Local Government Code,
and imposing new disclosure and reporting obligations on vendors and potential vendors to local governmental
entities beginning on January 1, 2006. Failure to abide by these new statutory requirements can result in possible
criminal penalties. The City of Paris is requiring you to complete the attached Conflict of Interest Questionnaire
(CIQ) Form, prepared by the Texas Ethics Commission, at the direction of the legislature and strongly recommends
you become familiar with House Bill 914.
The City of Paris will not provide any further interpretation or information regarding these new requirements;
however, you may contact the Texas Ethics Commission at httll://www.ethics.state.tx.us/ or at 1-512-463-5800.
Please remit the CIQ form below with your response.
Thank you,
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg„ Regular Session. OFFICEUSEONLY
This questionnaire Is being filed In accordance with Chapter 178, Local Government Code, by a vendor who Oate Receivedw.�.M
has a business relationship as defined by Section 178.001(1-a) with a tote] governmental entily and the
vendor meets requirements under Section 176,006(a).
By law Ihis questionnaire must be tiled with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a• 1), Local Government Code,
A vendor commits an offense if the vendor knowingly violates Section 175-006, Local Government Code. An
offense under this section Is a misdemeanor,
! Name of
en dor has a business relationship with localgovernmental .ity...._
- -- . .���. fp entity.
None
completed box If you are
with then update rsale Rene previously
filed
questionnaire.
the
........ ......� m
Check this y gp y q . (The taw requires that you lite an updated
q appropriate 8 y 7th business day after the date on which
you became aware that the originally !Aad questionnaire was Incomplete or Inaccurate.)
Name of local government officer about whom the information is being disclose����
S -, d.
NONE
Name of Officer
Describe each emplo meat or other business relationship with the Ioca) government officer or a family member of the
Y y e
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
Cid as necessary.
N/A
A. Is the Ioca! government officer or a family member of the officer receiving or likely to receive taxable Income,
other than investment Income, from the vendor?
❑ Yes ❑ No
8, Is the vendor receiving or likely to receive taxable Income, other than Investment Income, Irom or of the direction
of the local government officer or a family member of the officer AND the taxable Income is not received from the
local governmental entity?
❑ Yes ❑ No
$ ,. o rntyir business relationship
a�named I Section maintains
� corporation or
hrbusinesseiywithrespect to which theoval government off Icer serves as an offceor director, o holds
an
ownership Interest of one percent or more.
NONE
.,.. mm❑ � _.n „� �.._.. Section ceoom m^^^
^^^^^
Checkthis
box
fhavador has givent eOvalgovernment
aror,fy lrf1air one r more gills
as describedoSection 00( giftsdescribed beo (-1)
^^^^^
............�.a.._a
04/21/21
one urs van r doing business w e governmentalan y Date
Fomn provided by _Texas Ethics Commission ..wa-..................w......... „oo,... w R,—evi s.ewd i1/1.3..0_.V12200
16
Page 9 of 25
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at httpl/www.statutes.legis.state.tx.us/
Docs/LG/h1m/LG.176.h1m. For easy reference, below are some of the sections cited on this form.
Local Government Code,§ 17G X01(1 a�. Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on;
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code 6176.003(a)(2)(A) and MI.,
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
+R+
(2) the vendor;
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during lite 12 -month period
preceding the date that the officer becomes aware that
(i) a contract between (he local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12•month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(€€) the focal governmental entity is considering entering Into a contract with the vendor.
Local Government codeq,1.75 00._ 6( .a.nd .(
(a)Avendor shall file completed conflict
t of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a• 1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware;
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(13) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Elhlcs Commission www.e1h1cs.s1a1e.1x.us Revised 11/30/2815
Page 10 of 25
ATTACHMENT H
i #.
CONCRETE DEMOLITION AND CONSTRUCTION
The following bid form contains estimated quantities for bidding purposes. The City of Paris does not guarantee these
quantities as exact amounts for purposes of actual work to be performed from May 1, 2021 to April 30, 2022. If the
bidder does not wish to bid on an item below, please write "No Bid" on the line provided.
The Bidder hereby states that the following is in compliance with the RFB Specifications and Requirements and is
bid as unit prices and not lump sum.
A. Curb and Gutter Installation —City Standard, V— Estimated Quantity: 4,500 L.F.
$ 23.90 per L.F
$ 5.50 er L.F. Removal and Dis osal
..")___........_....�..�._.�,____-...-.._.-._..-_--.w._.._.... p p
$ 29.40 _. Total price
B. WPA Style Curb And Gutter To Match Existing Installation — Estimated Quantity: 50 L.F
$ _ 41.00 per L.F.
$ 00 _ per L.F. Removal and Disposal
$.49.00 Total price
C. Driveway Approach installation — City Residential Standard — Estimated Quantity: 4,000 S.F.
$. 7.75 per S.F.
$ 2.50 per S.F. Removal and Disposal
$ 10.25 Total price
D. Sidewalk — City Standard — Estimated Quantity: 2,500 S.F.
$ 6.25 _ per S.F.
$ 2.00 per S.F. Removal and Disposal
$ 8.25 Total price
E. Valley Gutters —Estimated Quantity: 200 S.F.
9.50 .. . Pr S.F.
$ 3.00 per S.F. Removal and Disposal
$ 12.50 .... _ .. Total price
Signature: �
f
Name: Tex R. Horton
Title: Vice President
Date: April 21, 2021
Page 12 of 25
ATTACHMENT III
RESOLUTION NO. 2020-052
RESOLUTION NO.021)_"052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING THE ADOPTION OF A POLICY FOR CONTRACTING FOR AND
DELIVERY OF CONSTRUCTION PROJECTS AND SETTING OUT CRITERIA
FOR DETERMINING IF A PROSPECTIVE BIDDER IS A RESPONSIBLE
BIDDER,
WHEREAS, the City of Paris,'Pexas is a Flume Rule Municipality ("City"); and
WHEREAS, Chapter 252.021, Texas Local Government Code, states that
"before a murild pality may enter into a contract that requires an expenditure of more
than $50,000.00 from one or more municipal funds, the municipality must;"
"cornply with a method described by Chapter 2269, Texas Government: Code"; and
WHEREAS, Chapter 2269, 'Texas Government Code, governs the procedures for
the contracting and delivery of construction projects for municipalities; and
WHEREAS, Chapter 2269 provides several methods by which a city nlay
procure and contract for such services; and
WHEREAS, Chapter 2269, Subchapter C, sets forth the competitive bidding
method whereby a governmental entity may contract for the construction, alteration,
rehabilitation, or repair of a "facility", defined as an improvement to real property, by
awarding the contract to the lowest responsible bidder; and
WHEREAS, Section 2269,055 sets forth criteria that a governmental entity may
consider in awarding a contract under Chapter 2269, including but not limited to the
safety record of the offeror; the offeror's experience and reputation; and any other
relevant factor specifically listed in requests for bids, proposals, or qualifli cations; and
WHEREAS, the City Council of the City of Paris, Texas, desires to implement
Texas Government Code Chapter 2269 and to adopt a Safety Record Policy And Bid
Specification Criteria to review the performance of all prospective bidders in
determining the most responsible bid under Chapter 2269, Subchapter C as well as in
awarding contracts pursuant to the other methods outlined and allowable under said
Chapter; and
WHEREAS, the City of Maris will include in the specifications on various bid
projects a safety application and safety survey related to the safety record of
prospective bidder's and will set out the criteria by which the bids, proposals, or
qualifications will be judged; and
WHEREAS, the results of the information received will be used by Staff to
prepare a recommendation% for City Council as to the awarding of such contracts for
public: works projects as set forth in Chapter 2269;
Page 13 of 25
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
*F PARIS, TEXAS, THAT:
SECTION 1. The above recitals are found to be true and correct and
incorporated herein for all purposes.
SECTION 2. The City Council of the City of Paris, Texas hereby adopts the
policy attached hereto as Exhibit A and Incorporated herein by reference regal -ding
Contracting and Delivery Procedures for Construction Projects, including Bid,
N1,giiii'l. ind gNalifliptions Snecification Criteria whicli Includes factors that maN be
ISO% in 1) W, 6- -uevrs-wr
ofsareLy and other relevant inffirmaLion.
SECTION 3. The City Council of the City of Paris, Texas, hereby authorizes
the establishment of a Safety Record Policy, which Includes an Appendix "A" Safety
Record Application and an Appendix "B" Safety Record Survey, a copy of which is
attached to this Resolution as Exhibit B and incorporated herein by reference.
SECTION 4. The Safety Record Policy and Bid Speccation Criteria will be
provided to all prospective bidders as part of the contractors bid specifications
packet.
SECTIO
WW=
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS.
TEXAS, ON THE 14TH DAY OF DECEMBER, 2020.
ATTEST:
�g®r
N-1
JV
fi
iC`e ��` lis, City Clerk
— I
"9OVED AS TO FORM:
►
Page 14 of 25
Mayor
uwf 1FAWFEW
COPSTROCTION PROJECTS
Purpose of Policy: The purpose of this policy Is to implement Chapter 2269 of the Texns
Government Code, "ContnacUng and Delivery Procedures for Construction Projects" for all
constructiori projects involving expenditures over the amount of $50,000.00.
Statement of Policy: It is the policy of, the City of Paris., Texas that the City's procurement
of contracts for construction projects of public works will be governed by Chapter 2269 of
the 'Texas Governmea Code, and the City may from time to tirrie avail Itself of each or the
methods set fuffli in said Chapter 2269 as It may ft-oin time to time be amended. Such
methods include:
Subchapter C;
Competitive Bidding Method
Subchapter D:
Competitive Sealed Proposal Method
Subchapter E.,
Construebon Manager -Agent Method
Subchapter F;
Construction Manager -At -Risk Method
Subchapter G,
Building Using Design -Build Method
Subchapter 1:
job Order Contracts Method
City of Paris Did, Proposal, and Qualffications Selection Critetia: As authorized by
Section 2269.055, Texas Government Code, the City of Paris may use the following criteria
to evaluate bids, proposals, and qualifications prior to awarding any construction contract.
under this policy, 'including taut not: limited to using the criteria to determine whether a
bidder under Chapter 2269 Subchapter Q "Competitive Bidding Method," Is a responsible
bidder -
1. The price;
2. The offieror's experience and rvptitation-,
3. The clu.ality of the offeror's goods or services;
4. The impact on the ability, of the governmeriLal entit)t to comply with rules relating
to historically underutilized businesses;
5. The afferar's safety record;
G. The offeroes proposed personnel;
7. Whether the offeror financial capability Is appropriate to the size and scope of tile
project; and/or
8. Any other relevant factor specifically listed in the request for bids, proposals, or
qualifications.
Lowest Responsible Bidder: If a bid is submitted in which there is a material failure to
comply with the Selection Criteria, such bid shall be rejected and the contract shall be
awarded to the next lowest responsible bid conforming to said Selection Criteria.
Methods other than Competitive Bidding: For all methods other than Competitive
Bidding, the City shall abide by all statutory requirements for each method of procurement
set forth in Texas Government Code Chapter 2269,
Copy of Policy and Selection Criteria to be provided to all offerors: The City shall include
a copy of this Policy and the Safety Record Policy In all requests for bids, proposals, and
qualifications made under this policy,
EXHIBIT B
CITY OF PARIS
SAFETY RECORD POLICY
The City of Parls, Texas shall determine the safely record of prospective bidders
through the administration of a Safety Record Policy.
UUMh ITIQN
The Safety Record Policy Is an evaluation unit which provides previous performance
information on prospective bidders. An application and inforination sheet providing
the criteria shall be included in bid specifications depending upon the size of the
contract of the services to be rendered. This document will be required when
subinitting a forniai bid (See Appendix "A").
CRl_,RA
The performances measures for the safety record are in accordance with Section
§252,0435 of the Texas Local Government Cabe which authorizes the governing body
to adopt written definition and criteria for accurately determining the safety record
of a prospective bidder. The criteria include the following:
A. The las five (5) projects on which the bidder was the "successful bidder",
B. Any lawsuits, proceedings or arbitration filed against the bidder,
C, Credit references including a financial Institution,
D. Workers' Compensation insurance carriers.
E. Claims of personal injury, death or property damages on any project(s).
EVALUATION
The Survey in Appendix "B" shall he sent to the contractors references to provide
information on the safety record of the prospective bidder. The results will be
tabulated and Included in the inforniation provided to the City Council when
determining the most responsible bidder
APPENDIX "A"
SAFETY. RECORD APPLICATION
Bidder's Name: Richard Drake Construction Company, L.P.
A. List the last five (5) projects on which you were the successful bidder. Provide a name and address for each
project.
Project#1 Cam i bell Soup Co - Road Improvements 2021
Debbv Osbourn
500 NW Loot 286
Paris TX 75460
Project#2 Simwick Crockett Elementary i
Building Foundation
Sheri Arnold
5000 Stillhouse Rd.
Paris. TX 75460
New Building
Project #3 Paris ISD -Pans JH Foundation & Concrete
Terry Anderson
1920 Clarksville St.
Paris, TX 75460
Project #4 KiewittlTIC ✓Sampson & Delilah Solar County Road Improvements
Mark Alaniz
1215 Mustang Dr.
Grapevine, TX 76051
_. w, up . ����, _ ... Earthwork & Concrete
Prosect #5 Lonestar Truck Group -New Service Building - . ......
Rocky Jones
300 NE_ Looe: 286
Paris, TX 75460
B. List any lawsuits; administrative or arbitration proceedings to which you have been a party in the last three
(3) years. Give the style of case, number and names and addresses of the other parties.
We had a truck accident September 2019. Our insurance Company
is United ✓Fire Insurance and the Senior Litigation Specialist for this is
Roberta Snifftn, CPCU - United Fire Group rsniffin@unitedfiregroup.com
Case No. CV -21-45201 - Fannin County 336th District Court
Page 18 of 25
C. Provide three (3) credit references, one of which must be a financial institution.
Reference #1 Dick Amis - President First Federal Bank
630 Clarksville St. Paris TX (903) 784-0881
Reference #2 David Rooker - Rooker Asphalt Company
P.O. Box 551044 Dallas Texas (214) 341-1182
Reference #3 Coston & Son Concrete _ Kyle Coston
155 East Oak Avenue Paris, TX 75460 (903-784-2321
D. Provide the name and address of each Workers' Compensation insurance carrier(s) for the last five (5) years.
WC Carrier #1 Texas Mutual Ins. Co.
2021 z .._ ... __e..� _., _ .......... _
2200 Aldrick Street, Austin TX 78723
wC ca ' #2 Texas Mutual Ins. Co.
trier
2020
2200 Aldrick Street, Austin TX 78723
WCCarrier #3
Texas Mutual Ins. Co.
2019
2200 Aldrick Street, Austin TX 78723
Texas Mutual Ins. Co.
WCC' #4
218
2200 Aldrick Street, Austin TX 78723
WCCarrier #5Texas
Mutual Ins. Co.
2017
2200 Aldrick Street, Austin TX 78723
Add an additional sheet if more.
E. List claims made against you by your employees or third parties for personal injury, death or property damage
on projects listed in Item A,
Project #1 None
Project #2 None
Page 19 of 25
Project #3 None
Project #4 None
Project #5 None
07,739im-,
SAFETY RFCOIU) SURVEY
PROJECT #1
Name of Bidder: Richard Drake Construction Company, L.P.
Campbell Soup Supply Company
-Debby Osbourn
500V.Wj-Q 2 arls,,,TX75460
_103-784-3341
D"uaCarnjobeN 2021
jj c c,"
A it
. . . . . . . .
2 3
4
3. Did the bidder show chamoter, pm)A'4ijiity, integaly,
g000d repolatwii mW expLek-we'?
3
Company Name:
j
Auihort7ed Signature: f, ...........
Date.
SAFETY RECORD SURVEY
'ROIECT o
Name ofBidder: RichardDrake Construction Company, LR m � ry
Sent To: Simwick General Contractors, LLC
Name, Sheri Arnold
Address: 5000 Stillhouse Rd
Phone: 903-739-2720
Project: C.rockett Elementa� ....ww mFoundation
.am�.. _.a,..,. _.�....
�m...e
Please circle the number that best represents your rating of performance with regard to the above "Biddere".
1=Poor 2=Average 3—Good 4—ExceIlent
2. Did the bidder Provide quality, availability and adaptability of the supplies, materials, equipment or
contractual services as required?
2 2 3
2. Did the bidder perform the contract or provide services promptly, or within the time required, without delay
or interference?
1 2 3
3. Did the bidder show character, responsibility, integrity, good reputation and experience?
3 �r
i rF A d
CQ Name:
✓"l�
��
r
AWh0ri2W Signature oj'
Date: 4 4 mai
n,,.. _ ............. , �„ ,_
Page 22 of 25
4111PENDIX1113"
SAFETY RECORD SURVEY
ENNECT #2
Nam ofBidder. Richard Drake Construction'Compa L.P.
Sent To: Paris ISD
Name-
Address:1920 Clarksville St. Pads, TX 75460
. .. . . ...... ..
Phone: 903-573-0240
.................... ...
Projeal Paris IS - Paris JH - NeW.Bulldl!yj foundation & Concrete
Please circle the number that best represents your rating of performance with regard to the above "Bidder".
1 2erage 3=Good 4 --Excellent
3. Did the bidder pvovie quality, availability and adoptability of the sWplies, materials, eqgipnMMt or
cowracmal servioes as required?
3 2 3
2. Did the bidder perform die contract or provide servim PrOmPtlY, Or vAthin the time required, without delay
or interference?
1 2 3 M.
3. Did the bidder Wim character, re: q X4 eft ?
ponsibBity integfity, pod reputation M and e mi r,W
71N
2 3
Company Nam:
Authorized SignaNw. - --- -------
Date,. - - ----- -
APPENDIX "11"
SAVE TY RECORD SURVEN
ER_OJECT #4
Nanie of Blddet; Richard Drake Construction Company, L.P.
Emit To: Klewitt= ® The Industrial Company
Nome. Mark Alaniz
address: 1215 Musta�q Drive, Grapevine, TX 76061
Phone- 617-733...1596
Project: Sampson & Delilah Solar - County Road Improvements
Please circle the number " best represents your rating or performance with regard to the above "Biddee.
I—Poor 2 -Average 3=Good 4=113%cellent
1. Did the bidder provide quality, availability and adaptabili ty of the supplies, Materials, equipment or
contractual services an required7
1 2 3
2. Did die bidder perform the contract or provide services promptly, or within the time required, without dellay
or interference?
1 2 3
3. Did the bidder show obaracter, responsibility, integrity, good reputation and experience?
1 2 3 4)
Compaay Name: -T—T-C- - 16a
Authorized Signature:
Date:
.. . ....... .
APPENDIX "B"
SAFETY RECORD SURVEY
PROJECT #5
Name of Bidder:. ---_m Company, L.P.
Richard Drake Construction
Sent To: Lonestar Truck Group
Name: Rocky Jones
Address: 300 NE Loop 286, Paris, TX 75460
Phone: 903-946-6466
Project: - Earthwork & Concrete
LonestarTruck Group New Seance BuildingE
..... ..,m,..m. ,., _ ...
Please circle the number that best represents your rating of performance with regard to the above "Bidder".
1=Poor Good �w�
2 a 3-4=Exce
2=Average — llen
S. Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or
contractual services as required?
5 2 3 W
2. Did the bidder perform the contract or provide services promptly, or within the time required, without delay
or interference?
1 2 3
3. Did the bidder show character, responsibility, integrity, good reputation and experience?
1 2 3
Company Name:Lonestar Truck Group
Authorized Signature: TZ,'
Date:
/..2 µ:
, COR& CERTIFICATE OF LIABILITY INSURANCE DAT 0IYYrr)
02210 /09/2 8/2 02 1
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPOlilAN1� If the certrlicate holder is an ADDITIONAL INSJREO, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER n)AMe: Danns Walker I«�
D,iVS.71: .. F 3 ....,.,.._,....... ..
K&5Insurance Agency ° (972) 771 4071 (972) 771 4695
2255 Ridge Road, Ste. 333 A dwalkerCkendslns.Com
R O. Box 277 INSURER(%AFFORDING COVERAGE MAIC N
Rockwall TX 75087 INSURERA : United Fire & Casualty Companyµ... 13021
.. "I._ ........
.... xMal Insurance _......
INSURED INSURER B : Teasulu
� ... , rance Co. ......�... .. 22945
Richard Drake Construction Company, L.P. INSURER C : Argonaut Insurance Co. 19801
6290 Highway 271 N. INSURER D : Hanover Insurance Group 22292
': INSURER E
_
Powderly TX 75473
INSURER F......... .. ............ . ........
.. ..�.�.. ....... ..................... ...._n..... .....P,,...,,,m,...,...... .
,......,
COVERAGES CERTIFICATE NUMBER. 20/21 MASTER _ _ REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT MALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR COMMERCIAL GENERAL LIABILITY .. �, j f. ..k
,s INSURANCE
�... ......... wv LIMITS
TYPEOFINSURANCE TY It$5p1yVYD�� POLICY NUMBER MMIDDfYYW MMIDDIYY11Yl r� ���it'G',is S 1,000,000
kid a i s r rrp
100,000
CLAIMSM.DE ®OCCUR
x Ded $2 000 PD MED EXP (m sne re ®rel) 15 000
A 85319456 03/30/2020 03/30/2021 PERSONAL&AoV INJURY $ 1,000,000
EN'LAGGREGATELIMITAPPLIESPER GENERALAGGREGATE $ 2000000
G.. POLICY ® JET LOC PRODUCTS COMPIOPAGG•••• $ 2 000 OOD
OTHER.,$
AUTOMOBILE LIABILITY COMBINED SIN LIMIT $ 1 000 OOD
SINGLE r "tEa acaldent.
XPI
ANY AUTO BODILY INJURY („erperson) ..... ................. ........ .............
A OWNED SCHEDULED 85319458 03/30/2020 03130!2021 BODILYINJURY(Peracuden0 $
,.,,„„,,,, AUTOS ONLY AUTOS
HIRED .... NON -OWNED PatleMDAMAGE $......
�...
AUTOS ONLY AUTOS ONLY
.......... ..
UMBRELLA
A ', EXCESSLU1B� . l i< OCCUR 85319456 031., ....
5 000 000
I EACH OCCURRENCE � $
3012020 03/3012021 5,000,000
CLAIMS -MAGE AGGREGATE _ $•
AND
pw6RKEERpL� RETENTION
$ .�,...... ....
�,._....... _ $
MPENsanoN
PER ATH- 1000,
ERS'LIABILITY
ANY PROPRIETORIPARTNERIExECUTIVE YIN E.L. EACH STATUTE]
ER $ 1000000
BIC ,OFFICERIMEMBEREXCLUDED9 N NIA TSF0001267055 03/30/2020 03/3012021 -- ----
,(Mandatory In NH) E L DISEASE EA EMPLOYEE $ 000
IFyes. d0 - -under
1,000,000
IPTIONOFOPERATIONSbelow f „m•"•,,,,, ,,,, ,,, _,,,,__,,, ..n EL DISEASE POLICY LIMIT., $ wm
.........DESCR.�.......................................�.... ......... .......mf,. .....�.,,...._________- ..m. ,,,eee..� .. .., - ..
Rented/Leased $700k 1$1 mil
CE. Ded: $2,500 except $10k on 800 to
D silo; MTC:Ded: $10k; WHSLL Ded $10k ' IHDA872550-04 03/30/2020 0313012021 Single Conveyance $500,0000
Warehouse Legal L(ab $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD .1, .."nal a ark ........."_,le, may
__._ _,v....... ... ..p ........ ".. .... .... ...........� �,.��,,,,,,.,,,,,,.....,.,._...._--_...--,
01, Additional Remarks Schedule, may be attached IF more space is required)
[Job #: Job Type: Curb/Gutter. Driveway, Approches]
and Reinforced Concrete Sidewalk
Please see attached for additional information.
---.-.—.,,.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Paris ACCORDANCE WITH THE POLICY PROVISIONS.
186 1st S.E. �.......�.��....�������M����� .�� ����,r ,.��.�, ..mwow ....... m........__..��.,,m......................_._..................w...............................................................
PO Box 9037 AUTHORIZED REPRESENTATIVE
Paris TX 75461-9037 W„ ..•-
ro.�,�..�.�a�.,-w..
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
IMPORTANT NOTICE
STATE OF TEXAS
COMPLAINT PROCEDURI-ESS
1.1MPORTANT Nb=F_
'To bbtilh hwmelon or Maio a ocimplairit
2. Yovifty, corbotagent.
Yomr
3- -Y-6ts. -tr* q* WesdMd Ins C
Wesffield National hmmnce Company, -arwor
Ohio Faffnem Insmuce Company's tolVree.
telephone number for informatioti or to make a
complaint at
1.00-243-0210
YOU may also write to Westfield kmtafloe
Company, Westfield Ratio" 'Insurance Company,
ancifor-Ohio P-afteft lbsurancecoinpanyal:
Aft Song CW#m
&; 'Park Circle
P 0 BOX 5001
Westfield Center, -014 44Z6j-',W04.
Fkx #330x887-08.40
5- You: May. -00tart the Te4r. Pepaft. of
ln$ur&We to obtain intmation on: companles,
-coverages, tights or coMplaints at
,1400-252-343,9
S. YoU may Ote to the Texas Depaftent of
InwMWe, Consumer ftteCUOP SeO011 (MC 1:11 -14):
P.0. Box 14W91
AuOn,'TX 78114-W91.
Fax, (512) 4W. -1007
We& www.dtqm:pv
E-mail: Co=mKEwLqgftftdJJ.W==_y
7. PREMIUM 09 CLA-M -DISPVU,- S;
shoodd. you have a dispute, concerning your premium or
ab,W.a claim,. yqu should dmW the ip-Ont Wesdileld
lilswrdrft 00pany, Westfield National Insurance
Company, or Ohio FarmerslnsuMm Company first. if
the dis
,opute is not r*WVed, yqu- may qmtact the Texas.
Depi3ftent4insurahw,
B.- ATTACH THIS NOTICE TO YOUR POLICY:
This rrotice Is for inforfration only and 40es not become
roort,ftep of the attad
4 Part or , ied document.
ER)5430 '(06-15)
AV.11%0 IMPORTANTE
Para 6btener infomiacloh o para -somMwuna queja-
Pueft -comuniem6 con su .#Itle) 0 (telephone -
number).
Ustid puede IlarrAr al, ftumero & telefono gratis d6
Westfield insurance Company, Westfield National
linsurawA Company, andVor Offlo Farmers.
Insurance CoMpanys Para 'infb.rnwjo6 -o p . m.
someter una quela at:
=e
Vsitedtaftlehwed' ribiraWestfietdinstiranbe
tfield National Insurance
Company, andlor Ohio Faraw m. Insurance
Attn: Bond Claimis
One Park 10 1rcI6
P.O Box Mel.
Westfield Center', GH .44�0-6001
Fax #33"87-0040,
PUP.4e comunicarse con al DeWonehtoi 00
Sequrbsft Texas para obtener - informaclon ac erca
de companies, coberturas, dereChOS G qUeOS 21-.
1-800-252-34-39
Puede:,esedbir :al Departomento de . Seguros de,
Texas.. Consumer PmtecUPR Sedlon (Mc 111 -1A
P.O. Box 14901
AustK TX 70744--9.091
Fak (511)4WtOO7
Web: ,www.tdLte) ww.gov
E-mgit:.QMS=rPmteWonM)tdLtexas.00v
D[SPUTAS 805M -PRIMAS 0 RECLAMOS,'
Si bene. cols "i pUtO concemitente A t.0 prift o -a un
.re.damo, debe- comun.ic". Batt 0 agenig,'westfielo
Insurame Company,'Westfield National Insurance
Company, e ON ' :Furriers Insurance Omppy'.
I Jo
primem. "Si no se. muelve la 0(spula, puede,
entdnces_c*mun1car$.e.qpn el departamento (TDI).
LINA ESTE AVISO.A SU POLIZA:: Este aviso es
solo pom proposito 46 inbrmadon -y no.se-con . vierte
en parte. q condicion del dercumento adjunto.,
Bid Bond
SURETY DEPARTMENT
Conforms with the American Institute of
Architects, A.I.A. Documents No. A-310
KNOW ALL MEN BY THESE PRESENTS,
That we, Richard Drake Construction Comn L.P. as Principal hereinafter called the Principal, and Westfield Insurance
Company a corporation created and existing under the laws of the State of Ohio ww -r whose principal office is in Westfield
Center OH as Surety, hereinafter called the Surety, are held and firmly bound unto C111 of Paris as Obligee, hereinafter called
the Obligee,
in the sum of Five Percent of the Greatest Amount Bid, Dollars (5% GAB) for the payment of which sum, well and truly to
be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents
Whereas, the Principal has submitted a bid for Curb/Gutter, DrivewaNA Broaches and Reinforced Concrete Sidewalks
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract
documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount
specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the
work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect
Signed and sealed this 16th day of February;„ 2021
Richard Drake Construction Com
(Principal)
B , (SEAL)
Westfield Insurance CampanRi
(Sty)
By (SEAL)
1oiinnry Moss, Attorney-in-fact
Gene ia. I I POWER No. 4220012 14
Power Westfield In's'urance Co.
of Attorney Westfield National.- Insurance Co.
URRFIMCOPY 0-hio, Farmers Insurance Co.
Westfield Center,. Ohio
. . ...... ........
ArOW All M' b 7�q A- that WE5T.F'I:ELD INSURANCE COMPANY, WESTF:IeLD NATIONAL INS . URANCE COMPANY and OHIO
a
FARMERS INSURANCE �MMPZ.WY`CPeiqqratiph!% herginafter referred to individually as a ;Gftp?n�"jrrd collectively as "Companies,"' duly
oigihtied and exiW,rt?
gqOer the kiw-s df .the 5*6 of Ohio, and having Its principal office n Westfield Moir, Meclina.Courity, Ohio, d6 by these
presents tnalke 00'
P%� eon.d'appoint
-JOHNNY MOS% AY JORI)AN, MISTI'E- BECK J9.REMY.BA9NIE.TT, JADE PORTER, ROBERT G, KAN11jTIj,
J AR VALMIN
9E',TT. " " 'JACK- NO TiwajiAM, jolINITLY CR gevEW.. LY
of ROCKWALL and State of TX Its true and (awful. Attorriey(s)-in-Fact- with full power and authority hereby conferral in its home,
place and stepo. to exp-qute n
..i acknowledge and deliver ay -
and all bonds, rpcognizanm, undertakings, or other instruments or contracts of
.Suratywipw w . . . . .. . . . . . ... . . . . . . . . .
LIMIT ATI,
W
ON. THIS POWER- OF ATTORNEY CANNOT -K USED TO EXECUTE NOTE .GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE AlUNT-Eff, OltBAffKDE 1 gbkbS.
06 ISTORY
and to bind any of1hb-Compan"Ids thierepy as fully and to the same extent as if such b6hds werteisigned bV, the President, sealed with the corporate
I C. -art.d du V its Secretary hereby ratifying and confirming all that the said Attorney(s)-in -Fact may do in
sijal'of.fh6:A0pli.. 'b
0 a qm any attested by
the aralmh s. Sa"Id'a A' ment 'Is' made - authority of v nq resolution adopted by the Board of Directors of each 6f the,
tiYlE.W _:0nW ago by
.!ffFiELD INSURANPREOC'0191PAV WfSTFI ELDNATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE -COMPANY:
'� that .'at the PMid, Executive,. any ons Executive or other i9ecutive shall
.ae ft Re0w 04 any Senior Eie I INSURANCE
or any Fidelity & Surety Operati
he',and ,#:110reby .vested: with f6il power - and authority toappoirk�. anyone or, more suitable persons . as Attorneys) -in -Fact to represent and act for
anti on tighajf ofIlle oc'),igorty alt6ject to the following provisions:
The Attorney iiamFact may -bo-given frill power and authority. (Qr and In the name of and on behalf Of the Company, to execute, acknqw.ledge and
dellveri;any.9 d all Winds. recog�ilancos,,co contra( a4r0em'6rits of indemnity and other cohditiqnal Or obligatory underiakingt and any and all
. I ... .... I., : . . n 41=4 I .. - . undertakings
n6tIc Illig or terminating the Comp6hy'§ liability thereunder, and an
,et ftcl, documents caridel' y such instruments so- executed by any such
Ano . rhey-4 . m . Ficks"hall be as biftritho upon, the 6r6p@ny. as If,signed'by
I the President and sealed and attested by the Corporate Secretary."
9.Fur—th.`or.)?ssd1ved, tHai the. %nature of any such designat,0 person and the sea[ of the.Company heretoloreg tierej
iftor affixed to a
-powerof attorney or an ce.i.totic4le-l�6.�la.lin.gthereto- byttesirM[e,aiid.ally powi�ro.f,attorney or-cartificate.beoringf�icsI Ip_-5IgnatpresorIecsIm919
seat shall be: vafi . any
ppon,the Cqmpony With respect to any bond or, uridertakirigito which it is attochko.' .(Each ado
pjidaf a 'meeting
h0ld ort F bl 2000).
fir s:_ �epF WESTPIELD INSURANCE comPAN
Y, WE*$f.VIELD NATIONAL -INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused h rits to 06 signed b their National Surety Leaft andSeniorExecutive and their Corporate seals to be hereto
afftired these rese
UR .
.g y r ut
this 02nd J AN
curpor�gte
seals�Piffixad_ Omia-
State of Ohio
County of WOria 551-1
WESTFIELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY'
By.
Giryw-. ";mjrnper, NationaSur% Leader and
Executive
xecutive
On .this WnO' day of, JANUARY. AD., 20110 :before me personally came Ga I W Sturnpier to me known, who, being by me duly sworn,
that Jie. resides In Surety Leader Senior' Executive of WESTRW) INSURANCE
.Old depose and .say , . i1irdbinli, CT; that he -is National Sure
COMVANY'W5ST'FIELD-NA'TI N'L"N-SURAN F;rS [N
1 0 A I . . Qt COMPANY and 01-416 FARMERS SURANCE COMPANY, the companies ciLastdbed In and which
executed the, above initrumarn: that he knows the,,seals of said'Companiesi that the seals affixed to said instrument are; such corporate Seals; that
.they wdr.'eso-i�f.fixedb.y6.rde.rqf'O*goards'utDirectors ofsaid cc)rbO,ani&',:and it'iat.h6L'si ed his name thereto by like order
Notarial
signed
Sell gt A 1.
Afft.9W
State .of Ohio
David A. Kofnik, Attorney at Law,. Notary Public
Qoqnty of Medloa. SS.! My Commission Does Not, Ekpire (Sec. 147.03 Ohio Revised Code)
0
1, Frank A; Carrliho, Secretary of WE8!TFIEL13- INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify, that the above and correct Foregoing. is a true and correcopy of a Power of Attorney, executed by said
Companies which 19 still in -full farce. and,6 . effect; and furtheerricir-e; the resajutions of -the'Boirds of Directors,. set. oijt: in the Power of -Auerney are
in fur, f0rcevid: effect.
In K)thesWherovf, I have hereunto set. My hand and tiffixed the seals of sold Companies at Wmrielcl Center, Ohio, this, 16th day of
Sebftm 2021
N.Ak itis 1
el
S
Frank A. Carrino, 'Secretary
�BPOAC2 (combined) *02)
Richard Drake Construction Company, L.P.
Employee Handbook
Standard Employment Practices & Procedures
6290 Hwy. 271 North
Powderly, TX 75473
(903) 732-4781
Fax (903) 732-4340
Contents
Standard s=m�...�..�tla gent Practices
..�.w�w..�..�...
•
At -Will Employment
■ Equal Opportunity Employment
■ Sexual & Other Unlawful Harassment
• Immigration Law Compliance
• Criminal Convicflons
■ Evaluation Period
• Standards of Conduct
• Personnel File
General policies and Procedures
■ Orientation
• Reporting Changes
' Job Classifications
• Pay Periods
• Hours of Work
• Breaks
■ Time Keeping
■ Overtime
■ Salary Increases
■ Payroll
Performance Reviews
■ Bonus Structure
■ Expense Reimbursement
■ Attendance & Punctuality
Availability for Work
■ Mandatory Meetings
■ Holidays
■ Drugs & Alcohol
• Violence & Weapons
• Jobsite safety rules
■ Visitors
• Workplace Attire
• Telephone Use
• Voice Mail & Electronic Mail
■ Postage, Shipping & Office Supplies
■ Personal Safety
Office Security
• Monitoring & Searches
• Confidential information
• Conflicts of Interest
■ Non -Solicitation
• Competing Employment
Leave Policies
■ General Policies
■ Sick Leave
■ Short Term Disability Leave
■ Family & Medical Leave
Personal Leave of Absence
■ Jury Duty
• Military Duty
■ Funeral Leave
■ Emergency Closings & Severe Weather
m.�loee Benefits
■ Benefits Eligibility
■ Breaks in Service
Vacation
■ Medical Insurance
■ 401 K
■ Worker's Compensation
■ COBRA
qIsciolinary Policies
■ Problem Resolutions
■ Discipline
a Corrective Action
Seaara#ion wPolicies
■ Job Abandonment
Termination
■ Termination Process
8 Employment References
A►poOdices
■ Exhibit A: Overview of the Family and Medical Leave Act
■ Exhibit B: Overview of Federal Equal Opportunity Laws
■ Exhibit C: Overview of the Immigration Reform & Control Act
■ Exhibit D, Acknowledgement of Receipt & Understanding
0
Standard... Iwmt ,lovment Practices
_ t .. Will Ement
Richard Drake Construction Company, LP does not offer tenured or guaranteed employment.
Unless Richard Drake Construction Company, LP has otherwise expressly agreed in writing, your
employment is at will and may be terminated by you or by Richard Drake Construction Company, 1-P
at any time, including after the evaluation period.
Eauai Emolovment Onportuni
Richard Drake Construction Company, LP is committed to providing equal employment opportunities
to ail individuals without regard to race, color, religion, sex, national origin, age, disability, marital
status, sexual orientation, or any other characteristic protected by law. For further information about
the applicability of Federal Equal Opportunity Laws, including the Americans with Disabilities Act, the
Equal Pay Act, or the Age Discrimination in Employment Act, see Exhibit C in the Appendices.
Richard Drake Construction Company, LP does not discriminate on the basis of gender in
compensation or benefits for women and men who work in the same establishment and perform jobs
that require equal skill, effort, and responsibility and which are performed under similar conditions.
Richard Drake Construction Company, LP will make reasonable accommodations for qualified
individuals with known disabilities unless doing so would result in an undue hardship. An employee
with a disability for which reasonable accommodation is needed should contact his/her supervisor to
discuss possible solutions.
Employees with questions or concerns about any type of discrimination in the workplace
are encouraged to bring these issues to the attention of Paul Drake; he can be reached at
(903) 732-4781. Employees can raise legitimate concerns and make good faith reports
without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination
will be subject to disciplinary action, up to and including termination.
Sexual and Other Unlawfulw Harassment
Richard Drake Construction Company, LP will endeavor to maintain a work environment that
nourishes respect for the dignity of each individual. This policy is adopted in furtherance of that
tradition_
It is against the policies of Richard Drake Construction Company, LP for an employee to harass
another person because of the person's sex, race, color, religion, national origin, age, disability,
sexual orientation, marital status, or other characteristic protected by law. Actions, words, jokes, or
comments based on such characteristics will not be tolerated.
Consequently, it is against the policies of Richard Drake Construction Company, LP for.an employee
to sexually harass another person. Unwelcome sexual advances, requests for sexual favors and
other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1)
submission to such conduct is made either explicitly or implicitly a term or condition of an individual's
employment; (2) submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual; or (3) such conduct has the purpose or effect of
unreasonably interfering with an individual's work performance or environment.
Any employee who believes that he or she is being unlawfully harassed should immediately contact
his/her supervisor or a member of management.
All complaints of harassment will be promptly, thoroughly and confidentially investigated and, where
necessary, appropriate corrective action will be taken. Any person found to have unlawfully
harassed another employee will be subject to appropriate disciplinary action, up to and including
termination.
Imminration Law ComTrliance
Richard Drake Construction Company, LP does not hire anyone who is not a citizen of the United
States, or is not a non -citizen who is authorized to work in the U.S under the immigration Reform
and Control Act of 1986. As a condition of employment, all new and past employees must show
valid proof that they are eligible to work in the United States. An overview of the Immigration
Reform and Control Act can be found at Exhibit D in the Appendices.
Criminal Convictions
Richard Drake Construction Company, LP reserves the right not to hire or retain anyone who has
been convicted of a criminal offense. Conviction of a crime that involves dishonesty may result in an
automatic termination of employment. Before any decision is made, the nature of the crime and
circumstances surrounding the conviction will be considered.
Evaluation Period
During the first three months of your employment with Richard Drake Construction Company, LP,
you will be in an "evaluation period." During this time, your supervisor will continually evaluate your
performance and compatibility with Richard Drake Construction Company, LP. Should your
performance not meet the standards set forth by Richard Drake Construction Company, LP or your
supervisor, your employment will be terminated. Upon completion of the evaluation period, you will
be eligible for additional benefits, as set forth in the benefits information you received upon
employment.
Standards of Conduct
Richard Drake Construction Company, LP expects that all employees conduct themselves in a
professional and ethical manner. An employee should not conduct business that is unethical in any
way, nor should an employee influence other employees to act unethically. Furthermore, an
employee should report any dishonest activities or damaging conduct to an appropriate supervisor.
In the event that you become aware of another employee's behavior or actions, which you believe
are inappropriate, illegal, problematic, or in any way inhibit or affect your job performance or the
Richard Drake Construction Company, LP work environment, you should discuss such behavior or
actions with your supervisor or other appropriate management personnel.
All reasonable concerns will be promptly, thoroughly and confidentially investigated by Richard
Drake Construction Company, LP and, where necessary, appropriate corrective action will be taken.
You should not discuss such actions or behavior with other Richard Drake Construction Company,
LP employees. Your discussing such matters with other employees may — in and of itself — create
an unacceptable work environment for which you will be held responsible and for which you may be
disciplined in accordance with Richard Drake Construction Company, LP's disciplinary policy.
Personnel File
Richard Drake Construction Company, LP keeps personnel fifes on each of its employees. These
fifes are confidential in nature and are managed by the payroll department. They will not be copied
or be removed from the premises unless there is a legitimate business reason to do so.
Any employee may view his or her personnel file by contacting the payroll department during normal
business hours. No employee may alter or remove any document in his or her personnel file.
General Policies and Procedures
Orientation
In accordance with federal law, both new employees and re -hires will be required to provide
documentation of identity and eligibility to work in the United States, The 1-9 form will be used for
this purpose.
New employees will also receive a copy of the Employee Handbook and will be given the time to
read it and ask any clarifying questions. The signed copy of the 'Acknowledgement & Receipt of
Understanding" will be placed in the employee's personnel file.
Reporting Chances
You are responsible for promptly notifying the payroll department of any change in your name,
address, telephone number, marital status, citizenship, tax withholding allowances, emergency
contact Information, insurance beneficiary, or dependent insurance coverage. Accurate and correct
information is vital for benefits and insurance records and other Company files.
Each employee is required to receive approval from his/her supervisor, in advance, for vacation or
leave time to be taken. Additionally, employees are to inform their supervisors of sick days taken .
and excessive lateness in arriving at work.
Job Classifications
Employees are classified by two major categories: "Exempt" and "Non-exempt." This handbook
applies to both Exempt and Non -Exempt employees.
7
(1) Exempt employees are salaried and generally fall into one or more of the fallowing four
classifications: executive, professional, administrative, or sales. These employees are exempt
from the applicable provisions of state and federal wage and hour laws (FLSA).
(2) Non-exempt employees are eligible to receive overtime pay in accordance with state and federal
wage and hour laws (FLSA). These employees are required to submit a time card each week
before noon on Monday for the purpose of tracking hours worked and calculating compensation.
Employees are also classified within one of the following three statuses:
(1) Full-time: any employee who is regularly scheduled to work 35 hours a week or more. Full-time
employees are eligible for standard company benefits.
(2) Part-time: any employee who is regularly scheduled to work less than 35 hours per week. Part-
time employees are not eligible for standard company benefits.
(3) Temporary: any employed hired for temporary work that is intended to be of limited time period:
Temporary employees are not eligible for standard company benefits.
Pav Periods
All employees are paid on the Friday of each week. if Friday falls on a holiday, employees may be
paid the day before the holiday at the Company's discretion.
Hours of Work
Richard Drake Construction Company, LP's standard work week for full-time employees is six days.
Schedules may vary based on the company's needs. Employees may not deviate from the
company's hours of work, unless a manager or supervisor specifically approves a request.
Breaks
Richard Drake Construction Company, LP managers determine appropriate lunch and dinner breaks
per their needs. Typically, employees working for more than four consecutive hours are provided
with a meal break of 30 minutes. Breaks are scheduled throughout the workday, so as not to disrupt
the business processes of Richard Drake Construction Company, LP.
Time„ KeepOg
Nonexempt employees are required to record on their time cards time -in, time-out, any non -
compensated breaks and the jobsites where they work. Time cards must be turned in weekly by
Monday noon.
Overtime
Nonexempt employees are to be paid time and one-half (4.5) for time worked that exceeds 40 hours
during a scheduled workweek which runs Monday to Sunday. Employees asked to work overtime
are expected to do so. Exempt employees are not eligible for overtime pay.
The calculation of overtime hours will' not include holiday, sick leave or vacation days during a given
scheduled workweek.
Balm increases
Salary increases are based on performance or promotion, All salary increases are at the discretion
of the Company's management.
Payroll
Both exempt and nonexempt employees will have federal, and state taxes if applicable, withheld
from their wages. Payroll checks will not be released prior to the set pay schedule for any reason,
nor will they be released to anyone other than the employee, unless the employee has signed a
release for that particular person to receive his/her paycheck.
Performance Reviews
Every Richard Drake Construction Company, LP employee will be subject to a performance
appraisal at least once a year. The employee's supervisor will give these reviews. The reviews will
focus on job-related strengths and weaknesses, as well as overall fit with the company. Goals and
improvement plans will be mapped out each review period and progress will be measured at the
next review.
Performance reviews will determine salary increases and promotions. Employees will have the
opportunity to thoroughly review all performance appraisals and provide a written opinion. All
performance reviews and responses will become part of an employee's personnel file.
Bonus Structure
Richard Drake Construction Company, LP may institute a bonus structure or incentive plan at any
time. Richard Drake Construction Company, LP guarantees no bonus plans. Any bonus structure
will be determined by management and will likely include some level of performance achievement.
Exm:)ense Reimbursement
Richard Drake Construction Company, LP will reimburse employees for reasonable pre -approved
business expenses. Reasonable expenses while traveling on company business include travel fares,
accommodations, meals, tips, telephone and fax charges, entertainment of clients and purchases on
behalf of the company. Local expenses include company purchases, taxi or public transportation
fares when on company business and entertainment of clients.
All expenses must be submitted via the required expense form and approved by the employee's
supervisor prior to submission for reimbursement. The employee must secure approval in advance
of incurring the expense. Unreasonable or excessive expenses will not be reimbursed. Any
questions should be directed to the employee's supervisor„
Attendancey & Punctuali l �,r
Punctuality and regular attendance are important to the smooth operation of Richard Drake
Construction Company, LP. If you are consistently late or excessively absent, Richard Drake
Construction Company, LP's ability to perform work is affected and an unfair burden is placed on
your co-workers. Therefore, unless your absence is permitted or excused under Richard Drake
Construction Company, LP's holiday, vacation, sick or other policies, you are responsible for being
at work and arriving on time. If you are going to be absent or late, it is your responsibility to Cali your
supervisor as soon as possible, preferably in advance of lateness and no later than one hour after
the start of the workday. If you are absent for several days, you must notify your supervisor each
day.
An employee who is absent for reasons other than those permitted or excused by Richard Drake
Construction Company, LP's holiday, vacation, or leave policies, or who fails to provide notice as
required, will be subject to appropriate disciplinary action, up to and including termination.
Avallability for Work
Employees must be available for work during normal business hours. If, for any reason, there is a
change in your work availability status, you must notify your supervisor at least one week prior to the
change.
Mandator Meetlnc; s
Employees may be required to attend mandatory meetings.
Hoiidays
Holidays for eligible employees are at the Company's discretion, but will generally include the
following:
New Year's Day
+ Memorial Day
ti Independence Day
m Labor Day
Thanksgiving Day
Friday following Thanksgiving (unpaid)
• Christmas Eve (unpaid)
• Christmas Day
Note: Richard Drake Construction Company, LP will make reasonable efforts to accommodate
holidays pertaining to an employee's established beliefs that are not -included in the above list.
Employees should speak with their supervisors to obtain approval for taking time off to observe such
holidays.
10
DMs and Alcohol
Richard Drake Construction Company, LP will not tolerate the use or possession of alcohol or illegal
drugs on the job or on company property. Employees using or possessing alcohol or illegal drugs on
company property or while at work or who report to work under the influence of alcohol or illegal
drugs will be subject to disciplinary action, up to and including termination_
The Company has Instituted a drug testing policy for all of its employees. All employees must pass
a substance screening, paid for by the company, prior to beginning employment. During
employment with the Company, all employees will be subject to random substance screening. Also,
from time to time a client of the Company may require that employees assigned to work for the client
be subject to testing prior to or during the employee's attendance at the client's place of business.
An employee whose substance screening test result is returned to the Company showing evidence
of illegal drug use, or who refuses to submit to substance screening when asked or who tampers
with the collection a of test sample, will be subject to disciplinary action, up to and including
termination. If an employee's substance screening is returned showing a positive result, the
employee may request that the same sample be retested at the employee's expense. Testing on a
new sample will not be available.
Violence & Wear�ons
Richard Drake Construction Company, LP takes threats of violence extremely seriously. Any act or
threat of violence by or against any employee, customer, supplier, partner or visitor is strictly
prohibited. This policy applies to all company employees, whether on or off company property.
Any use or possession of weapons, whether illegal or not, is prohibited on company property, or
while on company business. This includes knives, guns, martial arts weapons, or any other object
that is used as a weapon. Any employee caught possessing a weapon will be disciplined, up to and
including termination.
Jobsite Safety Rules SAFETY DIRECTOR — PAUL DRAKE — CONTACT # (903) 732 -4781 -
The following safety rules must be observed at all times:
Compressed air is on the job -site for air -powered tools and other specialized tasks. It is
not to be used for cleaning personnel. Improper use can cause damage to skin and
eyes.
• The maximum speed limit while on jobsite is 15 mph.
If you are required to create a potentially unsafe area such as an excavation, always
post barricade warning signals.
Do not attempt to operate, work on or manipulate any type of equipment without being
property trained.
Passengers will not be carried on vehicles unless specific seating areas are a part of the
equipment.
s No employee should participate in horseplay on the job.
11
• Do not attempt to repair any piece of electrical equipment until the power source has
been disconnected and lockout and tag out procedures have been implemented.
• Do not disable any safety device on equipment or tools.
• Be especially alert when walking near of moving equipment
• Always use seat belts in vehicles and on equipment.'
• Rings, watches and other jewelry are not to be wom on jobsites.
• The Company will not tolerate sexual harassment of any person on Company property
or jobsite.
Visitors
Only customers and authorized visitors are permitted at Richard Drake Construction Company, LP's
offices. This includes unauthorized sales persons, or those collecting for charitable causes. This is
to prevent injury to visitors and to protect the company from theft or frivolous lawsuits. Visits from
friends and family should be kept to a minimum. Employees are responsible for the conduct of their
guests.
Any employee who notices an unauthorized visitor should notify his/her supervisor immediately.
Work glace Nfil re
Richard Drake Construction Company, LP has a casual dress environment, However, employees
are expected to use good judgment and taste and to show courtesy to their co-workers and
associates by dressing in a fashion that is presentable and appropriate, Uniforms will be provided at
the employee's expense after the employee's probation period. Uniforms kept but not used will be
charged to the employee. Employees, whether choosing to wear uniforms or not, will be required to
wear the following at all times while on jobsites:
• Hardhats
• Safety eye protection
• Leather, steel -toe safety boots
• Long trousers
• Shirts with minimum 4" sleeves
• Plastic or rubber coated gloves when handling chemicals, solvents or masonry products
• Leather gloves when handling rough or sharp -edged materials
• Hearing protection if the possibility of excessive noise is present
Telephone Use
Telephones are provided to enable employees to carry out work assignments in an efficient manner.
Personal telephone calls should be kept to a minimum and personal toll calls should not be made at
Richard Drake Construction Company, LP's expense.
Voice Mail and ElectronicMail
All electronic and telephone communication systems and all communications and information
transmitted by, received from, or stored in these systems are the property of Richard Drake
Construction Company, LP and as such are intended for job-related purposes. Personal use should
be kept to a minimum. Electronic or telephone communication systems may not be used to transmit
messages that may be considered inappropriate under Richard Drake Construction Company, LP's
12
policies, including those prohibiting harassment. Employees are not permitted to use a code, access
a file, or retrieve any stored communication unless authorized to do so or unless they have received
prior clearance from an authorized company representative. All pass codes are the property of
Richard Drake Construction Company, LP and may be used by Richard Drake Construction
Company, LP to access electronic and telephone communications at any time. Richard Drake
Construction Company, LP reserves the right to monitor any electronic, telephone, or other
communications made using Richard Drake Construction Company, LP systems or property.
Postage, shipping and office supplies paid for by the company are for business purposes and are
not to be used for an employee's personal purposes.
Personal Propert
Richard Drake Construction Company, LP does not assume responsibility for any personal property
located on its premises. Employees are to use their own discretion when choosing to bring personal
property into the office and do so at their own risk. Additionally, employees may not bring or display
in the office any property that may be viewed as inappropriate or offensive to others.
Personal Safety
The safety of each employee's health and security is very important to Richard Drake Construction
Company, LP. Richard Drake Construction Company, LP is willing to make reasonable efforts to
address an employee's safety concerns. Employees should remember to use caution and good
Judgment in all activities and should notify their supervisors if they believe there- is a safety issue that
should be addressed.
Office Security
Shortly after an employee's start date, he/she may be given a key to gain access to the offices. The
last employee to leave the office at night is responsible for making certain that all doors and
windows are locked.
Monitorinc & Searches
All company property is subject to monitoring and review at all times, This includes, but is not
limited to, desks, lockers, company vehicles, computers and email files. Reasons for searches and
reviews include, but are not limited -to, personal abuse of company property, theft investigation and
improper disclosure of confidential information.
Richard Drake Construction Company, LP retains the right to conduct searches at any time. This
includes the right to search individual computers or files, even if protected by a password. Any
employee who attempts to obtain or alter a password for the purpose of accessing restricted files will
be subject to disciplinary action, up to and including termination.
Confidential Information
Richard Drake Construction Company, LP requires that employees do not disclose information held
to be confidential by Richard Drake Construction Company, LP and also requires new employees to
sign a non -disclosure agreement. Any questions about this policy should be addressed to a
member of management.
Conflicts of Interest
Richard Drake Construction Company, LP requires that employees not compromise the company.
Its customers, partners or suppliers for personal gain. Examples of conflict of interest include, but
are not limited to, accepting gifts worth more than $25, requesting or granting favors, or conducting
business for personal gain. Employees are required to disclose all conflicts of interest to a
supervisor. Failure to do may result in disciplinary action, up to and including termination.
Non -Solicitation
During the period of your employment and for a period of twelve (12) months after the termination of
your employment with Richard Drake Construction Company, LP, you shall not, directly or indirectly,
(i) solicit for employment or employ any person who was employed by Richard Drake Construction
Company, LP during your employment with Richard Drake Construction Company, LP; or (Il) call on,
solicit or take away for yourself or for any other person or entity any person or entity Who or which
was a customer of Richard Drake Construction Company, LP during your employment with Richard
Drake Construction Company, LP,
Comaetlr,g Rm.Jovment
Due to the highly competitive nature of the industry in which Richard Drake Construction Company,
LP is involved, employees are restricted from certain associations or working arrangements with
competing or conflicting organizations. Subject to Richard Drake Construction Company, LP's prior
approval, you may work for other businesses during the course of your employment with Richard
Drake Construction Company, LP; provided, however, you may not accept of perform work of a
nature that conflicts or competes in any way with the business or services of Richard Drake
Construction Company, LP.
Leave Palicles
General Policies
Richard Drake Construction Company, LP provides Eligible Employees with leaves for a variety of
reasons. The following discussion summarizes Richard Drake Construction Company, LP's leave
policies in a way that Richard Drake Construction Company, LP hopes will be generally helpful.
14
'Richard Drake Construction Company, LP abides by the provisions of the Family and Medical Leave
Act, as appropriate. An overview of the Act is set out in Exhibit C in the Appendices.
As with all policies, Richard Drake Construction Company, LP reserves the right to revise or rescind
these policies at its discretion, subject to legal requirements. This statement of leave policies is not
intended to create a contract between Richard Drake Construction Company, LP and its employees.
To apply for leave, or to inquire into what leave may be available, an employee should contact a
member of management. An employee applying for leave will be asked to state why he/she wants
the leave, when he/she wants the leave to begin and when he/she wants the leave to end. A
member of management will inform the employee what type and duration of leave, if any, has been
approved and will also tell the employee which requirements, such as certification of a health
condition, the employee must fulfill to return to work.
All leaves are granted for a specific period of time. An employee who foresees being unable or
unwilling to return to work at the end of the leave period should apply for any other leave for which
the employee is eligible, including an extension of the current leave. Richard Drake Construction
Company, LP reserves the right to terminate the employment of an employee who does not return to
work at the end of the approved leave period.
Sick Leave
The following guidelines are to be followed when you must be absent from work due to illness:
a) If you do not report to work, you must phone your supervisor or have someone call for you as
early as possible, preferably before your scheduled work start time_
b) if you must leave your worksite before closing thea because of illness, inform your supervisor.
c) if you foresee the need to take sick leave (e.g., for non -emergency surgery or for a doctor's
appointment), tell your supervisor as soon as possible.
d) Disabilities related to pregnancy or birth of a child will be treated as all other disabilities for
purposes of Richard Drake Construction Company, LP's leave policies.
e) If you are absent because of sickness or disability, Richard Drake Construction Company, LP
may require that a doctor of Richard Drake Construction Company, LP's choice examine you.
You may use the leave to care for your sick or injured children on the same terms that apply to use
for your own illnesses or injuries.
Short -Term Disab iity Leave (includin Mate Tnl/ Leave)
Unpaid short-term disability leave is available for an absence due to an employee's illness or
disability, including pregnancy -related disability, which extends for six or more consecutive
scheduled working days. '
In
If requested to do so my the company's management, an employee seeking a short-term disability
leave must submit a statement from a doctor demonstrating that he or she is unable due to illness or
injury to perform the job and stating the expected duration of the inability to work. If the medical
information submitted is not, in the discretion of Richard Drake Construction Company, LP, sufficient
to establish inability to work, the employee may be required to submit to an examination by a doctor
selected and paid by Richard Drake Construction Company, LP.
Family and Medical Leave
Employees may take unpaid leave per the terms of the Family and Medical Leave Act of 1993.
Employees should also be aware that pregnancy is considered a disability and may be eligible for
disability benefits under mandatory disability benefits laws of certain states.
Persona[ LeaveofAbsence
Requests for personal leave without pay, submitted prior to the absence, are considered Individually
and granted at the discretion of management. The reason for the request, the employee's length of
service, the employee's work record and the demands of the individual's job are examples of the
type of factors typically considered in evaluating a request for personal leave of absence. A request
for personal leave of absence will be granted only if the employee is not eligible for any other type of
leave. An employee may not be on personal leave of absence for more than 2 months in a calendar
year.
Jury Duty
Employees summoned for jury duty will be allowed the necessary time off from work without pay to
perform this civic responsibility. Employees must give Richard Crake Construction Company, LP
advance notice to attend jury duty. All employees will be expected to report to work during all
regular hours if their presence is not required in a jury room or court. Richard Drake Construction
Company, LP may require the employee to supply documentation from the court affirming the
employee's jury duty service.
Military Duty
Employees will be permitted necessary time off from work in order to attend an annual encampment
in a recognized reserve branch of the armed forces of the United States. Leaves for military service
and reinstatement after performing military service will be provided in accordance with the
requirements of law.
Funeral Leave
When a death occurs in an employee's immediate family, an employee may take necessary time in
order to attend the funeral or make funeral arrangements if prior notice is given to the employee's
supervisor.
Forced Closings and Severe Weather
16
Unless notified by your supervisor, you are to report to work on all regularly scheduled days,
regardless of weather conditions. If you are unable to report to work due to weather conditions, you
must notify your supervisor as soon as possible.
In the event that the company closes due to severe weather conditions or another reason, you will
not be required to report to work.
Em:2!9yee Benefits
The following is a list of benefits that Richard Drake Construction Company, LP makes available to
eligible employees. The descriptions in this handbook are a summary only. The separate plan
documents explain each benefit in more detail and the language of the plans' documents controls
the various pians. Benefits may be modified, added or terminated at any time by the insurance
company or benefit provider, per the terms of the plan, or by Richard Drake Construction Company,
LP, at its discretion.
Benefits Eligi1.bility
Full-time employees who have successfully completed the evaluation period are eligible for the
benefits outlined below. Part-time employees (regularly scheduled for less than 35 hours per week)
are not eligible for these benefits.
Breaks in Service
Unless prohibited by F.M,LA or other applicable employment regulation, any absence from the job,
other than a pre -approved short-term leave of absence, for a period of 30 days or more will be
considered a break in service. Following a break in service, an employee will be considered a new
applicant for purposes of job placement, benefits accrual, drug testing, etc. To clarify, if an
employee is absent from the job for 30 days or longer, he or she will "start over" as a new employee,
will be required to go through the hiring process, including pre-employment substance screening,
and will be subject to the various benefits' elimination periods.
Vacations
Vacation time is offered to full-time, eligible, hourly employees at the rate of 40 hours per year
beginning in the second year of employment. Vacation hours will accrue at the rate of 0.77 hours
per week worked.
Vacations are earned from hire date anniversary to anniversary. Vacation time must be scheduled
and approved in advance by your supervisor. Richard Drake Construction Company, LP will not
carryover any unused vacation time from one year to the next, unless required to do so by law. If
approved by the employee's supervisor, the Company will pay accrued vacation wages in lieu of
vacation time off.
IN
All requests for vacation time off or vacation pay must be submitted in writing and approved by the
employee's supervisor. Contact the payroll department for a vacation request form.
An authorized company holiday that falls on a normal business day during your vacation is not
counted as a vacation day.
When given advance notice, Richard Drake Construction Company, LP will consider requests for
additional time without pay, If you have a special type of vacation in mind, talk to your supervisor to
see if a solution can be reached.
Medical insurance
Medical insurance is available for eligible employees and their qualified dependents starting the first
of the month after the end of the employee's 90 day evaluation period. Refer to the plan summary
for details regarding coverage, eligibility, waiting periods and cost.
401K
Eligible employees will be given the option to enroll in the Richard Drake Construction Company, LP
401K program at the end of six months time in service. The Company may, at its discrettion, in
whole or in part match employees' contributions into the plan, The Company's decision regarding
any match will be announced at the beginning of each calendar year..
Worker's wCornr, ensatlon
Richard Brake Construction Company, LP requires that all employees report job-related accidents or
injuries to a supervisor immediately, whether the accident occurred on or off company premises.
Failure to report an injury, regardless of how minor, could result in disciplinary action up to
termination.
All workers' compensation claims will be paid directly to employees or medical providers, and
employees are expected to return to work immediately upon release by their doctor,
COPRA
The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified
beneficiaries the opportunity to continue health coverage under the company's health plan, should
the employee lose his or her eligibility (e.g., upon termination or reduction in hours). Under COBRA,
the employee pays the full cost of coverage at the company's group rate, plus an administrative fee.
Details of COBRA coverage and how to apply for it will be provided by the payroll department or the
Company's agents at the time eligibility is last.
atscil,�ltna Policies
Problem Resolution
19
Richard Drake Construction Company, LP seeks to deal openly and directly with its employees and
believes that communication between employees and management is critical to solving problems.
Co-workers who may have a problem with one another should attempt to resolve the problem
themselves. If a resolution cannot be agreed upon, both employees should approach their
supervisor(s), who will work with the employees to determine a resolution. In these instances, the
decision of the supervisor is final.
Employees who have a problem with a supervisor should first go to the supervisor and state- the
problem. If a resolution cannot be agreed upon, the employee should present his or her problem, in
writing, to Company management. The decision of the management will be final.
Disci; ripe
Richard Drake Construction Company, LPs policy is to attempt to deal constructively with employee
performance problems and employee errors. The disciplinary process will be determined by Richard
Drake Construction Company, LP in Eight of the facts and circumstances of each case. Depending
upon the facts and circumstances, the discipline applied may include, among other things, oral or
written warnings, probation, suspension without pay, or immediate termination. Each situation will be
considered in light of a variety of factors Including, but not limited to, the seriousness of the situation,
the employee's past conduct and length of service, and the nature of the employee's previous
performance or incidents involving the employee. Details of this process are outlined further in the
Corrective Action section below.
Corrective Action
Corrective Action is taken against an employee in response to a rule infraction or a violation of
company policies. Corrective action will continue until the violation or infraction is corrected.
Corrective Action usually begins with a verbal warning, followed by a written warning that is placed
in the employee's personnel folder. if more serious corrective action is required, the employee may
be put on probation, or have his or her employment terminated.
Richard Drake Construction Company, LP considers some violations as grounds for immediate
dismissal, including, but not limited to:
a. Use of drugs or alcohol on jobsite, Company property, or in company vehicles.
b. Fighting or provoking a fight
c. Unauthorized removal of Company property from any jobsite, vehicle or office
d. Reckless or careless use or operation of tools, vehicles, machinery or equipment
e. The willful destruction of property
f. Disregard of safety rules
g. Carrying firearms or other weapons on Company property or jobsite
h. Insubordinate behavior
1. Breach of confidentiality
j. Untruthfulness about personal background
k. Threats of violence
IN
Employees charged with some infraction and subject to corrective action may appeal that corrective
action. An appeal must be submitted in writing to the Company President or Vice President. If, after
reviewing the corrective action, the President or Vice President determines that the supervisor
followed procedures accordingly, the corrective action will stand. If the supervisor has failed to
follow company'poiicy, the action may be reversed. The decision of the President or Vice President
is final.
Separaflan Policies
Job Abandonment
The policy of Richard Drake Construction Company, LP concerning attendance on the job is: No
Call, No Show, No Job. Employees who are absent for one day or more without notifying a direct
supervisor are considered to have voluntarily abandoned their employment with the company. The
effective date of termination will be the last day the employee reported for work. If an employee
abandons a job, he or she will not be entitled to accrued vacation pay, unless required by law.
Temnination
Richard Drake Construction Company, LP does not have tenure or guaranteed employment. You or
Richard Drake Construction Company, LP may terminate your employment at any time for any
reason.
Termination may result from any of, but is not limited to, the following: (I) Corrective action
measures, which include infractions for violation of company policies, (ii) layoffs, which include the
elimination of an employee's job function or headcount reduction due to redundancy or cost
reduction and (iii) involuntary dismissal, which may include poor performance reviews or failure to
demonstrate an acceptable attitude in the workplace.
Termination_ Process
Richard Drake Construction Company, LP requires that employees return all documents, files,
computer equipment, uniforms, company tools, business credit cards, keys and other company
owned property on or before the last day of work. When ail company owned property has been
collected, the employee will receive his or herfinal paycheck.
Employees leaving the company will have the option of having an exit interview with the Company
management.
Em dovment References
Due to confidentiality considerations, Richard Drake Construction Company, LP does not provide
employment references for former employees, unless required by law. The Payroll Department will
provide dates of employment, positions held and eligibility for rehire only.
20
Appendix
EXHIBIT A
Overview of the Family and Medical Leave Act
The U.S. Department of Labor's Employment Standards Administration, Wage and Hour Division,
administers and enforces the Family and Medical Leave Act (FMLA) for all private, state and local
government employees and some federal employees. Most Federal and certain congressional
employees are also covered by the law and are subject to the jurisdiction of the U.S. Office of
Personnel Management or the Congress.
FMLA became effective on August 5, 1993, for most employers. If a collective bargaining agreement
(CBA) was in effect on that date, FMLA became effective on the expiration date of the CBA or
February 5, 1994, whichever was earlier. FMLA entities eligible employees to take up to 12 weeks of
unpaid, job -protected leave in a 12 -month period for specified family and medical reasons. The
employer may elect to use the calendar year, a fixed 12 -month leave or fiscal year, or a 12 -month
period prior to or after the commencement of leave as the 12 -month period.
The law contains provisions on employer coverage; employee eligibility for the law's benefits;
entitlement to leave, maintenance of health benefits during leave, and job restoration after leave;
notice and certification of the need for FMLA leave; and protection for employees who request or
take FMLA leave. The law also requires employers to keep certain records.
EMPLOYER COVERAGE
FMLA applies to all:
• Public agencies, including state, local and federal employers, local education agencies
(schools) and
o Private -sector employers who employed 50 or more employees in 25 or more workweeks in
the current or preceding calendar year and who are engaged in commerce or in any industry
or activity affecting commerce including joint employers and successors of covered
employers.
EMPLOYEE ELIGIBILITY
To be eligible for FMLA benefits, an employee must:
• Work for a covered employer;
• Have worked for the employer for a total of 12 months;
• Have worked at least 1,250 hours over the previous 12 months; and
• Work at a location in the United States or in any territory or possession of the United States
where at least 50 employees are employed by the employer within 75 miles.
LEAVE ENTITLEMENT
21
A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave
during any 12 -month period for one or more of the following reasons:
+ For the birth and care of the newborn child of the employee;
e For placement with the employee of a son or daughter for adoption or foster care;
• To care for an immediate family member (spouse, child, or parent) with a serious health
condition; or
• To take medical leave when the employee is unable to work because of a serious health
condition.
Spouses employed by the same employer are jointly entitled to a combined total of 12 work -weeks
of family leave for the birth and care of the newborn child, for placement of a child for adoption or
foster care and to care for a parent who has a serious health condition. Leave for birth and care, or
placement for adoption or foster care must conclude within 12 months of the birth or placement.
Under some circumstances, employees may take FMLA leave intermittently — which means taking
leave in blocks of time, or by reducing their normal weekly or daily work schedule.
If FMLA leave is for birth and care or placement for adoption or foster care, use of intermittent leave
is subject to the employer's approval. MLA leave may be taken intermittently whenever medically
necessary to care for a seriously ill family member, or because the employee is seriously ill and
unable to work.
Also, subject to certain conditions, employees or employers may choose to use accrued paid leave
(such as sick or vacation leave) to cover some or all of the FMLA leave. The employer is responsible
for designating If an employee's use of paid leave counts as FMLA leave, based on information from
the employee. "Serious health condition" means an illness, injury, impairment, or physical or
mental condition that involves either:
1. Any period of incapacity or treatment connected with inpatient care (i.e., an ovemight stay) in a
hospital, hospice, or residential medical -care facility and any period of incapacity or subsequent
treatment in connection with such inpatient care; or
2. Continuing treatment by a health care provider which includes any period of incapacity (i.e.,
inability to work, attend school or perform other regular daily activities) due to:
2.01 A health condition (including treatment therefore, or recovery therefrom) lasting more than
three consecutive days and any subsequent treatment or period of incapacity relating to the
same condition, that also includes:
! Treatment two or more times by or under the supervision of a health care provider; or
g One treatment by a health care provider with a continuing regimen of treatment; or
Pregnancy or prenatal care. A visit to the health care provider is not necessary for each
absence; or
A chronic serious health condition, which continues over an extended period of time,
requires periodic visits to a health care provider and may involve occasional episodes of
incapacity (e.g., asthma, diabetes). A visit to a health care provider is not necessary for
each absence; or
W
A permanent or long-term condition for which treatment may not be effective (e.g.,
Alzheimer's, a severe stroke, terminal cancer). 'Only supervision by a health care
provider is required, rather than active. treatment; or
Any absences to receive multiple treatments for restorative surgery or for a condition
which would likely result in a period of incapacity of more than three days if not treated
(e.g., chemotherapy or radiation treatments for cancer).
"Health cage provider" means:
1. ❑actors of medicine or osteopathy authorized to practice medicine or surgery by the state in
which the doctors practice; or
2. Podiatrists, dentists, clinical psychologists, optometrists and chiropractors (limited to manual
manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized
to practice and performing within the scope of their practice, under state law; or
S. Nurse practitioners, nurse -midwives and clinical social workers authorized to practice and
performing within the scope of their practice, as defined under state law; or
4. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston,
Massachusetts; or
5. Any health care provider recognized by the employer or the employer's group health plan
benefits manager.
MAINTENANCE OF HEALTH BENEFITS
A covered employer is required to maintain group health insurance coverage for an employee on
FMLA leave whenever such insurance was provided before the leave was taken and on the same
terms as if the employee had continued to work. If applicable, arrangements will need to be made for
employees to pay their share of health insurance premiums while on leave.
In some instances, the employer may recover premiums it has paid to maintain health coverage for
an employee who fails to return to work from FMLA leave.
JOB RESTORATION
Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an
equivalent job with equivalent pay, benefits and other terms and conditions of employment.
In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit
that the employee earned or was entitled to before using FMLA leave, nor be counted against the
employee under a "no fault" attendance policy.
Under specified and limited circumstances where restoration to employment will cause substantial
and grievous economic injury to its operations, an employer may refuse to reinstate certain highly -
paid "key" employees after using FMLA leave during which health coverage was maintained. In
a,
orderto do so, the employer must:
• Notify the employee of his/her status as a "key" employee in response to the employee's
notice of intent to take FMLA leave;
• Notify the employee as soon as the employer decides it will deny job restoration and
explain the reasons for this decision;
• Offer the employee a reasonable opportunity to return to work from FMLA leave after
giving this notice; and
d Make a final determination as to whether reinstatement will be denied at the end of the
leave period if the employee then requests restoration.
A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of
employees within 75 miles of the work site.
NOTICE ANCERTIFICATION
Employees seeking to use FMLA leave are required to provide 30 -day advance notice of the need to
take FMLA leave when the need is foreseeable and such notice is practicable. Employers may also
require employees to provide:
Medical certification supporting the need for leave due to a serious health condition affecting
the employee or an immediate family member;
Second or third medical opinions (at the employer's expense) and periodic recertification;
and
Periodic reports during FMLA leave regarding the employee's status and intent to return to
work.
When intermittent leave is needed to care for an immediate family member or the employee's own
illness and is for planned medical treatment, the employee must try to schedule treatment so as not
to unduly disrupt the employers operation.
Covered employers must inform employees of their rights and responsibilities under FNILA, including
giving speck written information on what is required of the employee and what might happen in
certain circumstances, such as if the employee fails to return to work after FMLA leave.
UNwL.AWFUL ACTS
It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by
FMLA. It is also unlawful for an employer to terminate or discriminate against any individual for
opposing any practice, or because of involvement in any proceeding, related to FMLA.
ENFORCEMENT
The Wage and Hour Division investigates complaints. If violations cannot be satisfactorily resolved,
the U.S_ Department of Labor may bring action in court to compel compliance. Individuals may also
bring a private civil action against an employer for violations.
24
Special rules apply to employees of local education agencies. Generally, these rules provide for
FMLA leave to be taken in blocks of time when intermittent leave is needed or the leave is required
nearthe end of a school term.
Salaried executive, administrative and professional employees of covered employers who meet the
Fair Labor Standards Act (FLSA) criteria for exemption from minimum wage and overtime under
Regulations, 29 GFR Part 541, do not lose their FLSA exempt status by using any unpaid FMLA
leave. This special exception to the "salary basis" requirements for FLSXs exemption extends only
to "ellgible° employees' use of leave required by FMLA.
The FMLA does not affect any other federal or state law, which prohibits discrimination, nor
supersede any state or local law which provides greater family or medical leave protection. Nor does
it affect an employer's obligation to provide greater leave rights under a collective bargaining
agreement or employment benefit plan. The FMLA also encourages employers to provide more
generous leave rights.
Overview of 1:.-aderal Equal Opportunity Laws, including theArnericans wiesith is Act,
the 1F_:quaJ,F1ay,Act, the Age Discriffmat
illion in Employment Act
lrhe EEOC erTforces the Molixing Naves:
MN Title, Vil of the Civil Rights Act of �1964 fritle V11) prohibits i ace, calor, reiligion, sex an(,J,
nat
i origin djscflrdnabair�. Tilfie V11 apl,:)fies to ernployers with fifteeri (15) or n"iore
employees. ment Art of 1967 (ADEA) - prohibits age discdrnination
Age DiscrImination in Employ'
against individuWs who are forty (40) years of age or oWer.,rhe ADE. -A, applies to ernplayers..
with Wienty (20) or mare ernp�oyees, of' 1990 (ADA) �- pr6il'idbits employmient
Tifle I of the Aineiii witth 13111saliffitles Act
discrimination against qualffied iridividti6ls with dsabHU'le-& The ADA applies to etnployers
witi-ififte,.en (15) or moire en1ployees.
Equal Pay Act of 1963 (EPA), - p�ii; wage. discrimiriation beNfeen men and womairi lrl
,swbstanflally eqtml jobs withiln the serne enstabilishment, The E_,PA. appHes to mos,t eirnplayers
mAth one or moireempoy�--s.
I mi crigin,
Thiesa laws prohlb' eirnp�oyment dlischnafior� based on e, color, sex, religion, nafiai
it
age., disability and prahibit retallabon for ol]posing job discrirnilriation, flhng a charge, or participafing
in Iproceeding!:.; undarthOsia laws,.
A business, is iid by tine EEOC iaws if:
* Afl ernpNoyees, includirig part--firne aind,ternporairy workeirs, are cnte. d for I:::iurposes of
deteiii; whetl mr an ern,pioyer has a suffic�eiii numbeii of eniployees.
A An emp�ioyee Is sorneone with whom ttie employer has an employrnent relationship, "T tie
existence of an p.mployment r6laflonsftlp is irnc.-.)s,t easfly shown by a person's appearance on
the arnployer's payroill, but this alone does not necessaiii answi�.)r the question, Determining
whatl neir an erripoy(--.-.�r has enoLigt, empioyees to be covqred 'by these laws is, Ultimately, a
Negal quesfion.
Independent contractors are 11 --lot T.:,nunted as ornYees. Determining wt-iether an �ndhfldual is, uinder
the law, an ft,i:Jependent contractor, also is a �egal qUesflon thiat'rinay not be as easy to answc:,r as
you might,fl-iink, For r� vc,, infan-Timbon On tmw ta determine mitiether a person is airi "o. rnp�oype" Orr an
"independent cor"ItiraCtoe", mei s1t . jig p Z,p I . . ...... . ....... 21"....-1 _ . . ....... . - -------- hold . . . . ...........
f ft pew Compliance M al on "Threshold Issues
if you are unsure Whetheir a business or in6vidual Ns covered, you may wilish to cons,silt with an
attorney.
Fhe fll' icin11119 may file a charqe of discrimination with thirs, EEOC:
yone who beflii,-.ves fl zt I i'ls or her employment rights have been violated because of race,
color, sex, r6igbri, natilional orlgnn, aqe, disability or because. of retaflation may file a rharge
of ftcrimination with BE -`0C. By EEOC 1--nust accept the ifffini 1 of a chair 0.
�A 9
Ilan rnost geographic areas, a charge rnust be filed v1th EEC�t�r.lfir�r
Wil 30days frorri thei�Rte of thllgd &dirn4--iatlon. In a vry sm,all number of areas Wil�%ea 9ae oJocai employment
dlscrim�inaboom IIRw does not apply, aI qm urg i-nust be filed within '180 days.
26
EXHIBIT C
Overview of The Immigration Reform and Control Act
The Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful for an employer to hire
any person who is not legally authorized to work in the United States and it requires employers to
verify the employment eligibility of all new employees.
IRCA also prohibits discrimination in hiring and termination based on national origin (as does Title
V11) and on citizenship status. IRCA's anti -discrimination provisions are intended to prevent
employers from attempting to comply with the Act's work authorization requirements by
discriminating against foreign -looking or foreign -sounding job applicants.
IRCA's anti -discrimination provisions apply to smaller employers than those covered by
EEOC -enforced laws.
• IRCA's national origin discrimination provisions apply to employers with between 4 and 14
employees (who would not be covered by Title Vil).
o IRCA's citizenship discrimination provisions apply to all employers with at least 4 employees.
o IRCA is enforced by the U.S. Department of Justice. For information on IRCA's anti-
discrimination provisions, contact:
United States Department of Justice
Office of Special Counsel for Immigration -Related
Unfair Employment Practices
(800) 255-8155 (employer hotlinelvoice)
(800) 237-2515 (TDD)
M
EXHIBIT D
Acknowledgement of Receipt & Understanding
I hereby certify that I have read and fully understand the contents of this Employee Handbook. I
also acknowledge that I have been given the opportunity to discuss any policies contained in this
handbook with a company official. I agree to abide by the policies set forth in this handbook and
understand that compliance with Richard Drake Construction Company, LP's rules and regulations
is necessary for continued employment. My signature below certifies my knowledge, acceptance
and adherence to the company's policies, rules and regulations.
I acknowledge that the company reserves the right to modify or amend its policies at any time,
without prior notice. These policies do not create any promises or contractual obligations between
this company and Its employees.
Signature
Date