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2022-031 - Approving the Bid and Awarding the Contract in the amount of $265,372.50 for Concrete Demolition and Construction in the City of Paris to Richard Drake Construction, LPRESOLUTION NO. ?n99 - n3 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE BID AND AWARDING THE CONTRACT FOR CONCRETE DEMOLITION AND CONSTRUCTION IN THE CITY OF PARIS TO RICHARD DRAKE CONSTRUCTION, LP, THE LOWEST RESPONSIBLE BIDDER; APPROVING SAID CONTRACT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore advertise for bids for furnishing plant, labor, materials, and equipment, and for performing all work required for concrete demolition and construction in the city, which bids were received until 3:00 o'clock P.M., Tuesday, April 19,2022; and, WHEREAS, the lowest responsible bidder for said concrete demolition and construction was Richard Drake Construction, LP., 6290 Highway 271 North, Powderly, Texas 75473, whose bid in the amount of TWO HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED SEVENTY-TWO DOLLARS AND 50/100 ($265,372.50) represents the lowest responsible bid; and WHEREAS, in accordance with the foregoing, said bid should be accepted, and the contract therefor should be awarded to Richard Drake Construction, LP in accordance with the unit prices bid and the other terms and conditions set out in the bid documents attached as Exhibit 2 to the Agreement for Concrete Demolition Construction attached and hereto as Exbibjl A and incorporated herein by reference; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That Richard Drake Construction, LP., 6290 Highway 271 North, Powderly, Texas 75473 is the lowest responsible bidder for concrete demolition and construction in the city, and that its bid in the amount of TWO HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED SEVENTY-TWO DOLLARS AND 50/100 ($265,372.50) provides the best value to the city. Section 3. That the City Manager be and he is hereby authorized and directed to execute on behalf of the City of Paris an Agreement for Concrete Demolition and Construction with Richard Drake Construction, LP in the form attached hereto and incorporated herein as Exhiffift A. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 9th day of May, 2022. f Paula Portugal, Mayor,,f,/ ATTEST: Ellis, City Clerk AGREEMENT FOR CONCRETE DEMOLITION AND CONSTRUCTION STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § This Agreement for Concrete Demolition and Construction (the "Contract") for is made and entered by and between Richard Drake Construction, LP, 6290 Highway 271 North, Powderly, Texas 75473, a limited partnership (hereinafter referred to as "Contractor") and the City of Paris, Texas, a home -rule municipal corporation (hereinafter referred to as "City") to be effective from and after the date herein provided. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: I. EFFECTIVE DATE The effective date of this Agreement shall be May 9, 2022. II. CONTRACT DOCUMENTS That the contract documents which are hereby made a part of this Agreement by actual attachment and are incorporated herein by reference hereto are as follows: Exhibit 1 Notice to Bidders and Request for Bids (containing bid specifications) Exhibit 2 Bid Form and Proposal submitted by Contractor III. THE WORK Contractor shall provide all labor, supervision, materials and equipment necessary for concrete demolition and construction in the City of Paris in accordance with the Notice to Bidders and Request for Bids attached hereto as Exhibit 1, together with the Contractor's Bid Form and Proposal attached hereto as Exhibit 2; provided, however, that in the event of a perceived conflict or ambiguity between the Agreement and the contract documents, the provisions of this Agreement, the Notice to Bidders and Bid Specifications, and Contractor's Bid Form and Proposal shall control, in that order. The approximate value of the services to be provided hereunder is TWO HUNDRED THOUSAND THREE HUNDRED SEVENTY-TWO DOLLARS AND 50/100 ($265,372.50). IV. TERM/TIME OF COMPLETION Contractor shall commence work under this Contract within three (3) business days following receipt of a Notice to Proceed or work order from the City. Contractor agrees to complete all work called for under this agreement in a professional and timely fashion and in accordance with the work orders received. V. PAYMENT The City shall pay Contractor in current funds for work completed and accepted by the City in accordance with the terms of this Contract. This is a unit price contract and Contractor shall be entitled to payment for quantities completed and accepted by the City at unit prices submitted by Contractor in Contractor's proposal attached hereto as Exhibit 2. Contractor recognizes that this Agreement shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and the City recognize that the continuation of any contract after the close of any given fiscal year of the City of Paris, which fiscal year ends on September 301h of each year, shall be subject to Paris City Council approval. In the event that the Paris City Council does not approve the appropriation of funds for this Contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. VI. INSURANCE AND INDEMNIFICATION That Contractor must, at all times during the term of this Agreement, keep and maintain in full force and effect a policy or policies of insurance, providing at least $500,000.00 per occurrence and $1,000,000.00 aggregate for bodily injury (including death), and damage or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained as the result of the negligence of Contractor, its agents, servants, or employees, and Contractor shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies licensed to write insurance policies by the State of Texas. The policy or policies shall be written or endorsed to cover the City, its elected officials, officers and employees as additional insured. Contractor or its insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Agreement, and any extensions hereof, and specifically noting thereon that the City, its elected officials, officers and employees are covered as an additional insured. All such policies shall be written so that the City will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the City at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. The Contractor and its sureties shall defend, indemnify, and hold the City, its elected officials, officers and employees harmless from all suits, actions or claims of any 2 character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act or intentional wrongful act or omission of the Contractor, his agents, employees or subcontractors in the performance of said contract; or on account of the failure of the Contractor to provide the necessary barricades, warning lights or signs; and Contractor and its sureties shall be required to pay any judgment, with cost including attorneys' fees, which may be obtained against the City growing out of such injury or damage. The Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless the City from and against any and all injuries, loss or damages to property of the City during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses or invitees of the City. VII. PERFORMANCE AND PAYMENT BONDS With the execution and delivery of the contract, Contractor shall furnish and file with the City in the amounts herein required, performance and payment bonds in accordance with Section 2253 of the Texas Government Code and Article 7.19-1 of the Insurance Code, as amended. The sureties shall be listed in the most current Federal Register Treasury List. The City reserves the right to reject any and all sureties. VIII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. IX. TERMINATION City shall have the right to unilaterally terminate this agreement at any time and for any reason upon thirty (30) days written notice to the Contractor. X. CHOICE OF LAW; VENUE• CONTRACT�LNTERPRETATION The parties agree that the laws of the State of Texas shall apply to this Agreement, and that it is performable in Lamar County, Texas. The parties further agree that exclusive venue shall lie in Lamar County Texas. 3 XI. ENTIRE AGREEMENT,• AMENDMENTS - SUCCESSORS AND ASSIGNS This Construction Agreement, including the contract documents listed in Article II herein, represent the entire and integrated agreement between City and Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Construction Agreement may be amended only by written instrument signed by both City and Contractor. This Construction Agreement is binding upon and shall inure to the benefit of the parties hereto and their respective successors. IN WITNESS WHEREOF, the parties have executed this Construction Agreement upon the year and date indicated below their signatures hereto. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney CITY OF PARIS, TEXAS By: 4 Grayson Path, City Manager Richard Drake Construction, L.P., Contractor Title: ACKNOWLEDGMENTS BEFORE ME, the undersigned authority, on this day personally appeared Grayson Path, City Manager of the City of Paris, Texas, known to me to be the person whose same is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9th day of May, 2022. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared of Richard Drake Construction, LP, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of May, 2022. Notary Public, State of Texas 5 Publish Dates: April 10, 2022 April 17, 2022 NOTICE TO BIDDERS The City of Paris will receive sealed bids at the Office of the City Manager, City of Paris, 135 1 S.E., P.O. Box 9037, Paris, Texas 75461-9037, to furnish and deliver: Concrete Demolition and Construction Instructions to bidder Place completed bid forth in a sealed envelope addressed as shown on bid form. Clearly mark on the outside of the envelope "Sealed Bid Concrete Demolition and Construction" and return to b._ . .. mm...n rvrvn. , .. ......... .... - the Office of the City Manager, City of Paris, 135 1' SE, P. 0. Box 9037, Paris, Texas 75461 no later than 3:00 P.M. on Tuesday, April 19, 2022 at which time all bids will be publicly opened at the City of Paris City Council Chamber, 107 E. Kaufinan St., Paris, Texas, read aloud, tabulated and referred to the City Council for consideration. Multiple bids shall be placed in the same envelope. Bids received after the deadline will be returned to vendor unopened. 154rowcuo-1-I"T - kt I . I 1rowtv May 1, 2022 — April 30, 2023 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 BEDS (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 RFB, 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 nismith@paristexas.gov Submittal Instructions 1. Method of Submittal: Sealed Hardcopy in Envelope No electronic and/or facsimile copies will be accepted. 2. RFB Deadline- Bids ARE DUE NO LATER THAN 3:00pm on April 19, 2022 Bids opening will be at 3:00pm on April 19, 2022 at City Council Chambers 107 E Kaufman 3. If Hand Delivery: Destination: City Manager's Office 135 SE ? Street Paris, TX 75460 Mark Envelope: B. 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 R.FB: Concrete Demolition and Construction 5. Number of Copies: One (1) Original General I g!ion 0 .1- , . 6 1 - . - . - � i..1f �-M 3. All submissions must be received in accordance with the Submittal Instructions listed above. Any submittal 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 Chambers at 3:00 pin, April 19, 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 her 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 can -not 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/lll/Public-Works-Rer,37eation. 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 govermnental 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 riling Process: i. Prior to award by City Council, your firm will be required to log in to the Texas Ethics Commission, lh� aa K � i��:, >.. �wie P:�� g a G; 1��:g� � ;�f.;.„!"fq,,n' rf,�j ..' �,.:..k 9m�°,and fill out 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/tee/1295-Ihfo.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 furnished upon request. Proiect Scove 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. 5 ecifications and Reguirements, 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 Vallev 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 teel: 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. C,pn9,rete Driyewa, '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 Page 3 of 25 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 now 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, 1XIS1lection: The City of Paris Public Works Department will inspect the project site on a daily basis. 1 -- 13. Q4ag"e : 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 Format -- .. .. .... 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 H — Bid Form F. Attachment III — Resolution 2020-052 a- Appendix A— Safety Record Application b. Appendix Safety Record Survey, Projects #1-5 Submittal m Ponents Submittal . ..... . .... I -- A. Cover Letter and Firm Profile: Provide the following information about your firm: • The firm's name, e-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 fm'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 J1 — Bid Form E. Attachment HI — 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: I . 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 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. Lmt—raet 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. J• • $1110fl 11110- M Ofav, . i 11 1 We thank you for your time and interest in preparing a submittal for the City of Paris Concrete Demolition an+1 Construction RFB. SIGNATURE AFTTDAVIT Please include this si;,,,iiaturcaffidayit with ,,,our 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 firm and signature of the person legally authorized to bind the firm to a contract. Firm Signature W Date Page 7 of 25 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 hti//www.ethilcs.sltlate.tx.us/ or at 1-512-463-5800. Nr �- �*Hm ff-"W'03•� Thank you. 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Name al Offic w III as�l'da aaapu amnm la, rrmamul ally, aldam° kvli�ssimress ralalmaasdip ssilll'i, lima local gamma rnmrmamriadlaam"w am a farnily, maemada:m^ of the officer, as described lyd daw~liall°a 176 003(n)(2Xd). iklaam dasam,llaa any laluaild Ilalallamnslllmiip with the luaaud government a'fteill,. damnrdlafa subpaillls A and lli $or each, auad�loadlummiammi or llti rmallaass uelailaa slVdllIx di�asamallmd. dl l:aalu addlllallumai llhadas is lois Frormmm dllk as mmaaassami A, is the IllaCW lk,aversuuuammm olliner or a lagsljy m�rrreormadau sp the aldaau, m�aaaiu�rlumd or ttlka y to m°aaa hre lax* tualtea„ oliher llaara maaaaasIIItrarvairmll, Oamu:.aulnrea„ lmrarmm Hie vendor? 1 you„'m..... RIO :3. N the viamada uil rasaliisiamd iiDr, llittaattd la rawrWve taxable lmnaasmisa aml�lmam Pori illiwealu^ument lhvoraa, firrmm or a1Pin duraicl'aa�a althe Illam Ill daaaolrsrrmsmntt all'liaaau nr a l'a.mMy mmmrwam;llum.m of the aduut u° ddllk the lamarcaia;a iacumurma is nor raamapsad lmmaam Rie paW daaamuru1�1IM1am°mtt�M au°i[ftk"a Yes El No Dosaribe each empladluiromaunl aul 1nlsh'iia!:rS relationship thal ll�lue�nmaurrdar named is Seamiaul°m l rmmairdalniswitVPm a arurpmmailall4 or other lauuslina�se amulli�dwith respect to madla�h il"wa laa�ai daaamamsl�evii wnii'irreir samaies as ani offilceii or dilrii or holds an: cipmership reafama�lsl al aina;*ir�aumai ally maaore.. ❑ Check lOmus, box lill`tthe aamudar Onas oven the local ganrarllnamenttof i� � hr!. .... m �. aaa all a. iaum`uullk rnuaamllmau l vitt da!u admaaa aaa ar mmur,nm°a dada as demammlll. d irul ;sxAlliilmn 176.003(a)(2)031, axall�ilydiiling g0ts ds�sama ed Oma daatman .ttdd didd am i". 1� .......... ,..�.......�......�... ......... _�� m .� ......� �..� ...,..__._.._w_. o. .W............... v��a��ro u aamaua,gi .uiu.mllnn s amlmilb a0us rdm�uauuuomwaamtt�all���rmmlmm}p flmrm'a IFaiimvr Iluuv�a° lkla d by lammisa O.Wi„s ittl o-ilamlausmisumu sauvir.(it lPmar Fswamla,tts.as � � Revised ' �Nd 102D'ml'l Page 9 of 25 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A compkie copy of Chapter l 76 of the Local Governrinent Code rinay kpe fourild at Ix Us/ Docs4ii-WhIii MAI 76JOrn. Fm easy refeirence, Wow are soine of Mhe sections Kedcaul It* foirm, ."BusMess Waflonship" means ac1,)ninpdJoiir belweentwoormor epwdes based oin c,Dri�iiinei,e�a�art��v�tyotonllI & D theparltes. I he term does not 4iolude a conneatton, based on: ,(A) a trans acfloni 1hal ls subject W iii ate gym,. fee uIegiikfion kr a fedwal, state, oir fecaf gieveinn"ientdI enfity or an aglaricy cit a federM, state, ar tarW goverilluniental enflttr; (R) a tisaGI]On conducted at a pose andI to teirns avand!se to the flublic; ct ( a 1XVCf WISID 011l'ten :15M Of gOIDds or servIices fiI a pirnann that ls chailereid by a state or federal agency and Otat lis sul)jiucl to ropAir examinafion IIby, and reportfrig to, If laq agEmcy. Local Govii,arritnent Code �§ 1-j!6. Q�t.3 .................. . 1-11 ---. Aa),�2) C4)_!!flf4,(N: (a) AIlocal,gowpem,iuiriaen�roffi(,en,sll°ianfff,ii:laronflicisflim iostutestafrory,uetilwitliiii,espiectloaveii�'ridon U� *K. (2) 1 hevisralor', (A) has an aInjIlAoyment arntherbusiness relafionsNpwNh the locaf gavernirneritofficer ora UnRy rine mber of throe officier that misii,Rs in the officer, or lamgy nreml!)eR meceiviiii'lg taxakfle inconno, oltherthan tirvestment hwaIne, that exceeds $2,500 duilling the 12-rnonth prigd prece6nq t5e date fltat AI's te olfiq*r bnies aware that (fl a colinrilact belvies'n the kaIt governmeint al enitty aind vendw has „ seem executed; or ffi) 1he loical povefnirnrs,Aa� entily lm considering entering Wo a oontmacl, nm th bm vendor (13) has given 1!0 the k)I�li govelinInelill officer Gra faillitly ineW)eropt gre ofificer one or rnare gifills fhat hwipavii aq intliel2-iiironthperiodperm ,,cewiliiiiigthiedatoq;ll'ie officer becornes efare thau (i) a, contract lmlween the �ocal governmental eii'dityand venidm has bee execruted-, m lip) the focal governmental eratty is considedng entering into a contrast with the vendur, Local Goverrenent 11 11111111--.—'--- . . . .......... (a) AveindoIlssl file acompWated coii,iifiir-totit° ter(astqijeclionrit if theverdin has a busIness i1eladaI witfi[ a WM goverilvinenial entity and: (1) has air em1roymend or Urer business r6afionsHtj kh a IUnnnp government officer of that Illocal ()Isamu Uu,lvipn a tI government officer of that lined goverrimein0f m�inffty, or as family mmnber of the amltlicer, ore ar more gitisikith the am Mimes value, spectlied by Siacfort 176.003(a)(2)(n), exchiding any ,gill desarfbed by Section 176, .OGe3(a®1) � r (3) has a farvifly lehifiandhip wt1h a locaf govIlrinment officer of that lm caf governmentWi entay, not la,teiii, than the seventh bus' nvss day afteii the later ot., this dalIe that the vendm�� (A,) hog�ns ffiscuWoins or negofiatucns to enter into a coniiiact MVI-� the locW: qrvernmentlsl enrt'po (B) W!xrlis to 11're kwdl governmenilaf men fity an appHicaUon, ieqj.,*n%e to a u'equesi for piolrosals ar Inds, ronesporidence, or airmthei writing rekled to a polenfial r JoCal goverrinrental en&y!ol, (2 1he date thie vendop becorrms awate, (A) of aina eiiiiiployrnent aii mall nor kwsiness rolafioinsMp vfRh a local glevenism erit officer, ow a falrlfly MiDrIbOr Of 011ie off bs�rr , , desaflDed 11':ry Subscedoin (a):1 (B) fl,iiat fhe vendirri has, giveini aw or iniore His described by Subsection (a); or (G) of a farI retalfonsfll:p wfttn a focail government officer. ronriprWid,i3d by Tbxas E1110or, Cainmomdun unwellics,63'ale Mus Wofted IM0016 Page, tit of'25 ATTACHMENT II BID FORM CONCRETE DEMOLITION AND CONSTRUCTION MAY 1, 2022 — APRIL 30, 2023 Name of Contractor: Address: Phone Number: 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, 2022 to April 30, 2023. 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, 6" — Estimated Quantity: 4,500 L.F. $ per L.F $ _ per L.F. Removal and Disposal $ Total price B. WPA Style Curb And Gutter To Match Existing Installation — Estimated Quantity: 50 L. $ per L.F. $ per L.F. Removal and Disposal $ Total price C. Driveway Approach Installation — City Residential Standard — Estimated Quantity: 4,000 SX $ per S.F. $_ per S.F. Removal and Disposal $_ Total price D. Sidewalk — City Standard — Estimated Quantity: 2,500 S.F. $ per S.F. $__ per S.F. Removal and Disposal $ Total price E. Valley Gutters — Estimated Quantity: 200 S.F. $ per S.F. $ per S.F. Removal and Disposal $ Total price ATTACIUVIENT III -T 1, W FOR DETERMINING IF A PROSPECTIVE BIDDER IS A RESPONSIBLE BIDDER. WHEREAS, Chapter 252.021, Texas Local Government Code, states that than $50,000.00 from one or more municipal funds, the municipality must--" acomply 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 may 1/.rocure and contract for such services; and WHEREAS, Chapter 2269, Subchapter C, sets forth the competitive bidding .717- Muffnincion, or repair ot a awarding the contract to the lowest responsible bidder; and WHEREAS, Section 2269.055 sets forth criteria that a govemmental entity may int-r-qi&r-A-f A"Trite t AN& walwo 6 1 ta g. .4 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 "963-6w ftlu"T r, a W iq 10 JJLIXIJL-,WlnWIl�.W-IlUiMLWIJVjdkt-ILFLI Chapter; and WHEREAS, the City of Paris will include in the specificatiotis on various bid projects a safety application and safety survey related to the safety record of prospective bidders and will set out the criteria by which the bids, proposals, or quacations will be judged; and WHEREAS, the results of the information received will be used by Staff to r -W 94 1 public works projects as set forth in Chapter 2269; 99-MEMM NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: SECTION I. 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 regarding Contracting and Delivery Procedures for Construction Projects, Including Bid, Proposal, and Qualifications Specification Criteria which includes factors that may be used in determining whether a prospective bidder is a responsible bidder on the basis of safety and ether relevant information. 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 Specification Criteria will be provided to all prospective bidders as part of the contractors bid specifications packet. SECTION 5. This Resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ON THE 14TH DAY OF DECEMBER, 2020. Ellis, City Clerk f&PROVED AS TO FORM: )Stenp�anie H. Harris, City Attorney , ......... s Cliffor�. i.D�'����i� Stevek, ., Mayor Page 14 of 25 VfWXVIA -�-KRJW-WX� Y ii -K ltlk;�f CONSTRUCTION PROJECTS Purpose of Policy-. The purpose of this policy is to Implement Chapter 2269 of the Texas Government Code, 'Contracting and Delivery Procedures for Construction Projects" for all construction projects Involving expenditures over the amount orsm000.00. �IfFW75T,Tql a on a � in I rk-190 I in TAilTa MOO w*-Lwll A I W111104-u4m4W �#— �Iw J [a) COCO) I 81V NJ I I OKWI03011�� .,All 11L!1WtA1_1k*" I :;ON I I "ALIM 10r, 1 4 (4F9idS1 1171 MIR -t ■ V 11 .. 11h I1 111 methods set forth in said Chapter 2269 as it may from time to time be amendecL Such methods include: Subchapter Q Competitive Bidding Method Subchapter D: Competitive Sealed Proposal Method Subch2pter E.- Construction Manager -Agent Meth Subchapter F: Construction Manager -At -Risk Meth Subchapter G: Building Using Design -Build Method I] Subchapter 1: job order Contracts Method a V7,V re'. J r. N 40744M. 11 =4 I M- I I i M i rlTTW,.q rT,-4, I Co 379 IFVI T -4—V FM NOW. M i F MS, I FT -:5 1 [*1711 hv�ffsliol(:4 Ism W pfatihre olas, pr.?V- I under this policy, including but not limited to using the criteria to determine whether a bidder under Chapter 2269 Subchapter C, "Competitive Bidding Method," is a responsible bidder 1. The price; 2. The offeroes experience and reputation-, 3. The quality of the offeroes goods or services; 4. The Impact on the ability of the governmental entity to comply with rules relating to historicafly underutzed businesses; 5. The offeror's safety record; 6. R: proposed personnel; 7. Whether the offeror 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. 1 1: t 1 1 i f 1 t U40 1 1 1 1 1 P 1 1 II '' 1 •: * 1 Methods other than CompelddveBidding: For aUmethods thanCompetitive set forth Government Code Chapter 69 copy/thisPolicy! the " Record Policy1 '' ►. forbids, proposals, 1'' quaNcations1under this Policy. EXHIBIT 8 CITY OF PARIS 14MINWIQUf IN'TIFUM 'eirt L =t , T-72SOMMY-1 through the administration of a Safety Record Policy, ]DEFINITION T Tif e L; reLl Information on prospective bidders. An application and information sheet providing the criteria shall be included in bid speccations depending upon the size of the contract of the services to be rendered. This document will be required when submng a formal bid (See Appendix AMAMI MIT 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 riled 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). LWI A-Miffl-K The Survey in Appendix 'T shall be 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 information provided to the City Council when determining the most responsible bidder. Page 17 of 25 Project #3 Page 24 of 25 PROJECT #1 Name of Bidder: Sent To: Name: Address: Phone: Project: Please circle the number that best represents your rating of performance with regard to the above "Bidder". 1=Poor 2=Average 3=Good 4=Excellent 1. Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or contractual services as required? 1 2 3 4 2. Did the bidder perform the contract or provide services promptly, or within the time required, without delay or interference? 1 2 3 4 3. Did the bidder show character, responsibility, integrity, good reputation and experience? 1 2 3 4 Company Name: Authorized Signature. Date: Name ofBidder: Sent To: Name: Address: Phone: Project: Please circle the number that best represents your rating of performance with regard to the above "Bidder". 1=Poor 2=Average 3=Good 4=Excellent 2. Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or contractual services as required? 2 2 3 4 2. Did the bidder perform the contract or provide services promptly, or within the time required, without delay or interference? 1 2 3 4 3. Did the bidder show character, responsibility, integrity, good reputation and experience? 1 2 3 4 Company Name: Authorized Signature: Date: APPENDIX "B" PRO Name. of Bidder: Sent To: Name: Address: Phone: Project: Please circle the number that best represents your rating of performance with regard to the above "Bidder", 1=Poor 2=Average 3=Good 4 --Excellent 3. Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or contractual services as required? 3 2 3 4 Z Did the bidder perform the contract or provide services promptly, or within the time required, without delay or interference? 1 2 3 4 3. Did the bidder show character, responsibility, integrity, good reputation and experience? 1 2 3 4 Company Name: Authorized Signature: Date: APPENDIX R Name of Bidder: Sent To: Name. Address: Phone: Project: _ Please circle the number that best represents your rating of performance with regard to the above "Bidder". 1=Poor 2=Average 3=Good 4=Excellent 4. Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or contractual services as required? 4 2 3 4 2. Did the bidder pox -form the contract or provide services promptly, or within the time required, without delay or interference? 1 2 3 4 3. Did the bidder show character, responsibility, integrity, good reputation and experience? 1 2 3 4 Company Name. Authorized Signature: Date. APPENDIX "B" SAFETY RECORD SURVEY PROJECT #5 Name of Bidder: Sent To: Name: Address: Phone: Project: Please circle the number that best represents your rating of performance with regard to the above "Bidder". 1=Poor 2=Average 3=Good 4=13xcellent 5. Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or contractual services as required? 5 2 3 4 2. Did the bidder perform the contract or provide services promptly, or within the time required, without delay or interference? 1 2 3 4 3. Did the bidder show character, responsibility, integrity, good reputation and experience? 1 2 3 4 Company Name: Authorized Signature: Date: N ATTACHMENT lI CONCRETE DEMOLITION AND CONSTRUCTION MAY 1, 2022 —APRIL 30, 2023 Name of Contractor: Richard Drake Construction Company L.P. Address: 6290 Hwy. 271 North Powderly, TX 75473 Phone Number: 903-732-4781 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, 2022 to April 30, 2023, If the bidder does not wish to bid on an item below, please write "Na 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, 6" — Estimated Quantity: 4,500 L.F. $.. 33.36 per L.F $ 6.510 per L.F. Removal and Disposal S. ...,39, 86 Total price B. WPA Style Curb And Gutter To Match Existing Installation — Estimated Quantity: 50 L.F. $ _ 62.41..__ ­ — per L.F. per L.F. Removal and Disposal 70.91 Total price C. Driveway Approach installation —City Residential Standard —Estimated Quantity: 4,000 S.F. $ 10.29 per S.F. $_ 2.50 per S.F. Removal and Disposal 2.79 Total price D. Sidewalk— City Standard— Estimated Quantity: 2,500 S.F. $ 8.67 —per S.F. $ 2.22 , per S.F. Removal and Disposal $ 10.89 Total price E. Valley Gutters — Estimated Quantity; 200 SY $ 14.76 per S.F. $Jr. 01 per S.F. Removal and Disposal Totat price Signature; Name; Tex R. Horton Vice President Title: SIGNATURE AFFIDAVIT Please includr, this sip -nature affidavit with XgUr 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 confbrMity therewith. Submittal shall provide the complete, information requested above. Include the legal name of the firm and signature of the person legally authorized to bind the firm to a contract. Richard Drake Construction Company L.P., Firm 4. Signature Vice President Title April 19,2022 Date 903-732-4781 . . ...... .. ... Telephone ldrake@rdccip.com rhorton@rdcclp.com Email ATTACHMENT I NOTICE TO ALL CITY VENDORS AND ALL POTENTIAL CITY VENDORS: On May 23, 2405, the Texas Senate passed House Sill 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 I, 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 htyyltwww &LLU&. I&W or at 1-512-463-5800. Please remit the CIQ form below with your response. Thank you. Page 8 oft CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the few by N.B. 23, 041h Leg., Regular Session. This quesdonnehs is being Bad in acaoidanas with ChWer M. local Government Code, by a vendor who has a business relationship w delined by Section 05.00111-11) with a local govemmental entity and Ike vendor meets requiremanta under Section 1 N.008(a). By law this questionnaire must be filled with the records adininlairator of the local governmental anally not later than the 71h bualnass day akar the date the vendor becomes swan of facts MW req*a the statement to be Rod, See Sedbn 176.006(a-1), Local ememmenl Code. A vendor commits an offense ff the vendor knowingly violates Section 17UM Local Government Code. An offense wider this section Is a misdemeanor. µ Name of vendorwho has a business relationship Wilt governmental entity. Richard Drake Construction Company L.P. FORM CIG! OFRCE USE ONLY Doe Paoelved ®Check this box It you are flft an update to a previously Ned questionnaire. (The law requires that you Mean updated oornpleted questionnaire with the appropriate ming authority not later than the 7th business day after the date on which you became aware that the originally fled questionnaire was Incomplete or Inaccurate.) Name of focal government officer aboutwhom the Information Is being disclosed. NONE Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by section 17GAWa)(2XAj Also describe any family relationship with the Want government officer. Complete subparts A and 8 for eachemployment or business relationshlpciescribad. Allach additional papa to this Form Cis as necessary, N/A A. is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than tweatment Income, from the vendor? MYes Q No S. Is the vendor receiving or likely to receive taxable Income, other than Investment fnoome, from or al the direction of the local govemment officer or a family member of the olffcar AND the taxable income Is not received from the local governmental entity? Yes 0 No Describe each employment or business relationship that the vendor named In Section t maintains with a corparatlon or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership Interest of one percent or more. NONE Check this box it the vendor has given the local government officer or a family member of the officer one or mare gats I ..J as described in Section 17O.D03(a)(2)(B), excluding gine described in Section 176.003(a-1). 04/19/2022 Signature of vendor d3ing buskesi WS the governMRSIVIR to iamprovidedbyTexas"EthiaCorrrmission........... ....... . � www.elhica.etate.rx.us � Revised 11=2015 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 httpY www.statutes.legis.state.tx.us! Docs/LQlhtrn/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code g 176.00111-a): "Business relafronship" 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 tee regulation by a federal, state, or local governmental entity Oran agency of a federal, state, or local governmental entity; (B) a transaction conducted at a pribe and subject to terms avaaiable 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 4176. 03 00) A) And (6): (a) A local government officer shall fife a conflicts disclosure statement with respect to a vendor If: 4.. (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 $2,600 during the 12 -month period preceding the date that the officer becomes aware that (1) it contract between the focal governmental entity and vendor has been executed; or (fl) the local governmental entity is considering entering, into a contract with the vendor; (B) has given to the local government officer ora 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: (f) a contract between the local governmental entity and vendor has been executed; or (tf) the local governmental entity is considering entering into a contract with the vendor. Local Government Coda 176. a and M-1111' (a) Avendor shall file a completed conflict of Interest questionnaire if the vendor has a business relationship with a local govemmenta I entity and: (f) 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 govemment 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)(8), excluding any gaff described by Section 176.003(a-1); or (3) has a family relationship with a local government officar of that local governmental entity. (a-1) The completed conflict of interest questionnalre 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.govemmental 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 focal 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); (e) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a focal government officer. Form provided by Texas Ethics C01.11,1188ion www. ethics. state. MUS Revised 11/80x2 S Page 1 t) of 25 EXHIBIT B CITY OF PARIS SAFETY RECORD POLICY The City of Paris, Texas shall determine the safety record of prospective bidders through the administration of a Safety Record Policy. D FIIINNITE0111 The Safety Record Policy is an evaluation unit which provides previous performance Information on prospective bidders. An application and information 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 submitting a foiznal bid (See Appendix "A"). RITERIA The performance measures for the safety record are in accordance with Section §252.0435 of the Texas Local Government Code 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). The Survey in Appendix " 8" sitall be 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 information provided to the City Council when determining the most responsible bidder. m APPEND "A" SAFETY RECORD APPLICATION Bidder's Name: Richard Drake Construction many, L.P. A. hist the East five (5) projects on which you were the successful bidder. Provide a name and address for each project. Project#1 Campbell Soup Company - Waste Field Improvements 500 NW Loop 286 Paris, TX 75460 Project #2 Potters Industries - 02 Plant Structure_ 1601 19th St. NW Paris, TX 75460 Project#3 Choctaw Nation of Oklahoma- Hugo & Broken Bow Headstart Drainage 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. Lawsuit setieled in March 2022 for Truck Accident that did not pertain to the Construction part of the Company_ Pending - Truck Wreck for damages with TxDept of Criminal Justice Page ! S of 25 Project #s Page 20 of 25 _. Name of Bidder..- {„A �,,,. J� ,,� �, ', a �f . �' } i Sent To: �',�,� , Name: 6 �� �..,e s Address: ° F r�x.�r ..� !'�.1� ��,54 �� �...., ,m. _.. Phone: Project. _ �d Please circle the number that best represents your rating of performance with regard to the above "Bidder". 1=Poor 2 -Average 3=Good 9:;-rxcellent 1. Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or contractual services as required? 1 2 h; 3 p a 2. Did the bidder perform the contract or provide services promptly, or within the time required, without delay or interference? I 2 C33 4 3, Did the bidder show character, responsibility, inte ' d reputation and experience? 1 2 3 4 Company Name:il Authorized Signature: .•m,, .,1� . f Date: � Page 21 of 25 r, MIUNMARTZ, Kit J A 12 -11TS'A I f0d Name of Bidder: Richard Drake Construction Company, L.P. Sent To: Bobb,o Smallwood Construction Name: Shen Arnold Address, 555 Lamar _vim rte. X �7�� Phone. 903-249-1641 Project: Crockett Please circle the number that best represents your rating of performance with regard to the above "Bidder". I=Poor 2 -Average 3—Good 4=Excellent I. Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or contractual services as required? 1 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 (D I Did the bidder show character, responsibility, integrity, good reputation and experience? 1 2 3 E) Company Name: Bobb,,,,,, Smallwood Construction, Inc Authorized Signature: 6a4.&,Pf . . . ...... Date: 03/28/2022 a Name of Bidder: Richard Drake Construefion Company, L.P. Sent To: naris tS[7 Name: 1 nnr Anderson..�.,�.............. __ _... Address: 19217 Clarksville 5t,, Paras TX( 75460 Phone: 903-573-0240 Project: parts 1 - Parts JH - hlew BMll insFou�on 8 Cando Please circle the number that best represents your rating of performance with regard to the above "Bidder". I -Poor 2=Average 3=Good 4—Excellent I , Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or contractual services as required? r 1 2 3 4 2, Did the bidder perform the contract or provide services promptly, or within the time required, without delay or interference? �'�` I 2 3 ) 3" Did the bidder show character, responsibility, integrity, good mputation and experience? t 2 3 4• Company Name: �" i ° Authorized Signature: m• W Date: 1 t name of ides: Richard brake Construction Company, L.P. Sent To: KlewittITIC The Industrial Poy Natne: Cale Komarek r� . Address: 1541 Coumr, d 16560, Qqortrt 75485 Phone: 972-670-7574 Project:sami�son 2 Solar-- Coin Road Irp rovernent_s. _ Please circle the number that best represents your rating of performance with regard to the above "Bidder". t=Poor 2=Avetage 3=Good 4=13xcellent I . Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or contractual set -vices as required? OWN t 2 3 4 2. Did the bidder perforin the contract or provide services promptly, or within the time required, without delay or interference? ION { 2 3 4 3. 13id the bidder show character, responsibility, integrity, good reputation and experience? { 2 3 1011161,11 11, A As tolCompany Name: Authorized Signature; w � w. e. Date: �, �� APPENDIX "B" SAFETY RECORD SURVEY "WECT ffs Name of Bidder: Richard Drake Construction Comb, an o L.P, Sent To: Lonestar Truck Group Nam; Rocky Jones Address: 300 NE Loor 286, . Paris, TX 75460 ... ...... Phone: 903-946-6466 Project:LonestaT Truck Group - New Service Building - Earthwork & Concrete Please circle the number that best represents your rating of performance with regard to the above "Bidder". I —Poor 2=Average 3=0ood 4=Excelient I Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or contractual services as required? 1 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? 1 2 3 Company Name., Lonestar Truck Grou, Authorised Signature - Date: 3/29/2022 RICHARD DRAKE CONSTRUCTION COMPANY 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: 1drake((iJr4cclia com 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 41 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 our projects with deadlines are Asphalt Projects with TxDOT, Asphalt Project for the City of Hugo, Asphalt Project for the City of Blue Ridge, Curb and Gutter Project for the City of Sulphur Springs and Curb and Gutter Project 2021 which is expiring for the City of Paris. 6290 Hwy 271 N POWDERLY, TEXAS 0 75473 0 903.712.4751 FAX -903.731.4340 "The (hilly bank you'll ever Bejel" I � COMMUNITY 1922 'Y 2022 March 22, 2022 To Whom It May Concern RE: Richard Drake Constructioh Co LP Our bank serves as the credit nd deposit facility for Richard Drake Construction Co LP. We value our relationship with this very imortant customer and offer our strongest recommendation of them to you and request all courtesy. We . ave had a 35-40 year relationship with the principal, Richard Drake. The deposit relationship has been handled very professionally with adequate balances. The credit relationship includ6s a Line of Credit for $2,000,000, with a current balance of $2,000,000. The guarantor on the tine of Credlt is Richard Drake. If you should need any additignai information, please do not hesitate to contact me. Respectfully, ' Brad Meyers President, CEO e PARIS DOWNTOWN PARIS LOOP CLARKSVILLE MT -PLEASANT 630 Clarksville Street 3010 NC Loop 285 1902 West MaIn Street 805 North Madison TX 75460 Parls. TX 75460 Clarksville. TX 75426 Mt. Pleasant. TX 75455 1 903.784-0881 903.669-0640 903-427-3858 903-577-1118 FFC6ANIc.COM Member roic 10 Bid Bond SURETY DEPARTM NT Conforms with the American Institute of Architects, A.I.A Documents No. A-310 KNOW ALL MEN BY THESE PRESENTS, Comnanv Richard orporatian c .. and ex sting under the '1 "g° as Principal hereinafter called the Principal, and W� �ttield Insurance Has Serehereinafter called �" . s in eld whose principal office is in Westfield Center Surety, the Surety, are held and firmly bound unto Citl"""of Paris as Obligee, hereinafter called the Obligee, . in the sum of eve Percent of the Greyest Amount Bid Dollars (5% CAB) 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, fmnly by these presents Whereas, the Principal has submitted a bid for RFH; Concrete Demolition, and Construction 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 this19th day of A� 1, 2022 Richard Drake Construction (Principal) By _ (SEAL) ^ estflod Ins„uran„ce Come„tang (Surety) By (SEAL) Johnny Moss, Attorney-in-fact General POWER NO. 422001214 Power Westfield Insurance Co. of Attorney Westfield National insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. W_esliieid Center, Ohio Know All Marr b These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANICE COMPANY, corporations, hereinafter referred to individually as a 'Company" and collectively as "Companies," duly organized and exlsting under the laws of the State of Ohio, and having Its principal office In Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETr, JADE PORTER, ROBERT G. KANUTH, JARRETT WiLLSON, JACK NOMNGHAM, JOINTLY OR SEVERALLY of ROCKWALL and State of TX Its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recogrezances, undertakings6 or other instruments or contracts of suretyship ---•-..._.......••••-.....-•-••-•-••••---•---••--•...••••.... , LMAITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEI; MORTGAGE DEFICIENCY, MORTGAGE WARIUM OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the some extent as If such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment Is made under and by authority of the folloowingresolution adopted byhe Boardof Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPA and OHIO FARMERS INSURANCE 'Be It Rasalvdd, that the President, any Senior Executive, any Secretary or any Fkielity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more sultabfe persons as Attorneys) -in -Fact to represent and act for and an behalf of the Company subject to the following provisions: The Attorney -4h -Fact may be given full and author for and In the nameof and on beha8 of the Company, to execute, acknowledge and deliver, any, and all bonds, recognizences, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability therewder, and any such instruments so executed by any such Attorney In -Fact shall be as binding upon the Company as if sl red b the -P aside nt and sealed and attested by the Corporate Secretary. "Be 7t Further Rasolwed, that the signature of any such designatedpersonand the seal of the Company her etefore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signawres or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached." (Each adopted at a meeting held on February 8, 2000). in WiMew WESTFIELD INSURANCE COMPANY, WESTFIELD NAMONIAL INSURANCE COMPANY and OHIO FARMERS INSURANCEeu COMPANY have caused these presents to be signed by their National Surely Leader and Senior Exedve and their corporate seals to be hereto affixed this 02nd day of JANUARY A.D., W20 . MMN dMAi. ,Ip1,U„4,,, q gUNtlK Corpo ratesYA,t a,•••PS�ONAL,ro.y WESTFIELD INSURANCE COMPANY Seals.r•••wNV4. o, t',•'"G ; WESTFIELD NATIONAL INSURANCE COMPANY �*�`°t' s i " . OHIO FARMERS INSURANCE COMPANY 7. SEAT, :. State of Ohio .y,i.., nn„r•'• w n�w.mani.B Y County of Medina ss : ls$1y i : ;;tttrttper, Naltltsrta bureyt .' Eb"ade'r and S6nlOr' ExecutiVe On this 02nd day of JANUARY A.D„ 2020 , before me personally came Gaiy W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Hartford, CT; that he is National SurdyLealder and Senior Executive of WESTFIELD INSURANCE EL COMPANY, WESTFID NATIONAL INSURANCE COMPANY and OHIO FARMERS FNSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of sold Companies; that the seals affixed to said instrument are such corporate seals; thin they were so affixed by order of the Boards of Directors of said Companies and that he signed his name thereto by like order, • Nalarial Seal er ° -t^ L Affixed��. g State of Ohio County'of Medina ss,; RMIT—lo � ,. David A. Kotnik, Attorney at.Law, Notary Public My Commission Does Not Expire (Set. 147.03 Ohio Revised Code) I, Frank A. Carrina, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, which Is still In full force and eifect; and furthennore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. fnWrpess Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this �� day of A.D., {flL4gc, Nip. r 1K Z— ZVI 'aST"s,{iL wM SEAL :rn: i t /t'' Secrietary •$ +tri y ''v ' pr7•r''; 1848 N »•�''� :�' .Y..••;' a'- Frank A. Camino, Secretary v ;rne+/'r�'�. ',•r'r,Iru �,IN•••••`•• ��'INrN N111M�aA BPOAC2 (combined) (05-02) CERTIFICATE OF LIABILITY INSURANCE DA714,111IM", Oara= .......,......w ......... THIS CERTIFICATE IS ISSUEDASA MATTER OFINFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATX DOES NOT AFFIRMAMVELYORNEGATIVELYAMEND, EXTEND ORALTER THE COIARAGE AFFORDED SYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONS13TUTEA CONTRACT BETWEEN THE ISSUING INSURER(Sh AUTHORIZED UPROSENTATIVE OR PRODUCER, AND THE CMMPICATE HOLDER. .. . ........ - SU 1111113CRTANT: V the certificate holder Is anA0bF11ONAL INSURED, the polloy(led) must haveADDITIONAL INSURED provisions or be andoreed. If SUBROGATION 19 WANED, sulgactto the tonns and conditions of the policy, certain policies; may require an endorsement Aaktemnton this certificate does not confer rights to the certificate holder In Ileu of such andomernenti(s). .... ---- . ................. . ... ... ......... .. . ....... . . ......... PWDUCER K&SInsuranceAgency (972)7714071 (072) 7714695 ........ ... ... 2266 Ridge Rotel,Ste. 333 !00 R 0. Box 277covsRAoeNAM ..... ............ . . . .A ......... . . ..... . ........ Rockwall TX 75087 Amb Insursince Company . . . . ........... . ............. Hanover Insurance Group Richard Drake Construction Company. L.P. PON)RER C 6290 HIgbway271 N. Powdedy TX 75473 ..... . . ....... CERTIFICATENUMBER. 22123MaBWw10E = REWSION NUMBEF- THIS is TO 66i�� POLICES OF * M, , , R Aib" -r: IIS BE L-0 W, K'-1kVEB E E N "IS" -8U" , i , 5' 7 0 T HE I N M . ........ ED K AMEDAB-0, -VE" , 'F"C" I ft T -H -EP 0 L"I 0 Y , I E INDICATED. NOTMHSTANDING MY REOMEMENT, TEM OR CWDITJON OF A14Y CONTRACT OR 171HIER DOCUIWENT WIM FWSPECT-ro WHMN TH IS CERTIFICATE MAY BE FMLW OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN 18 SUBMCT TO ALL THE TEMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. IBM SHOWN MAY HAVE OEM REDUCED BY PAID CLAIM .............. . . . - — - - - -------------- . ...... ........ . .... . . .... 'IT OFINSURANM wwrs &16� Lmuly GcpCCCINKEICE 'j, rAAR%MDE - R Clown 800,00 >e' Dad: $rhGW PD MEDEW i . . ....... . . j A 41PXGSBBMM 03/=022 03ACM23pa W ON M." & An vw. U Ry1,000000 GINLAGGREMBLUTAPPLIES PER: 0 00 2,001), pouay (9 2?T 5---'a, L., PR RP T@3 "poOD coo 01K b&%911 NM '0006ow ANYAUM OWLYiNjuaymor P arawo A AQWONLy SMEDULED 41PKQ=W0D 0313012022 03rJ0023 HIRED ADMS ED UP11"Mr ............ AUTOSONLY AUTOSONLY MORELIA LK - A HIMML10 41UFPBDBBUOO 031acrim 03130=23 I . . . . . .. ........... . . S 6,000 W.1 �wk'q! # -r i WORKERSOMPOM7M AND MWWVERG LIMILITY YIN AWIRROPMOR"Mia"MCUMM 1.000,000 A NIA 41VCISOBBDOO 0313MM OaMOM323 GFROMWEIRIER EXCLUDED? L�j 1,000,000 CEBCrOFns Odor RATIONS babes EL PCILICY LIMIT 9 1.0w.000 ....... . .... . .... .. ....... -any on Renled4ad elmex .0m.000 E. Did $2,aal) except $1 Ok on 600 In IHDA872650-D5 031=022 0303DI2023 MYC-perconveyarica7i 5ROW sho: M116-Ded: 310k;V01131.1. Dad 410k "Warehouse Legal Llab ..... . ......... . . . .... ...... . ...... DESCRIPTION OF OPEMIMSJ L=A7HMS I VEHICLES (ACORD loll AdisliftM Remarks Bahadubk maybe &%wW N MM apftba Is City Of Pads 1351 at S.E. PO Box 0037 Paris ACORD 25 (2016fD3) SHOULDANY OF TH9ABOVE DESCREW POLICIES BE CANCELLED nwORS THE EXPIRATION DAW THEREOF, NOTICE WILL ME DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTH10112150 REPREEBMTIVE TX 715461-9037 77-70," . . .......... - ....... . ....... .......... . .. ....... . ............ . . . ..... 4) 1988-n15A66iRb'C0RPORATION. All rlgbts reserved, The ACORD rwme and logo are registered nmft OfACORD A#C40119" . ... . ... .. �,=:Y',�Wnce Agency POLEYWL"Aam CARMER AGENCY CUSTOMER 10: LOC 0: ADDITIONAL REMARKS SCHEDULE ........ . ..... . ... .. .. . J, 11...1 .1. i� �Mm 1 1111111111 . . ....... .... ........ .,. ..... ..... . Rictord Drake Construdion Company, LP MAIC CODS page of ADDITIONAL REMARKS 1111-11.11 . . . . .. . - . . . ...... .. ..... . THIS ADDMOKAL REMARKS FORM IS A SCHEDULE TOACORD FORM, FORM NUMBER: 215 FORM TITLE: Catfi:ate of LWAIV himurarAw. Notes `... ......... . The Geners"I'Ll'iblity and Auto Liability polloles Include a blanket aulcimalc additionalInsured endorsement that provides additional Inwred statue do the owtifiaste holder only when there Is a wAhn wiftet between the named Insured and the ceNfroabe holderW requIres suah slates. The General WAft and Auto policles RiducleAddlikinal Insured - Lawr of Leased Equipment - Automatic Status when RequIred In Lem Agreement with You endonmmmte, 'The General LW ft endomements wording Includes bolh the Insureds Onoft and Ompleted Coelatfons. The General Liablifty andAuto Liablilly polldes corrialn an enElorsernent wAth 'Pdmry and NainowWbutory' wording. The General Uablifty, Auto Liability and lAbrkers' Compensaft policies Include blanket autornalic waiver of subrogation endorsements that pRmde this Mature, ordy When there Is a written contract babNeen the named Insured and the cartillmde holder that reWreg IL CONTROW"MRS EQUIPMENT Blanket Low Payee Endorsement Form IM441-IM 050. X11 WAYS REFER TO THEA*rTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LWS, CONDITIONS AND EXCLUSIONS. ........ . ... .. ...... ..... .. ..... . .. .. ........ .... ..... . ... . ......... ACORD 101 1200WII) V 2008 ACORD CORPORATION. AR righlB reserved. Tho Arnnn name and Irinei ora raninfered marks of ACORD . .. . . ........... . ....... . CERTIFICATE OF INTERESTED PARTIES . ..... .... . . ..... .. .. ............ .. . . . .... . ........................ -- I=01RM .1295 ........ ..... — — -------- - - ... loft ...... . . ..... .. Complete Nos. I - 4 and 6 It there are Interested parties. OFFICE `USE `64L­'y­ ... . . ....... . . Cpmplate Nos. 1, 2. 3, S. and 6 If there are no Interested parties, CERTIFICATION OF FILING l Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number - of business. 2022-872388 Richard Drake Consftctlon Company LP POMERLY, TX United States Date Filed. . ..... i4 -a- , n 6 "o -f1-6 v- e r n' r a" n"i"a"111 e"n" tit y, or state a 9" eh't y"Ifist dis a parry ta fi' . ...... c oMiitt f 'teh-tree i�)jjnis' ...... ..... 041.12/2022 being filed. City 01 Paris Date Acknowledged: ...... . ......... . ... . ....... . ........ . .. . ......... Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Sealed Bid: City Of Paris Sealed Bid. Concrete Demolition and Construction �4 Nature of Interest Name of Inteirested Party City, State, Country (place of business) (check applicable) --r - ............... . ... . ... Controlling r6 . .. ... . . .......... 11 ..... ..... I-'-'– .. „m. ........ Intermediary . ................. ® ....... .. ................ ..... ... ... . .... ...... . ..... ... . ...... . ...... . ......... ........... --- . .. ....... .. . ...................... r. 5 Check only if there Is NO Interested Party. ❑ 61- U N , S" , W" 0– R", N DECLARATION ",„-” My name Is 'Tt 1 IwItAc and my dale of birth Is My address '60 (street) (CRY) (state) (zip cede) (—try) I declare under penalty of perfury that the foregoing is true and correct. Executed in Ln– mar —County, State of on the IJL-Aay of Apri I 2o J% e. (month) (Year) . ...... . ....... .. ....... ... .. I Signator ;Xauthorlzed agent of contracting busIness entity (Declarant) Forms provided by Texas Ethics Commission whwelhics.state.Mus Version V1.1.191b5cdc Richard Drake Construction Company, L.P. Employee Handbook Standard Employment Practices & Procedures 6290 Hwy. 271 North Powderly, TX 75473 (903) 732-4751 Fax (903) 732-4340 Contents Standard Emt4o rriant.Practices ■ At -Will Employment ■ Equal Opportunity Employment ■ Sexual & Other Unlawful Harassment ■ Immigration Law Compliance ■ Criminal Convictions ° Evaluation Period Standards of Conduct ■ Personnel File General Policies and Procedures Orientation Reporting Changes Job Classifications Pay Periods Hours of Work Breaks Tine 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 Mall & Electronic Mail Postage, Shipping & Office Supplies Personal Safety Office Security Monitoring & Searches Confidential Information Corrflicts of Interest Non -Solicitation Competing Employment A 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 Em s!®# ...Benefits • Benefits Eligibility ■ Breaks in Service a Vacation N Medical Insurance ■ 401 K ■ Worker's Compensation • COBRA P40104a11 Patic es ■ Problem Resolutions ■ Discipline ■ Corrective Action ■ .lob Abandonment Termination Termination Process ■ Employment References 6 1 Am .: ■ 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 Fl Stadar nsi „Ems, la» „.0 �. � ment,Pfactices At Will Ern to rent 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, LP at any time, including after the evaluation period. Eaual EmDlovment a000rtun€ Richard Drake Construction Company, LP is committed to providing equal employment opportunities to all 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 hisfher 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. $p ual and Other Unlawful 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, iokes, 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 €mplicitly 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 individuars 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. Imm r�ration L ,,C r Dance 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 0 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. lvaluation Penod 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 Brake 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 villi 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 files on each of its employees. These files 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 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. lie anffun—Ohmang fn 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 malar categories: "Exempt" and "Non-exempt," This handbook applies to both Exempt and Non -Exempt employees. (1) Exempt employees are salaried and generally fall into one or more of the following 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 an-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. �`-�a Per[ods 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. 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. Nonexempt employees are to be paid time and one-half (1.5) 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. Sa__ia ",Jncreases 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. onus 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. Expense 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 cilents. 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. A tpndancO l un tca liI 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 coworkers. 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 call 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 falls to provide notice as required, will be subject -to appropriate disciplinary action, up to and including termination. 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. Employees may be required to attend mandatory meetings. Holidays Holidays for eligible employees are at the Company's discretion, but will generally include the following. • New Year's Day • Memorial Day • Independence Day • 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 Dr , s 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 retumed 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 newsample will not be available. Violence &„Weapons 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 S,afet F RU)es 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 properly trained. • Passengers will not be carried on vehicles unless specific seating areas are a part of the equipment. + 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 worn on jobsites. + The Company will not tolerate sexual harassment of any person on Company property or jobsite. Visilom 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. 1Morkplgpp .Attire 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 cavy 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 MaTI and Electrt�nlc tUla'tl 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 communleation 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. i?osia�e S ip�in ITand f ce S plies 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. 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. Persona Safe1Y 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. Qf�ce Security° Shortly after an employee's start date, tie/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. Monitoring & 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. 13 Corifidenfialuin#o align 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. J 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, f=ailure to do may result in disclplinary 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 (fi) 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. Cog patina Employment 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 Policies 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 and of the approved leave period. Sick Leave The €olloOng guidelines are to be followed when you muni 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 Be early as possible, preferably before your scheduled work start time. b) If you must leave your worksile before closing time 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 passible. 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_©isabilit Leave ftncludinu;ti Matemil;, 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. - IFS if requested to do so my the company's management, an employee seeking a short-term disability leave mast 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. FarnO 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. Personal Leave cf, b en c 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. JuLy 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 Drape 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 Du 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. 1 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 Ciosinpsend Severe feather 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. Employee r The following is a fist 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. eenerds Eligibility 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 FMLP, 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 flours 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. 17 All requests fbr 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 Wis an a normal business day during your vacation is not counted as a vacation day. When given advance notioe, Richard Drake Construction Company, LIP will consider requests for addonal time vAthout 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. M 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 discretion, in whole or in part match employees' contributions into the plan. The Company's decision regarding any match All be announced at the beginning of each calendar year. IT 01 0-1 - 4 TVS7-t7V—WG71!r- ujdw�-?,& . -421VIA injuries to a supervisor immediately, whether the accident o�mirred 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, ant' employees are expected to return to work immediately upon release by their doctor. V 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 supenrisor(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. Richard Drake Construction Company, LP's 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 light 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 sttuation, 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 jobslte, 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 I. Breach of confidentiality j. Untruthfulness about personal background k. Threats of violence 19 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. warabo ,Policies ,lob AbandoR a! 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. Termination 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- (1) 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_Pr_oc_ess 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 all 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 EMplwment 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 f=amily and Medical Leave Act (FMLA) far all private, stats 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 an the expiration date of the CBA or February 5, 1994, whichever was earlier. FMLA entities eligible employees to take up to 12 weeks of unpald, 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 • Private -sector employers who employed 50 or more employees in 20 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; • For placement with the employee of a son or daughter for adoption or foster care; • To care fear 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 workweeks 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 rare 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 overnight 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 healthcare 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 • 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 etch absence; or im 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 then 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 care provider" means: 1. Doctors 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 3. Nurse practitioners, nurse-mldwives and clinical social workers authorized to practice and performing within the soope 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. NIAII ENANCE.OF HEALTH BENEFITS A covered employer is required to maintain group health insurance coverage for an employee an 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 an 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. 13 RESTQB TIQN 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 employes 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 23 • 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 ft reasons for this decision; • offer the employee a reasonable opportunity to retum to work from FIVILA leave after giving this notice; and • Make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. 4 Mi 77T.-IK116) Tisw=A 2-773-712WU 7 -Arg, T"PAT777"79 employees within 75 miles of the work site. Employees seeking to usU-Ftylflf'�% isave are rUqT=rf7-Pr7 , I �f'i I 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 bmily member; Second or third medical opinions (at the employees expense) and perlodlc recertification; and Periodic reports during FMLA leave regarding the employee's status and intent toreturn t' -f work. V-- io unduly disrupt the employer's operation. Covered employers must inform employees of their rights and responsibilities under FIVILA, including giving specific written Infori-nation on what is. required of the employee and what might happen ir, certain circumstances, such as if the employee fails to return to work after FMLA leave. VhkFVLAICITS It Is unlawful for any empi W.—.- - I 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 FMI-A. The Wage and it Division investigates complaints. if violations cannot be satisfactorily resolved, the U.S. Department of Labor may bring action in court to compel compliance. Indduals may also bring a private civil action against an employer for violabons. ILA WE. _:' :'• •1J 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 and of a school term. Salaried executive, administrative and professional employees of cowered employers who most the Fair Labor Standards Act (FLSA) criteria for exemption from minimum wage and overtime under Regulations, 29 CFR Part 541, do not lose their FLSA-exempt status by using any unpaid FMLA leave, This special exception to the "salary basis" requirements for FLSNs exemption extends only to "eligible° 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. M a &-verview of Federal Equal OpportunitY Laws, including the Americans with Disabilities Act. the Equal Pay Act the Me I Act 1964Title VII of the Civil Rights Act of prohibitscolor,ion, sex and discrimination.national origin re V11 applies to employers or r <, Age iEmploymentof *6 l xprohibitsi` discrimination against individuals who are forty (40) years of age or older. The ADEA applies to employers wdh twenty (20) or more employeeS. T-itle I of the Americans with Disabliffles Act of 1990 (ADA) - prohibits employment discrimination against qualified individuals withdisabilities. The ADA ai i to employers with fifteen (15) or ►employees Equal Pay Act of 1963 (EPA) - prohibits wage discrimination between man and women in substantially equal jobs within the same establishment. The EPA applies to most employers with one or more ► These laws prohibit employment discrimination based on race, color, sex, religion, national odgin, age, disablity and prohibit retaliation for opposing job discrimination, filing a charge, or participating in proceedings under determiningAll employees, including part-time and temporary workers, are counted for purposes of ► iyer has a sufficient number of f An employee existence of an employment relationship Is most easily shown by a person's appearance on the employer's payroll, but i does notily the question. it whether an employer ► I►employeesto be i `f by these legal question. mightIndependent contractors are not counted as empioyees. Determining whether an individued is, under the law, an independent contractor, also is a legal question that'may not be as easy to answer as you think. For i r kdormation on ► to determine person or an "Independenti ►► 2 of the new pomplianceM !A f attorney. Issuesif you are unsure whether a business or individual Is covered, you may vVish to consult with an The folloMing may file a chargeof discrimination areas,Anyone who believes that his or her employment rights have been violated because of race, color, sex, religion, national origin, age, disability or because of retaliation may file a charge of discrimination with EEOC. By law, EF -OC must accept the filing of a charge. in most geographic aneged discrimination. in a very small number of areas where a state or local employment discrimination does notapply, a chargebe filed within 80 days. 0 EXHIBIT C Overview of The Immigration Reform and Control Act The Immigration Reform and Control Act of 1986 (1RCA) 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 nailonal origin (as does 'title VII) and on citizenship status. IRCA's antidiscrimination provisions are intended to prevent employers from attempting to comply with the Act's work authorization requirements by discriminating against foreign400king or foreign -sounding job applicants. IRCA's anti -discrimination provisions apply to smaller employers than those covered by EEOC-enforoed laws. • IRCA's national origin discrimination provisions apply to employers with between 4 and 14 employees (who would not be covered by Title VII). • IRCA's citizenship discrimination provisions apply to all employers with at least 4 employees. • IRCA is enforced by the U.S. Department of Justice. For information on IRCA's antl- 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) Ill w A 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 continues! 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 Data iR 4 0 0 k. s 0