HomeMy WebLinkAbout030527 ORD - 06/16/2015 Ordinance amending the FY 2015 Capital Improvement Budget adopted
by Ordinance No. 030303 by transferring $1,495,352 to the Waldron Road
from Caribbean Drive to Glenoak Drive Project and increasing
expenditures in the amount of$1,495,352; rejecting the low bid of Salinas
Construction Technologies Ltd. of Pleasanton Texas, in the interest of
the public; determining the lowest responsible bidder to be the second
lowest bidder, Berry Contracting LP dba Bay Ltd. of Corpus Christi,
Texas; making findings of fact; and authorizing the City Manager or
' designee to execute a contract with Berry Contracting LP dba Bay Ltd. of
Corpus Christi, Texas in the amount of $2,580,631.90 for the Waldron
Road from Caribbean Drive to Glenoak Drive Project(Bond 2014).
WHEREAS, this contract had to be competitively bid based upon a procurement method
authorized by state law, in accordance with Article X,Sec. 2, of the Charter of the City of Corpus
Christi ("the Charter"); and
WHEREAS, the Project is for construction of a street + drainage + utilities project that is
associated with civil engineering construction; and
WHEREAS, the engineer's probable estimate for the Project is approximately $2,195,800.00
and therefore, the competitive sealed bidding requirement applied to the contract. See Tex.
Loc. Gov't Code Ann. §252.021; and
WHEREAS, the City advertised for bids in the Caller Times newspaper once in each week for
two consecutive weeks, inviting competitive bids or proposals in accordance with the Charter.
Art. X Sec. 2(c), Charter of the City of Corpus Christi and in accordance with the notice
requirements under Subchapter C of Chapter 252,Texas Local Government Code;
WHEREAS, at the time announced in the advertisement notice, 2:00 pm on Wednesday,
Ribruarji i,.20'l5,the_bi rs_v EGe_openelland=he=amouhts_read.-albud,_wF Tama s=done=in-tfie
presence of those city employees of the Department of Capital Programs who are designated to
handle bid solicitations and bid openings, and in the presenceof those bidders desiring to be
._.,..____.._ present;and
WHEREAS, the City received 4 bids from (1) Salinas Construction Technologies Ltd of
Pleasanton, Texas for $2,485,648.31; (2) Berry Contracting LP dba Bay Ltd. of Corpus Christi,
Texas for $2,580,631.90; (3) Haas-Anderson Construction Ltd. of Corpus Christi, Texas for
$3,099,951.00; and (4) Reytec Construction Resources, Inc. of Houston, Texas for
$3,476,525.56;
WHEREAS, State law provides that if the competitive sealed bidding requirement applies to the
contract for goods or services, the contract must be awarded to the lowest responsible bidder.
Tex. Loc. Gov't Code §252.043(a);
WHEREAS, State law also provides that a contract must be awarded to the lowest responsible
bidder if the competitive sealed bidding requirement applies to the contract for the construction
3 'j ,_.
INDEXED
of: (1) highways, roads, streets, bridges, utilities, water supply projects, water plants,
wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks,
airport runways and taxiways, drainage projects, or related types of projects associated with civil
engineering construction; or (2) buildings or structures that are incidental to projects that are
primarily civil engineering construction projects.Tex. Loc. Gov't Code§252.043(d); and
WHEREAS, the City notified all bidders in its bid documents, specifications and contract
requirements that the contract will be awarded to the lowest responsible bidder;
WHEREAS, State law provides that the"governing body may reject any and all bids."Tex. Loc.
Gov't Code§252.043 (f);
WHEREAS, the City's Charter provides that "[t]he City shall always have the right to reject any
and all bids or proposals." Art.X Sec. 2(c), Charter of the City of Corpus Christi;
WHEREAS, the City notified all bidders in its bid documents, specifications and contract
requirements that the City reserves the right to reject any and all bids;
WHEREAS, the City notified all bidders in its bid documents, specifications and contract
requirements that the City may reject a bid for poor performance in execution of work under a
previous City of Corpus Christi contract;
WHEREAS, the City's Charter provides that "[t]he Council shall determine the most
advantageous bid or proposal for the City." Art. X Sec. 2(c), Charter of the City of Corpus
Christi;
WHEREAS, Salinas Construction Technologies Ltd. ("Salinas")was the apparent lowest bidder,
Berry Contracting LP dba Bay Ltd. ("Bay") was the apparent second lowest bidder; and Haas-
Anderson Construction Ltd. ("Haas")was the apparent third lowest bidder;
WHEREAS,:-the CjWse Consultant Engineer forthe Project as Investigated the ranag_ament,
performance, quality, and other issues affecting the present responsibilities of Salinas, as
detailed in the Consultant's recommendation, attached as Exhibit A;
WHEREAS, Salinas had an opportunity to respond to the Consultant's recommendation, has
met with the City to discuss the issues affecting their present responsibility and has had
additional opportunities to present documentation to support their position, attached as Exhibit
B;
WHEREAS, Salinas was awarded the Home Road — Ayers Street to Port Avenue Project
(Project No. E12100) on August 26, 2014, and their current performance on that project is
unsatisfactory, as detailed in the letters from the City's Consultant Engineer for the Home Road
project, attached as Exhibit C;
WHEREAS, Salinas disclosed on their Statement of Experience that they are currently in
litigation with the City of Seguin, Texas. The pleadings filed by Salinas on November 19, 2013,
and by the City of Seguin on November 18, 2014, are attached as Exhibit D; and
WHEREAS, the City has reviewed and finds that there are serious and compelling reasons
affecting the present responsibilities of Salinas to justify rejecting Salinas'bid for the Project and
not considering Salinas for award of the contract.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
Section 1. The amounts of$200,000 from Fund 3551 Street 2015 GO Project#E13100 Santa
Fe from Elizabeth to Hancock, $953,920 from Fund 4097 Water 2015 CIP Fund Project
#E14065 Future Programmed Utility Support, $202,880 from Fund 4254 Wastewater 2015 CIP
Project #E14015 City-Wide Collection System Indefinite Delivery/Indefinite Quantity Program
and$138,552 from Fund 3497 Storm Water 2013 Revenue Bond Project#E12146 Storm Water
Lifecycle Pipe Rehabilitation and Replacement are transferred and appropriated into the
Waldron Road from Caribbean Street to Glenoak Project(Bond 2014).
Section 2. The FY 2015 Capital improvement Budget adopted by Ordinance No. 030303 is
changed to increase expenditures in the amount of$1,495,352.
Section 3. The above and foregoing recitals are hereby found to be true and correct and are
incorporated as findings of fact. After reviewing the information contained within the attached
exhibits, the City Council further finds and determines:
1. The Waldron Road project (Project No. El 3099) is a major arterial feeder road to the
Flour Bluff Independent School District facilities, and it Is very important that the project
schedule be maintained in order to minimize disruption to school traffic and activities.
2. Salinas has demonstrated a lack of performance in maintaining project schedules, which
directly impacts residents, businesses and the traveling public.
3. The Waldron Road project design has been optimized to minimize construction delays
and incorporates local methods of construction, cement stabilization of existing base and
sand,fri art°ai area Wtti rrwate�tab-?�that
9 mulres locai-knowiedgs and-exiieffence.
4. Salinas has demonstrated a lack of successful experience with proposed construction
techniques in areas close to the Waldron Road project.
-5. Salinas completed-Greenwood-Drive"Street-improvements,Phasel^(Project No:'6277)—
behind schedule with quality issues and failed to properly follow plans and specifications.
6. Salinas completed Garcia Arts Education Center Area Street Improvements (Project No.
6133/6134) behind schedule with quality issues and failed to properly follow plans and
specifications.
7. Salinas completed Jamaica Street (Project No. 6139) behind schedule with quality
issues.
8. The Azores/Catcay project (Project No. 6156/6155) and Jamaica Street project (Project
No. 6139), resulted in months of litigation to resolve outstanding issues with delayed
completion, quality, drainage, ADA violations and failure to properly follow plans and
specifications.
9. Salinas is currently behind schedule on Home Road Construction (Project No. E12100)
and does not have or has not committed the necessary resources to put the project back
on schedule.
10.Salinas is currently behind schedule on a TxDOT project for ramp reversals in Gregory,
Texas and does not have or has not committed the necessary resources to put the
project back on schedule.
11.The City of Seguin filed a failure to perform complaint with Salinas' bonding company
and is currently in litigation with Salinas and their bonding company.
Section 4. City Council has determined that Salinas is not a responsible bidder, and is
therefore, not the lowest responsible bidder in accordance with Section 252.043 of the Local
Government Code. As such, a contract cannot be legally awarded to Salinas.
Section 5. As the City has the right to reject any and all bids, and, as it is in the best interest of
the City to reject Salinas' bid for the Project, Salinas' bid received on February 25, 2015,for the
Project is hereby rejected in the interest of the public.
Section 6. It is in the City's best interest to declare Bay to be the lowest responsible bidder
whose bid is the most advantageous to the City for the Project.
Section 7. In accordance with Section 252.043, which requires the City to award this contract
to the lowest responsible bidder, the City Council determines that Bay is the lowest responsible
bidder and therefore the successful bidder for the Project.
Section 8. The City Manager or designee is authorized to execute a contract with Berry
Contracting LP dba Bay Ltd in the amount of $2,580,631.90 for the Waldron Road from
Caribbean Drive to Glenoak Drive Project.
That OA fpre,going ordnance was read for the first time and passed to its second reading on this
the `"clay of ti 2015, by the following vote:
Nelda Martinez Brian Rosas ` _A
Rudy Garza Lucy Rubio Ira
Chad Magill P . , / Mark Scott
Colleen McIntyre i. . / Carolyn Vaughn ----iii,--14;,/,,
ij
___aALillian Riojas
Thgtr thp foregoing ordinance was read for the second time and passed finally on this the
I (4-4N-day of , 2015, by the following vote:
Nelda Martinez _ Brian Rosas
Rudy Garza fr Lucy Rubio , !
Chad Magill it. A _+ Mark Scott
Colleen McIntyre Carolyn Vaughn
Lillian Riojas
PASSED AND APPROVED this the l�D day of ,ll_—Q--, 2015.
ATTEST: CITY OF CORPUS CHRISTI
ebecca Huerta Nelda Martinez
City Secretary Mayor
EXHIBIT A
Consultant's Recommendation
Urban Engineering's recommendation as to the responsibilities of the 3
apparent lowest bidders for Waldron Road from Caribbean Drive to
Glenoak Drive (Bond 2014) (City Project No. E13099)
LI URBAN
ENGINEERING Job No.42848.00.00
. I
March5,2015
TRANSMITTED VIA EMAIL
AND ORIGINAL MAILED
Jerry Shoemaker,P.E.
City of Corpus Christi
P O Box 9277
Corpus Christi,Texas 784699
Subject:Waidron_Road from Caribbean Drive to Glenoak Wye(Bond 20141
City Project No.:E13099
Dear Jerry:
Pursuant to Section 00 4516 Statement of Experience;Urban Engineering has reviewed the two
supplied experience records from two low bidders. The third low bidder has not submitted their
experience record and is therefore disqualified from consideration of award of the Waldron Road
(E13099)Bond 2014 project. The two low bidders that have submitted experience records are from
Salinas Construction Technologies,LTD and Berry Contracting,LP-DBA Bay LTD. Urban Engineering has
reviewed the bids and experience records as submitted and provide the following recommendation.
Salinas Construction Technologies has current contracts with the City,of Corpus Christi(Home.
Road)and Texas Department of Transportation(Gregory ramp reversal). These projects are behind
-- � ,-----scheduleand=the contractotdoesnoi.baxe or-ba n;ca_.ti ittet eoessary res_ources_to hut__.
projects back on scheaule. On another project in a area t e1i1Urticipalitywittrwhomialinaa
Construction Technologies is contracted has been forced to file a failure to perform complaint with the
bonding compel+. This project is currently in Utigation. The last project completed by Salinas
Construction Technologies for the City of Corpus Christi was the Greenwoo Project n 200 20I0 wtii`ch
was also completed behind schedule. Additional information provided in the experience record
indicates projects with TxDOT that have been completed were also behind schedule.
The Waldron Road project for which contract award is being considered is a major arterial
feeder road to the Flour Bluff Independent School District facilities. Project scheduling is a critical
element and has been established to accomplish,to the extent possible,work in the summer months to
minimize disruption to school traffic and activities. The allotted project days are very short and the
awarded contractor will be required to devote significant resources and capabilities to complete within
the stipulated contract days. Project design is also optimized to minimize construction delays. The
design incorporates local methods of construction,cement stabilization of existing base and sand,in an
area with a high water table that requires local knowledge and experience. The experience record
Indicates that Salinas Construction Technologies does not have demonstrated resources or capacity to
accomplish required work within mandated schedules nor does it have requisite experience working
with and in the materials particular to this project location and design.
(361)8543101 2725 SWANTNER DR.•CORPUS CHRISiLTD(AS 78404 FAX(361)854-6001
www urbaneng.com
TBPE Firm#145
TBPt.S Arm#10032400
Urban Engineering does not recommend award of the Waldron Road project E13099 to Salinas '
Constructions Technologies based on the following reasons.
1. Demonstrated lack of performance in maintaining schedule on an on-going project with the City
of Corpus Christi and others.
2. Non-performance and current disbarred status with another municipality due to current
litigation.
3. Lack of experience with proposed construction techniques.
The reasons stated above are sufficient under Section 00 2113,Article 21 Rejection of Bid,paragraphs
21.01 and 21.02 to warrant the City of Corpus Christi's rejection of the bid from Salinas Construction
Technologies.
Urban Engineering recommends award of the Waldron Road Project E13099 to the second low
responsive bidder,Berry Contracting,LP-DBA Bay LTD. Urban Engineering has reviewed the bid and
experience records of Berry Contracting,LP Bay LTD,and is of the opinion that they have the requisite
experience,resources and capabilities to perform the contract as bid and scheduled.
Sincerely,
URBANi4ENGINEERING
Murray F.Hudson,P.E.
MFH/ek
Enclosure
xc:Salinas Constructions Technologies,LTD
Berry Contracting,LP-DBA Bay LTD '
•
•
EXHIBIT B
Documentation provided by Salinas Construction Technologies, LTD for
consideration of Waldron Road from Caribbean Drive to Glenoak Drive
(Bond 2014) (Project No. E13099)
1. Form 00 4516 Statement of Experience
2. Letter from Attorney Abel Herrero with attachments, dated March 17, 2015
3. Letter from Attorney Abel Herrero, dated April 23, 2015
...... .. .. . . . .. . .. .. ...
1
00 4516 STATEMENT OF EXPERIENCE
ARTICLE 1-REQUIREMENT TO PROVIDE A STATEMENT OF EXPERIENCE
1.01 To be considered a responsive Bidder,the three lowest Bidders must complete and submit the
Statement of Experience within 5 days after the date Bids are due to demonstrate the Bidders'
responsibility and ability to meet the minimum requirements complete the Work. Failure to
submit the required information in the Statement of Experience may result in the Owner
considering the Bid non-responsive and result in rejection of the Bid by the Owner. The Bid
Security of the Bidder will be forfeited if Bidder fails to deliver the Statement of Experience in an
attempt to be released from its Bid. Bidders may be required to provide supplemental
information if requested by the Owner to clarify,enhance or supplement the information
provided in the Statement of Experience.
1.02 Bidders must provide the information requested in this Statement of Experience using the forms
attached to this Section. A copy of these forms can be provided in Microsoft Word to assist with
the preparation of the Statement of Experience. Information in these forms must be provided
completely and in detail. Information that cannot be totally incorporated in the form may be
Included In an attachment to the form. This attachment must be clearly referenced by
attachment number in the form,and the attached material must include the attachment
number on every sheet of the attachment. The attachment must include only the information
that responds to the question or item number to which the attachment information applies.
ARTICLE 2-EXPERIENCE REQUIREMENTS
2.01 The Bidder agrees that,in addition to determining the apparent low Bid,the Owner will consider
the responsiveness of the Bids and the responsibility of the Bidders in awarding a Contract for
this Project. Information that indicates the Bidder or a Subcontractor is not responsible or that
might negatively impact a Bidder's ability to complete the Work within the Contract Time and
for the Contract Price may result in the Owner rejecting the Bid.
--- .2 02 _-- If none°ft.)?three..apparent-lows Bidderare-zleemedresponsibie,.theOwnermaynotify the - -_- -
nek apparentTairBidders in ordef,wFo`wii tii i be requlreito submit the Statement of
Experience for review,until a Contract is awarded or all Bids have been rejected.
2:03—The-Bidderis responsible-for the.accuracy and completen`es`s of a1Co`f he in of rmation proviided —y
by the Bidder or a proposed Subcontractor in response to this Statement of Experience.
2.04 Provide general information about the organization as required in Table 1. Describe the
organizational structure of the Bidder's organization as it relates to this Project in Table 2.
2.05 Provide information on the experience of proposed key personnel.
A. Provide information on the key personnel that will be actively working on this Project in
Tables 3 through 6. Key personnel include the Project Manager,Project Superintendent,
Safety Manager,and Quality Control Manager. If key personnel are to fulfill more than one
of the roles listed above,provide a written narrative describing how much time will be
devoted to each function,their qualifications to fulfill each role,and the percentage of their
time that will be devoted to each role. If the individual is not to be devoted solely to this
Statement of Experience
Waldron Road-Carlbean Drive to Gienoak Drive(BOND 2014),Project E13099
Project,indicate how that individual's time is to be divided between this Project and other
assignments.
B. The Bidder may provide information on an alternate individual if the Bidder is not able to
commit to one individual for the Project at the time the Bid is submitted. Qualifications of
these individuals will be considered in determining whether the experience of the Bidder
meets the minimum requirements. The Bidder must provide the services of the proposed
key personnel for the life of the Project as a condition of qualification. Failure to provide
the proposed Key Personnel may result in the disqualification of the Bidder and may void
the award of the Contract.
C. Provide biographical information for each primary and alternate candidate as an
attachment that includes: technical experience,managerial experience,education and
formal training,and a work history which describes project experience,including the roles
and responsibilities for each assignment. Additional information demonstrating experience
that meets the minimum requirements in this Statement of Experience should also be
included. Bidders are to include a list of the current project assignments for each of the
individuals proposed,the anticipated completion date for this assignment,and the
percentage of the time they will have available to devote to this Project to demonstrate
their availability for this project.
D. The Project Manager and Project Superintendent must have at least 5 years'recent
experience in the management and oversight of projects of a similar size and complexity to
this Project. This experience must include scheduling of manpower and materials,safety,
coordination of Subcontractors,experience with the submittal process,Federal and State
wage rate requirements,and contract close-out procedures. The Project Superintendent is
to be present at the Site at all times that Work is being performed. Foremen must have at
least 5 years'recent experience in similar work and be subordinate to the Project
Superintendent. Foremen cannot act as a superintendent without prior written approval
from the Owner.
2.06 Provide information on the project experience and past performance of the organization and
Y
-KeyPersonnel.
A. Provide a list of projects currently under construction and projects completed by the
Organization in the lasts yearsusing copies of Table 7. Highlight the project information
that demonstrates the experience of Bidder with similar projects and the experience of
proposed Key Personnel. Experience must include the satisfactory completion of at least
five similar projects within the last 5 years for the Bidder's organization and for proposed
Key Personnel,that are equal to or greater in size and magnitude than the current Project.
B. In determining the responsibility of the Bidder,the Owner will consider the Bidder's past
projects and any substandard quality of workmanship on completed projects. The Owner
will consider whether the Bidder's past project experience shows substandard quality of
workmanship,issues related to a substandard appearance of the completed work,the
amount of warranty or rework required,problems with durability and maintainability of the
completed project,and problems with the lack of quality of documentation provided. In
addition to the work produced,the Owner may consider issues related to the quality of
construction practices,responsiveness to the owner's needs during construction,an
inability to work in the spirit of partnering,and any non-responsiveness of the Bidder to
Statement of Experience
Waldron Road-Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
make warranty corrections. Information to make this determination will come from
Owner's interviews with references provided for this project. By listing reference contact
information In this Statement of Experience,Bidder indicates its approval for OPT to
contact the individuals listed as a reference.
2.07 The Owner will consider any percentages in excess of 15 percent of change orders for projects
as an indicator of ability to complete Projects within the Contract Price. Provide a tabulation of
budget performance on all projects completed by the Bidder within the last 5 years on Table 8
to demonstrate the ability of the Bidder to complete projects for the Contract Price. Lines may
be added beneath project change order breakdowns to add explanatory comments.
2.08 Provide information to demonstrate the ability of the Bidder to complete projects on time.
Bidders are to provide a tabulation of all projects completed by the Organization within the last
5 years on Table 9 to demonstrate performance in completing projects on time. Comments may
be added to the tabulations to indicate the reasons for amending completion dates.
2.09 Provide information to demonstrate the ability of the Bidder to provide subcontracting
opportunities that will meet the Owner's established goals for Minority,MBE,and DBE
participation in the Project. List all Work to be performed by qualified Minority,MBE,and DBE
proposed Subcontractors or Suppliers in Table 10. Include percentages of Work subcontracted
to each to demonstrate compliance with Owner's stated goals.
ARTICLE 3—STATEMENT OF EXPERIENCE REQUIREMENTS
3.01 Provide one printed copy of the Statement of Experience using the referenced tables and
narrative descriptions as described in Article 2. Pages are to be 8-1/2 x 11 pages using a
minimum font size of 10. A limited number of 11.x 17 sheets may be used,and must be folded
to the size of an 8-1/2 x 11 page.
3.02 Provide a digital copy of the Statement of Experience in Portable Document Format(PDF)on a
CD,portable drive,or other digital recording device. This digital copy is to include all
,information,requicedhzexaluatethe:Bidand bouldmatchthe-content.of;the:printed-sopyaf .-:--
111e'Bid7Wlien cratWif tide-c i'g'itai copy:
A. Create PDF documents from native format files.
B. Rotate pages so that the top of the document appears at the top of the file when opened in
PDF viewing software.
C. Submit PDF documents with adequate resolution to allow documents to be printed in a
format equivalent to the original documents. Documents are to be scalable to allow
printing on standard 8-1/2 x 11 or 11 x 17 paper.
•
D. Submit color PDF documents if color is used in the printed version of the documents.
Statement of Experience
Waldron Road-Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
Table 1—Organization Information
Organization doing business as: f SALINAS CONSTRUCTION TECHNOLOGIES,LTD
Business Address of Principal Office 3734 FM 3006 PLEASANTON,TX 78064
Telephone No. 830-281-3500 Website N/A
Form of Business(check one) ❑ Corporation X Partnership El Individual
Iia Corporation
State of Incorporation N/A Date of Incorporation
Chief Executive Officer's Name President's Name
Vice President's Name(s)
Secretary's Name Treasurer's Name
tfa_Pittileiship - - _
Date of Organization AUGUST 1993 Form of Partnership: ❑ General X Limited
alp_Individual:;_'
Name N/A
Owners b�p of Organization
List of companies,firms,or organizations that own any part of the organization.
Names of Companies,Firms,or Organizations Percent
rgaioh=H1story..
List of names that this organization currently,has,or anticipates operating under including the names of
related companies presently doing business.
Names of Organizations From Date To Date
SAUNAS CONSTRUCTION TECHNOLOGIES,INC AUG.1993 DEC.2003
SAUNAS CONSTRUCTION TECHNOLOGIES,LTD DEC.2003 PRESENT
$ndretofs_oo.Organization Size =.
Average number of current full-time employees 90
Average estimate of revenue for the current year $16,000,000.00
Statement of Experience
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
•
•
Statement of Experience
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Protect E13099
Table 1—Organization information
Name of Surety ZURICH AMERICAN INSURANCE CO.
Surety is a corporation organized and existing under the laws of the state of TEXAS
Is surety authorized to provide surety bonds in the State of Texas? X Yes El No
Is surety listed in"Companies Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570
X Yes ❑ No
(amended)by the Financial Management Service,Surety Bond Branch, U.S. Department
of the Treasury?
Mailing Address (principal place of business) P.O. BOX 968022 SCHAUMBER,IL 60196
Physical Address(princlpal place of business) SAME
Telephone(Main) 800-654-5155
Telephone (for Notice of Claim) SAME
Local Agent for Surety TIME INSURANCE AGENCY
Address for Local Agent 1405 E. RIVERSIDE DR AUSTIN,TX 78741
Telephone for Local Agent 800-440-0989
Ihsu ahce - -
Name of Insurance Provider Time Insurance Agency
Provider is a corporation organized and existing under the laws of the state of TEXAS
Is Provider licensed or authorized to issue insurance policies In the State of Texas? _ X Yes ❑ No
Does Provider have an A.M.Best Rating of A-VIII or Better? X Yes ❑ No
Mailing Address(principal place of business) 1405 E. Riverside Drive Austin,TX 78741
Physical Address(principal place of business) SAME
Telephone(Main) 512-637-9740
Telephone(for Notice of Claim) SAME
Local Agent for Provider Janie Schick
Address for Local Agent SAME
-e&ephonefor--Local Agent—=- SAME
Financial Summary lnformat;ofi
Date of Bidder's most current financial statement MARCH 21,2014
—-•-----Date of-Bidder's most current audited financial statement- -DECEMBER;31T-2013---- --
Financial indicators from the most current financial statement:
Bidder's Current Ratio (Current Assets/Current Liabilities) 3,033,669.00
Bidder's Quick Ratio ((Cash and Cash Equivalents+Accounts Receivable+Short Term
Investments)/Current Liabilities)) 7,102,983.00
Statement of Experience
Waldron Road-Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
Table 1—Organization Information
Organization doing business as: SAUNAS CONSTRUCTION TECHNOLOGIES,LTD
Previous History utitii!_01Vner ._ •
-.
List projects that have been completed with the Owner over the last 5 years. If more than 5 projects,list
only the most recent.
Project Name Year
1 GREENWOOD 2010
2 GARCIA ARTS 2009
3 JAMAICA STREET 2006
4 AIRLINE 2004
5
41-1 rtic#(oh5 a Experience
Provide Bidders Experience Modification Ratio(EMR) Historyfor the last 3 years. Provide documentation
of the EMR.
Year EMR Year EMR Year I EMR
iarevious Biddlgara<osc£iorj Experience
Has Bidder or a predecessor organization ever been disqualification as a bidder within the last 5 years?
List Projects below and provide full details in a separate attachment if yes.
NO
Has Bidder or a predecessor organization been released from a bid or proposal in the past five years? list
Projects below and provide full details in a separate attachment if yes.
NO
Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work
awarded to it? List Projects below and provide full details ina separate_attachment if yes _.,_
Has Bidder or a predecessor organization been involved in claims or litigation involving project owners
within the last 5 years? List Projects below and provide full details in a separate attachment if yes.
YES. FILED WiTH CITY OF SEGUIN
Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials
on any projects begun within the preceding 2 years. Specify the name and address of the party holding
the lien or making the claim,the amount and basis for the lien or claim, and an explanation of why the lien
has not been released or that the claim has not been paid if yes.
NO
Statement of Experience
Waldron Road--Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
Table 2—Project information
Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES
Proposed ProjectOrganfzation"
Provide a brief description of the organizational structure proposed for this project indicating the names
and functional roles of proposed key personnel and alternates.
DANIEL SALINAS,CONSTRUCTION MANAGER —
GILBERT SALINAS,GENERAL SUPERINTENDANT
JOSE LUIS Y. DAVILA,SENIOR PROJECT MANAGER
DARRAL SIKES,GENERAL CONCRETE SUPERINTENDENT
DERRICK SALINAS,SAFETY/COMPLIANCE MANAGER
OCTAVIO GARZA,PROJECT FOREMAN
PEDRO GONZALEZ,ASSISTANT PROJECT MANAGER,ASSISTANT SUPERINTENDENT
DEBRA MILLER, PROJECT COORDINATOR
Division of work betWeep Biddel'4nd Proposed Sdbcotttractoi and 5uppiiets
Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and
Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order
amounts and the Contract Price).
Description of Work Name of Entity Performing Estimated
the Work Percentage of
Contract Price
GENERAL CONTRACTOR SALINAS CONSTRUCTION 97%
TECHNOLOGIES
BARRICADES AND MARKINGS HIGHWAY BARRICADES 3.0%
Subcontractor Cotts£ruOon Site Safety Experience
_Rrovide_Experience ModificationRatio(EMR)-History-for-the-last-3-years for Subcontractors that-will— — - ---
provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR.
Subcontractor NA
Year EMR Year EMR Year EMR
Subcontractor NA
Year EMR Year EMR Year EMR
Statement of Experience
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
Table 3--Proposed Project Manager
Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES,LTD.
P maryGandidate
Name of individual JOSE LUIS Y. DAVILA
Years of experience as Project Manager 34yrs.
Years of experience with this organization 10yrs.
Number of similar projects as Project Manager 34
Number of similar projects in other positions 35
Current Project Assignments
Name of Assignment Percent of Time Used for Estimated Project
this Project Completion Date
City of Corpus Christi Home Rd 30% June 4 2015
Tx Dot SH 35 Ramp Reversal San Patriclo 15% April 152015
Reference Contact Information
Name Juan Martinez Name Jesse Riez
Title/Position Project Manager Title/Position Senior Construction Inspector
Organization City Of San Antonio Organization City Of San Antonio
Telephone 210-508-8337 Telephone 210-323-2378
Email Email
Project Project
.... Role on project Role on project
Alterna a Cantltdate -
Name of individual Darral Sikes
Years of experience as Project Manager 25yrs.
Years of experience with this organization lyr
Number of similar projects as Project Manager 20
Number of similar projects in other positions 60+
--CurrenUiro)eci-Assignments - .—
Name of Assignment Percent of Time Used for Estimated Project
this Project _Completion Date
— Tz Oot'SH"35 Ramp Re`versal3an Pe�-ricio` 30% April,2015
Tx Dot Medina FM 462 30% August,2015
Reference Contact Information
Name Jaime Gonzalez Name Lawrence Neal
Titie/Position Project Manager Title/Position Project Manager
Organization Organization
Telephone 1-210-632-0329 Telephone 1-210-880-7976
Email Email
Project Project
Role on project Role on project
Statement of Experience
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
Table 4—Proposed Project Superintendents
Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES, LTD
Primary Candidate
Name of individual DARRAL SIKES
Years of experience as Project Superintendent
Years of experience with this organization SEE TABLE 3
Number of similar projects as Superintendent
Number of similar projects In other positions
Current Project Assignments
Name of Assignment Percent of Time Used for Estimated Project
this Project Completion Date
Reference Contact Information
Name Name
Title/Position Title/Position
Organization Organization
Telephone Telephone
Email Email
Project Project
Role on project Role on project
Alternate Candidate
Name of individual OCTAVIO GARZA
Years of experience as Project Superintendent 20yrs
Years of experience with this organization 2YRS 9MOS
Number of similar projects as Superintendent 30
Number of similar projects In other positions 44
----:etirrent-Prect-Assignrrients
Name of Assignment Percent of Time Used for Estimated Project
this Project Completion Date
- ------- ---
" — —TDofSH-35-Ramp ReveTsaTsan Pafrido 95% April,2015
Reference Contact Information
Name Fredricko Gomex Name Jaime Garza
Title/Position Equipment Superintnedent Title/Position Project Manager
Organization Salinas Construction Organization Diversified
Telephone 956-990-1096 Telephone 256-3791
Email Email
Project Project
Role on project Role on project
Statement of Experience
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
Table 5-Proposed Project Safety Managers
Organization doing business as: SALINAS CONSTRUCTION TECHNOLOGIES,LTD
Pfimaryandidate
Name of Individual DERRICK SALINAS
Years of experience as Project Safety Manager 6 yrs
Years of experience with this organization 6 yrs
Number of similar projects as Safety Manager 18
Number of similar projects in other positions 40
Current Project Assignments
Name of Assignment Percent of Time Used for Estimated Project
this Project Completion Date
Various Projects 25%
Reference Contact Information
Name Name
Title/Position Title/Position
Organization Organization
Telephone Telephone
Email Email
Project Project
Role on project Role on project
Affeinifiticindidate_
Name of individual
Years of experience as Project Safety Manager
Years of experience with this organization
Number of similar projects as Safety Manager
Number of similar projects in other positions _
-Current-Project-Assignments -- -----
Name of Assignment Percent of Time Used for Estimated Project
this Project Completion Date
Reference Contact Information
Name Name
Title/Position Title/Position
Organization Organization
Telephone Telephone
Email Email
Project Project
Role on project Role on project
Statement of Experience
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
Table 6-Proposed Project Quality Control Managers
Organization doing business as: SAUNAS CONSTRUCTION TECHNOLOGIES,LTD
{Prtriry cattdlda#e_ .
Name of individual Arias And Associates
Years of experience as Quality Control Manager
Years of experience with this organization
Number of similar projects as Quality Manager
Number of similar projects in other positions
Current Project Assignments
Name of Assignment Percent of Time Used for Estimated Project
this Project Completion Date
Reference Contact Information
Name Name
Title/Position Title/Position
Organization Organization
Telephone Telephone
Email Email
Project Project
Role on project Role on project
Alternate Candidate
Name of individual
Years of experience as Quality Control Manager
Years of experience with this organization
Number of similar projects as Quality Manager
Number of similar projects in other_positions
T�_--Cur-rent-Project-Assignments -
Name of Assignment Percent of Time Used for Estimated Project
this Project Completion Date
Reference Contact Information
Name Name
Title/Position Title/Position
Organization Organization
Telephone Telephone
Email Email
Project Project
Role on project Role on project
Statement of Experience
Waldron Road-Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
1 lIIi
I 1!
Table 7—Current Projects and Projects Completed within the Last 5 Years
Project Owner TX DOT Project ATASCOSA CO. FM 99
Name
General Description of HEAVY CIVIL
Project
Project Budget and Schedule Performance
Budget History Schedule Performance
Amount %of Bid. WEATHER DELAYS-TIME SUSPENDED 4 MONTHS Date Days
Bid $3,964,967.27 Notice to Proceed 10-18-12 242
Change Orders $18,690.67 .47% Contract Substantial Completion Date at Notice to Proceed 12-11-13 239
Owner Enhancements $10,000.00 .25% ! Contract Final Completion Date at Notice to Proceed 12-16-13 242
Unforeseen Conditions $20,011.69 50% ; Change Order Authorized Substantial Completion Date 4-25-14 258
Design Issues $491,805.81 12.4% ' Change Order Authorized Final Completion Date 5-2-14 263
Total {' Actual/Estimated Substantial Completion Date 4-25-14 258
Final Cost $4,505,475.44 ;113% I I Actual/Estimated Final Completion Date 5-2-14 263
IKe►Project.Personnel
' Project Manager Project Safety Manager Quality Control Manager
Superintendent
Name ' JOSE DAVILA ARTURO CAVAZOS ARTURO CAVAZOS
Percentage of time devoted to the Project 50% 90% 90%
Proposed for this Project ' JOSE DAVILA ARTURO CAVAZOS ARTURO CAVAZOS
Did Individual start and complete the project? , YES YES YES
If not,who started or completed the Project in their place?
Reason for change
Refs enceContact information
Name Title/Position Organization Telephone Email
Owner GREGORY BIEDIGER IPROJECT MANAGER TX DOT 830-426-2522 gregory.biediger@txdot.gov
Designer
Construction Manager DANIEL SALINAS I CONSTRUCTION SALINAS 830-281-3500 sctltd@yahoo.com
MANAGER CONSTRUCTION
Surety AMY SMITH TIME INSURANCE 512-637-9744 asmith@timeinsurance.com
• I AGENCY
issues tilliPtitesTesohtetor pending resolution'by arbitratibn'ilitigation,or dispute review boards
I li
Statement of Experience l
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
1
#1
31
is
V.
Number of Total amount involved in Number of issues Total amount involved in
issues resolved resolved issues i; pending resolved Issues
i!
1,
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di
11
11
is
1.
11
•
11
11
1 1
1:
II
Statement of Experience 1!
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
li .
i
l
Table 7—Current Projects and Projects Completewithin the Last 5 Years
Project Owner TX DOT Project KARNES COUNTY US 181
Name
General Description of Project HEAVY CIVIL `;
Project Budget and Schedule Performance
Budget History Schedule Performance
Amount %of Bid Date Days
Bid $1,783,536.97 Notice to Proceed 2-4-13 80
Change Orders $139,113.62 ;7.8% Contract Substantial Completion Date at Notice to Proceed 5-23-13 73
Owner Enhancements Contract Final Completion Date at Notice to Proceed 6-6-13 80
Unforeseen Conditions ! Change Order Authorized Substantial Completion Date 10-21-13 97
Design Issues I Change Order Authorized Final Completion Date 10-21-13 97
Total I Actual/Estimated Substantial Completion Date 10-28-13 102
Final Cost $1,922,650.59 1107.8%! Actual/Estimated Final Completion Date 11-6-13 109
Rey Pro1ec 'Persotlnel'
Project Manager Project Safety Manager Quality Control
( Superintendent Manager
Name NIKO SALINAS CHALEO CHALEO
Percentage of time devoted to the Project 1.- 50% 100% 100%
Proposed for this Project € NIKO SALINAS CHALEO CHALEO
Did Individual start and complete the project? i YES YES YES
If not,who started or completed the Project in their place?
Reason for change
'Reference Contactilffa'mation
Name ' Title/Position Organization Telephone Email
Owner RALPH CONDRA I PROJECT MANAGER TX DOT 830-780-3993 Ralph.condra@txdot.gov
Designer E
CONST
G�R fUCTION SALINAS
Construction Manager DANIEL SALINAS MANqCONSTRUCTION 830-281-3500 sctltd@yahoo.com
Surety AMY SMITH I I !:; TIME INSURANCE 512-637-9744 asmith@timeinsurance.com
iiiies/dispUtes:resolved or;pend`gresoiutiottrhy arbip+Attlgationo oV dispute reVieW boards ;
Number of issues Total amount involved in ( Number of Issues Total amount involved in
resolved resolved issues 1 pending resolved Issues
Statement of Experience I
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Project E13099.
i 11
I
I II
Table 7—Current Projects and Projects Completed within tihe Last 5 Years
Project TX DOT Protect BEXAR COUNTY IH 10
Owner Name
General Description of HEAVY CIVIL '�
Project
Project Budget alSchedule Performance
Budget History i Schedule Performance
Amount I %of Bi l Date Days
Bid $1,073,789.27 11: Notice to Proceed 6-26-13 97
Change Orders I 11!I
Contract Substantial Completion Date at Notice to
g $13,195.25 1 2�0 � Proceed
11-12-13 89
Owner Enhancements i I Contract Final Completion Date at Notice to Proceed 11-21-13 97
Unforeseen Conditions I I j! Change Order Authorized Substantial Completion Date 11-12-13 97
Design Issues _I Change Order Authorized Final Completion Date 11-31-13 97
Total j I ii Actual/Estimated Substantial Completion Date 11-12-13 97
Final Cost $1,086,984.52 201% I H Actual/Estimated Final Completion Date 11-31-13 97
';Key Project Personnel ' "+
Project
Project Manager Safety Manager Quality Control Manager
. i Superintendent
Name I ! { NIKO SALINAS FELIPE ROJAS FELIPE ROJAS
Project
Percentage of time devoted to the '
gI i.; 50% 100% 100%
Proposed for this Project i I ., NIKO SALINAS FELIPE ROJAS FELIPE ROJAS
Did Individual start and complete the project? ( YES YES _YES
If not,who started or completed the Project in their place?� _
Reason for change 6
Reference'Contact;information
Name Title/Position Organization Telephone Email
Owner COOTER JUNGMAN PROJECT MANAGER TX DOT 210-487-1579 Kenneth.jungman@txdot.gov
Designer
CONSTFItUCTION SALINAS
Construction Manager DANIEL SALINAS
MANAGO
J CONSTRUCTION 830-281-3500 sctltd@yahoo.com
Surety AMY SMITH I TIME INSURANCE 512-637-9744 asmith@timeinsurance.com
mob l �aklilt f> nihil g ohj oir.cgspiite reiileiiif'boards
{sues;/,d{sputestesolved or`p�t�i1� ''
Statement of Experience
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
i
I
114
I ii
I
Number of Total amount involved in I Number of issues Total amount involved in
issues resolved _ resolved issues I Ii! pending resolved Issues
I '.
Table 7—Current Projects and Projects Completed within the Last 5 Years
Project Owner TX DOT Project ATASCOSA COUNTY FM 2924
_ Name
General Description of
Project HEAVY CIVIL
Project Budget,andr5chedule Performance
Budget History Schedule Performance
Amount %of Bid; Date Days
Bid $2,186,637.48 !i Notice to Proceed 5-6-13 214
Change Orders $42,345.52 1.9% it Contract Substantial Completion Date at Notice to Proceed 3-5-14 208
Owner Enhancements R( Contract Final Completion Date at Notice to Proceed 3-17-14 214
Unforeseen Conditions E Change Order Authorized Substantial Completion Date 4-8-14 208
Design Issues {j Change Order Authorized Final Completion Date 4-18-14 216
Total !( Actual/Estimated Substantial Completion Date 4-8-14 208
Final Cost $2,228,983.51 ;102% Actual/Estimated Final Completion Date 4-18-14 216
KeVP,foject Personnel
Project Manager Project Safety Manager Quality Control Manager
Superintendent
Name ! 1 j NIKO SALINAS ARTURO CAVAZOS ARTURO CAVAZOS
Percentage of time devoted to the Project j ; 'I 50% 90% 90%
Proposed for this Project I I II NIKO SALINAS ARTURO CAVAZOS ARTURO CAVAZOS
Did Individual start and complete the project? ! I il YES YES YES
If not,who started or completed the Project in their place?; ti
Reason for change Ij
r _
?Reference Contact Information
Name Title/Position Organization Telephone Email
Owner GREGORY BIEDIGER ( PROJECT MANAGER TX DOT 830-426-2522 Gregory.biediger@txdot.gov
Designer
CONSTRUCTION SALINAS
Construction Manager DANIEL SALINAS MANAGER CONSTRUCTION 830-281-3500 sctltd@yahoo.com
Surety AMY SMITH TIME INSURANCE 512-637-9744 asmith@timeinsurance.com
issues jdisputes resoVed oil pendintreSoiuttonlitarbitrdt,an,litigation or dispute review boards
Statement of Experience
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Pro e4 E13099
r
I,
1�i
I 1'
Number of Total amount involved in Number of issues Total amount involved In
issues resolved _ resolved issues pending resolved Issues
I
Table 7—Current Projects and Projects Completed within the Last 5 Years
Project Owner TX DOT Project
_ Name MEDINA CO. IH 35
General Description of HEAVY CIVIL
Project
:jPrOactliRtigetandSchedule Performance
Budget History i ,l Schedule Performance
Amount ! %of 84 Date Days
Bid $1,564,899.84 jai Notice to Proceed 11-4-13 190
Change Orders $7,318.98 _1.46% ( !I Contract Substantial Completion Date at Notice to Proceed 7-28-14 182
Owner Enhancements f I Contract Final Completion Date at Notice to Proceed 8-7-14 190
Unforeseen Conditions ;. Change Order Authorized Substantial Completion Date 7-23-14 185
Design Issues I i; Change Order Authorized Final Completion Date 8-12-14 193
Total f Actual/Estimated Substantial Completion Date 7-9-14 162
Final Cost $1,572,218.82 1100.4%( Actual/Estimated Final Completion Date 7-18-14 170
!'if ei/Project Personnel
Project -
Project Manager Safety Manager Quality Control Manager
Ii Superintendent
Name 11 NIKO SALINAS CHUCK BYRD CHUCK BYRD
Percentage of time devoted to the Project ( sl 50% 100% 90%
Proposed for this Project i III NIKO SALINAS CHUCK BYRD CHUCK BYRD
Did Individual start and complete the project? .. YES YES YES
If not,who started or completed the Project in their place? '1,
Reason for change II
Reference Contact fotmation
Name ! Title/Position Organization Telephone Email
Owner GREGORY BIEDiGER 1 PROJECT MANAGER TX DOT 830-426-2522 Gregory.biediger@txdot.gov
Designer 1 1 .1
Construction Manager DANIEL SALINAS CONSTRUCTION SALINAS
g830-281-3500 sctltd@yahoo.com
MANAGER CONSTRUCTION
Statement of Experience
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
1 0
1
1 '1
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it •
•
•
•
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•
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Surety AMY SMITH 11 I „ TIME INSURANCE 512-637-9744 asmith@timeinsurance.com
Issues/disputes resolved pending resolution by ,litigation,.or dispute.review boards
Number of Total amount involved in Number of issues Total amount involved in
issues resolved resolved issues pending resolved Issues
11
Table 8-Demonstration of Budget Performance t•
I .
Organization doing business SALINAS CONSTRUCTION TECHNOLOGIES,LTD
as l
Provide information on all projects completed by the Bidder within the last 5 years.
Owner Name Project Description ;4 Original Owner Unforeseen Design Issues Total Changes Percent
Contract Price Enhancements Conditions Changes
TX DOT ATASCOSA CO.FM 99 HEAVY CIVIL $3,964,967.27 $10,000.00 $20,011.69 $491,805.81 $521,817.50 13%
TX DOT KARNES CO. US 181 $1,783,536 $0.00 $0.00 $0.00
HEAVY CIVIL .97
TX DOT BEXAR COUNTY IH 10 HEAVY $1,073,78 $0.00 $0.00 $0.00
CIVIL ; 9.27
TX DOT ATASCOSA COUNTY FM 2924 $2,186,637 $0.00 $0.00 $0.00
HEAVY CIVIL
.48
TX DOT MEDINA CO.IH 35 HEAVY CIVIL; $1,564,899.84 $0.00 $0.00 $0.00
•
•
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11
1
Statement of Experience
Waldron Road—Carlbean Drive to Glenoak Drive(BOND 2014),Pro t E13099
� I
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Statement of Experience
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
73
Iii
1.
Table 9—Demonstration of On-Time Performance ?I
Organization doing business as SALINAS CONSTRUCTION TECHNOLOGIES, LTD
Provide information on all projects completed'Wthe Bid Aiithin the last 5;years.
41
Original Amended Actual
Original Amended Actual
{I Contract Date Contract Date Contract Date
Contract Date Contract Date Contract Date
Owner Name Project Description o for for for
ii Substantial for Final Substantial for Final Substantial for Final
II Completion Completion Completion
fj Completion Completion Completion
TX DOT ATASCOSA CO. FM 99 HEAVY CIVIL i 12-11-13 12-1643 4-25-14 5-2-14 4-25-14 5-2-14
KARNES CO. US 181 11
TX DOT1 5-23-13 6-6-13 10-21-13 10-21-13 10-28-13 11-6-13
HEAVY CIVIL
BEXAR COUNTY IH 10 HEAVY
TX DOT 11-12-13 11-21-13 11-12-13 11-31-13 11-12-13 11-31-13
CIVIL
ATASCOSA COUNTY FM 2924
TX DOT HEAVY CIVIL 3-5-14 3-17-14 4-8-14 4-18-14 4-8-14 4-18-14
TX DOT MEDINA CO. IH 35 HEAVY CIVIL; 7-28-14 8-7-14 7-23-14 8-12-14 7-9-14 7-18-14
.
1.
(I •
Statement of Experience j
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014 Project E13099
31
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Statement of Experience
Waldron Road—Caribean Drive to Glenoak Drive(BOND 2014),Project 113099
I
f a
Table 10—Demonstrated Minority, MBE,DBE Participation
Organization doing business as SALINAS CONSTRUCTION TECHNOLOGIES,LTD
'ProjectSubcojtractors and Suppliers
Provide a list of anticipated Minority, MBE,DBE Subcontractors or Suppliers contracts that will be used
to demonstrate compliance with the Owner's Minority/MBE/DBE Participation Policy
Estimated% Minority,
Name Work to be Provided of Contract MBE,or
Price DBE Firm
SAUNAS CONSTRUCTION
TECHNOLOGIES, LTD. PRIME CONTRACTOR 74% DBE
HIGHWAY BARRICADES BARRICADES&STRIPING 3%
ROSS PAVING, INC PAVING 23%
Statement of Experience
Waldron Road-Caribean Drive to Glenoak Drive(BOND 2014),Project E13099
ARTICLE 4—CERTIFICATION
4.01 By submitting this Statement of Experience and related information;Bidder certifies that it has
read this Statement of Experience and that Bidder's responses are true and correct and contain
no material misrepresentations;and that the individual signing below is authorized to make this
certification on behalf of the Bidder's organization. The individual signing this certification shall
attach evidence of individual's authority to bind the organization to an agreement.
Bidder: SAUNAS CONSTRUCTION TE NOLOGI ES,LTD
•
� or printed)
By: `
(individuals signature)
Name: DANIEL SALINAS
(typed or printed)
Title: CONSTRUCTION MANAGER
(typed or printed)
Designated Representative:
Name: V if)-(Vt\
S A,lt+\.l“
Title Co cA-ft,,) Lr` PA a A-1),(Jcis
Address: 3734 FM 3006
PLEASANTON,TX 78064
Telephone No.: 830-281-3500 Email: sctltd@yahao.com
END OF SECTION
Statement of Experience
Waldron Road—Carlbean Drive to Glenoak Drive(BOND 2014),Project E13099
2
HERRERO & LOFI'IN,PLLC
Abel Herrero Attorneys at Law' 606 N.C'arancahua,Suite 506
thet+Tura rrcrr)ln'iut_c c nt Wilson Plaza
Jennifer K.Loftin
Corpus Christi.Texas 78401
1c.tnij�rta herrernloinn s.,q, Phone: (361)882-1882
Facsimile: (8-14)270-1827
March 17,2015
Via CM/RRR
And Via Email:JerrvS2@cctexas.com
City of Corpus Christi
P.O. Box 9277
Corpus Christi,Texas 78469
Attn: Jerry Shoemaker,P.E.
Re: Salinas Construction Technologies, LTD.bid for
Waldron Road from Caribbean Dr.to Glenoak Dr.
Bond 2014/City Project No. E13099
Our File No.: 14.017
Dear Mr.Shoemaker:
On behalf of our client, Salinas Construction Technologies, LTD ("Salinas"), we submit
the following response to Urban Engineering's letter,dated March 5,2.015,signed by Murray F.
Hudson. P.E., regarding its recommendations for the Waldron Road Project referenced above
("Urban's letter"). In recommending to the City of Corpus Christi ("the City")that the Waldron
Road Project E13099 not be awarded to Salinas, Urban Engineering identifies three reasons.
However,because those reasons listed are misleading,inaccurate,or false,as it relates to Salinas,
we strongly request that you disregard Urban's letter completely.
MISLEADING:
In claiming that Salinas has"Id1emonstrated lack of performance in maintaining schedule
on an on-going project with the City of Corpus Christi...," Urban Engineering is misleading the
- --- —=City-to=believe=that-the-reasonforan-onzgoingproject ftif ematmng on hedule is due to Salinas'
fault. However,a careful review of that on-going project(Home Project)reveals that several City
utility conflicts have caused the Home Project to be behind schedule. For example,attached for
your convenience is a copy of the first Time Impact Analysis(TIA-0 I)for the Water Re-Alignment
with existing City Utility Conflict for 45 Days. In addition,due solely to the City utility conflicts,
the new water main for the Home Project was relocated twice from the original planned location.
As another example,in a previous City project,Greenwood Drive Phase I (SP1D to Gol lihar) City
Project No. 6277 , the City's change orders for additional work accounted for extending that
project from the original 210 contract days to 645 contract days. Attached for your convenience
is a copy of the Final Payment for the Greenwood Project.Thus,to imply that Salinas is incapable
of maintaining a project on schedule is misleading because factors beyond Salinas' control have
in fact been the cause for delay.
March 17,2015
INACCURATE:
Urban Engineering is also inaccurate in alleging that Salinas is in "disbarred status" with
another municipality because of "non-performance" on its part. Pursuant to the terms of the
contract with the City of Seguin, because Salinas had fulfilled its obligations but had not yet
received payment for its completed work,Salinas was required to initiate a suit to recover monies
owed to it by the City of Seguin.Thus,the suit was not filed against Salinas for"non-performance."
Instead,Salinas was forced to file suit due to the City of Seguin's non-payment.Moreover,Salinas'
suit against the City of Seguin has been on file since September,2013. In November of 2014,
more than a year after suit was initiated against City of Seguin by Salinas,City of Seguin filed a
counterclaim,which is being vigorously challenged and defended by Salinas. Subsequent to the
date of Salinas filing its suit against City of Seguin, the City of Corpus Christi has previously
awarded a project to Salinas without that suit being an issue.Therefore,because the suit referenced
by Urban was initiated by Salinas against City of Seguin for nonpayment,it should not be used as
a pretext for denying Salinas the Waldron Road Project.
FALSE:
Urban's letter is also blatantly false when it claims that Salinas lacks "experience with
proposed construction techniques." Not only does Salinas have experience with the proposed
construction techniques, but it also has successfully utilized them in areas close to the Waldron
Road Project. Specifically,after being awarded the work by the City of Corpus Christi,Salinas
utilized the same techniques in similar conditions when it successfully completed the projects at
Catcay and Azores Streets,as well as Jamaica and Caribbean Streets,which are all approximately
within a quarter mile from the proposed Waldron Road Project.Therefore, because Salinas does
in fact have experience with the proposed construction techniques,Urban Engineering should not
be permitted to give false information in denying Salinas the Waldron Road Project.
OTHER FACTORS:
rifan s letter should not only be dismissed for the reasons explained above, but also
because it is contrary to state law. Under Texas law,a contract must be awarded to the lowest
: rte+ sponsibie_bidder_since_:the Waldron Road-Project--is-a=contract=for the--construction of—
"..streets,...utilities...etc." Given that the Urban letter is riddled with flaws,it must be set aside
and withdrawn from consideration. As such,Salinas' bid remains the lowest responsible bidder.
We hope the City of Corpus Christi gives our letter serious consideration and rejects the
defective Urban Engineering letter before taking any action in awarding the Waldron Road Project.
Yours truly,
H • N.o&Lovrw,PLLC
ellpolvar..)/
Abe Herrero
Jennifer K.Loftin
March 17,2015
•
cc: Via Email:MilesR@cctexas.com
Miles Risley
City of Corpus Christi Attorney
120 North Chaparral,Room 240
Corpus Christi,Texas 78469
Via Email:RonO@cctexas.com
Ronald L.Olson
City Manager of Corpus Christi
1201 Leopard St.
Corpus Christi,Texas 78401
-\';
1 iJ
January 25.20 - --, 35245
. • . 144t.gen Kaper ,P.E. -
Con S iices •, • . . - .- . - . •
City of Corpus Christi - • - •
P.O.Box 9277. • • •
Corpus Coaled,Texas 78469-9277 • -
•RE: GREENWOOD DRIVE PHASE 1(SPa,TO COLLIBAR) .. • •
• (CITYP$OJEC 74o.6277) . . -
;DM Ken: - •
- ,Eaclaeed is an Applies aniir,goillx4 14 Paymmt ,29 (Final Esth gtt 140,29) qtn .
Salinas Const iaA Ltd fru- Acme referenced project: Final Fite Na 29 is from •
• • • • 9!21110 to 112(W11 A time scbedulefoitn far•9d=( X11 is also included. Payroll
doaumeatetioa was submitteddirectly to yout race by the C actor.
We have net/fled the status.of the wo: . To the'beet-of our lmowiedge„ it 4.1ppeers that the •
amount shown on the itnioittitsficots the work.conicted during this.penod:The:doore, we -
.r �payment bei--2t ate to.the t aebtit'in+the aniowt Of.8 .092.95, which .
• included Cb* Qrder#15 for 514,$4;1.34. _ .
-- -_- _ -Wcuetnnli*,_tbe Beeord.1:tnrivinjis.and Ihey will he alliti4ited3e2Seir QinI• • _ •__ _ _ _ _
Plaserall if yon have any cin ebry .w •
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• HD EN'OIIIEERII4G INC. -
• J C..Gotta,P E - - .
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Enclosure: Appliaa tiodfiorP .
. rime Mali&Faust •• • • '
co: Stili as•Construcrion•Ltd_(D net Sati s,.dtJose 10-Peelle)
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•
CHANGE ORDER
Department of Engineering Services
City of Corpus Christi,Texas
CHANGE ORDER NO: 15 FUNDING SOURCE CONTRACT TIME 384 CD
Operating Department Band 2004 DATE January 17,2011
Name of Project Greenwood Drive Phase 1 from Gopher to SPiD-Project No.8277
Contractor: Seines Construction Technologies Ltd.
• CHANGE AS FOLLOWS: MD DMI
1.Llqudated damages(Ws) 877,000
2.Greenwood dideeblittyPenalty $15,000
3.Compensation foraddidonal traffic control $71,522.14
4.Type D asphalt beyond project lints. $7.822.17
5.Red light camera electrical work $2,010.55
6.Additional Siorm Wat r Pollution Prevention $7,926.48
7.Greenwood Illuminated Sign $1,000.00
8.Field Office&Yard $16,580.00
$14,841.34
Why was this change necessary?
1. Assessment of lauidated dames due to work extendina beyond the Contract _2.Due to imperfections in
the roadway surface.3.Traflia control and barricades rewind beyond the ariotnal Contract time due to Chance
Orders.4.Ami Type D asphalt rsaulred bsvond the Protect limits at street interseodo>s for continuity.5.
Bactrian work rebuked to make rani kid Gemini mora 6.Storm Water Polution Prevention controls
rewired bwaid the original Contract.7.Correctons made to Nominated don.
8.Fuld 9M01&yard ndanslon.
How an shniiar changes be avoided In the future?
Additional traffic control.stermwater pollution prevention.and pavement slowworm may be ktciuded to account
for time extensions beyond the animal Contract time.Also.additional road my tsstim and Maher penalties for
roadway knoerlsndions ardfor lauidetsd damson for not comolating the Proiecton schedule,
CONTRACT-PRICE— $3 787,x13: a
B.TOTAL CHANGE ORDER(Inc.current) $488,242.76
_ C..NEW CONTRACT PRICE ,. ,., $4.283.256.55
D.THIS CHANGE ORDER —$14;84T34"—` r= - - p, _._.
E.PERCENT TOTAL CHANGE(EVA) 13.1016 P ject Engineer
F.PREVIOUS ADDN'L TIME AUTHORIZED . .» 210 farm
G.ADDN'L CONTRACT TIME THIS CHANGE ORDER.... 435
H.TOTAL ADDITIONAL TIME............... 645
CITY OF CORPUS CHRISTI,TEXAS CONTRACTOR
By: BY
City Engineer Title:a .„ .,
APPROVED: .
Operating Department
Director of Management&Budget
Legal Department
errt OftORPUS OiRIS11.40ITAL PROGRAMS .
PISSMOIR fir-RID R WQR! 1HEET
BID DATE: Wvdnnplav 7 M*Itittilkelfie
PROJECT #E13001MatdpmR4 tor Quibble/ilk th d[inoBk Dr
CONST EST: $f91800: i. ili2ifsilate A.DP¢NOa_. ._
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CONSTRUCTION TBICUOLOO•IOS, LTD.
$?$41.1 soe1 Pluussat.a z.I$054
(181)1114111 111 (011)1114111
BotiemndAual
1W01(RF101,04,05,06609,&11)
WakrimReApmect Watexl'netxiffsztw/FgWatefne
PROJECY$A E: Home Road-Ayers St.to Fort Ave.
Cl*MCMNA SAUNAS CONSTRUCTION TECHNOLOGIES,LTD
peano aMo: 12/02/2014
SUBMITTAL DATE 02/04/2015
•
Tit 11A-01_WaterRe-AlignmentThdstingCcatiflicts_1406
MEMO/IY: JOSE LUIS Y.DAVILA
T1A Evaluation Summary
•
NTP: 10/27/2014.
Data Dates 02/01/2015
Pr&TIA ComPledoll DO: 05/24/2015
Post:1A Completion Data: 07/24/2015
Number of Days Impacted 45
Background: Description
____`As nese icr din KA-Mated II705120.14-,RFI &RFI O5 daT�d-12/03/2Q14-tnd REM-dated
12/232014 the existing gas and waterline conflicted with the proposed waterline. The waterline
was relocated to 2.0' from the ROW and it was discovered immediately after work began that the
proposed waterline realignment was now in conflict with the existing waterline. After exploratory
excavation to expose but protect the existing AC waterline, a third and final waterline alignment
was proposed,reviewed,and approved.
This conflict started on Dec 2,2014 and was resolved Dec 15,'2014. Work resumed Dec 9,2014.
Schedule was impacted(14)Calendar Days; .
Impacted lime three(3)existing abandoned live water services encountered and broken not located
or marked flooding waterline trench, damaging cement stabilize sand, stopping/delaying work
from continuing Dec 16,2014 tbru Dec 22,2014. Work was impacted(6)Calendar Days;
Continuing installation of realigned waterline impacted production inefficiencies caused by
existing live water services not located and or marked which resulted in additional band work to
exposed and protect these lines from Dec 23,2014 thru Jan 16,2015. Work was impacted which
resulted in productions inefficiencies of(15)Calendar Days.
Impact to the Schedule:
The existing AC Waterline Conflict TIA-01 delayed the completion of activity:
• DU-080 Install water services
• DU-090 Pressure Test Waterline and Services
• DU-105 Tie-In Water Main
Addition Work to Schedule:
• Placement Cement Stabilize Sand Waterline;
• Hauling off displaced spoil from waterline trench;
• Exploratory of existing wastewater Line B to verify the extent of existing damage;
• Temporary repair and preparation for proposed additional work;
• Addit' lanai permanent repair on Line B
Time extension for additional work(10)Calendar Days
Summarv:
Existing abandoned but live utility conflicts encountered and alignment conflict of existing
waterline and services delayed and extended the project completion dated. Duration of impacted
calendar days and additional calendar work day total 45 calendar days for this TIA.
I - NumbedVerelon 140e•TIA•01
Time Mnpewt Abair.-01 SAUNAS • - - TION TECHNOLOGIES,Lid Ren deb 02104/15
HORNE ROAD-Ayers 0.10 Part AVs.(Bond 2012) 3734 FM 3005 I Pies menbr_ 1A
Peed b Na: E12100 PESANON. I
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CWD'04 wow DAY CALE _NOAR 125• 0$• 46 10/17114 A 0604/16 524Fdr"-- -
• CWD-05 Coi* Tie 210 113 4e IWZTI14 A 06121115 •or
d
- CWD-01 CONTRACT WORK DAYS 0• 0• 100 02101115 0201/15 a CWO 01 CONTRACT WORK DAYS
CWD-02 CONIPAcrcoap GAR WORK OAY6- _ - 174•. 174•_ 0 02/01/15 07/84/16
C .03 CALENDAR GAYS 150 6U8)(210 QC. 0624/1016 174• 1� 1010
74 iT• 0 1/15 0%114/5
'MO006 :R1-01-M088QATION2' _ 0• 100 1&27114 A 10G014 9 APH-01 MOBILIZATION
4.140.010 •NOTICE TO PROCEED 0 0 100 10/27114 A TO PROCEED
MO-015 •NEBTALL ARRK'.ADES-SONS-PART•1 SOUTH -_ 1 0 100 1017x14 A 10/27/14 A ti&=BARRICADES IRONS-P -1 SOU111
4 M0020 .MOS _^� 1 0_ 1001007/14A 10127114A T 11 v
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- •PH-02 a UTILITY V
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Dl}p36 pE12AOLfTION 14A14_FR_FLATwORK_ __� ' 3• 0 100 10f1Sf14A -11/161 i♦ , -
DLL030 Pl+ee-DERAOLITKx4 a lrfiLE7Y WORK- (PART t� as• to n torten
410 �DBIOLITION-WLL140fF- 1J►TWORK
'x.040 MILLROADVIMY 3 0 100 11103114 A 1105/14 A 2 ROADWAY •
t_._._
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__I� O�WtEXTEI�18MeTARYSILVER LATERALS
':DU-O45 /MMA-a i1/PVC WATERLWE*GATE VALVE 1+72 S 0 100 12101114 A 120211;1-A DUt015'*LIne A-6 e1 PVC WA MQATE VALVE I+T2
_.__.Cana* AC AElibmen dlopped OU-045
•Exyaec.nBu,le,e.r,�,ticA�,nv.nl l.p)i eEwo4a_ 0 o. 100.12102/14'A,, 12nen4A • tjl r ■�
011-047 Collet-POTHOLE Oben,AC WelledkN RP_140 0_ 0• 100 12!11_2/14 A .-1 114 A _ I ' CalBet-POTHOLE pane AO Viable*RF!-05
OU-046 :PodConlhhConenelr.Lbs AVIlrben'OU•045, ___• 2'_ 0 , 100 12}01114 A 01100116 A � H ''Peet CaeeBal-Cenerus Una AVMs!**DU-045
•136-640 t3 Wier BuMoe beiim•Not Loolibb bil*d _ 0 0' 100 12r1er14 A 12/22114 A T 41 i OLN010•=z Wale/Senior Smoke-Not loosyddbreed
013-060 �eINGATEVALVE2+15 .___ 1' 0 1001211514A "12110/1410 r DU-06D'�'eINGATE VALVE 2+_!e
1 -• pll0 WBTALL WATER SERVICES 6 LONG-!
DU-010 i N4STALL WATER SERVICES 5 LONG S BHCRT, ' 2' 1? 50:12/0/14 A 020er16
DU-1-1-5 ANEW WATER 9ERVECE AND 011/t.WE _ 1 2 2 i 0`1]120/14 A 08116x1$ ,7 DLJ-116 NEVI WATER SERVICE AND 011/U
',OU-1111 Mead Poem TiOPDebi krLone WYAerObtain. : _ _1 _ 1, 0.121W14A :0772315 . _ __ DU-416Rood acme 7CPDMsybrLong 1
DU-10e /Ca/ct,kE,ido/ni Ski LMM B Rends In 1_NYf __ 10 10! 0'171/24/14 A 03102/15 ',AU-10S Cont rrEeieeeq Sin Line B Bee
_ _.
•
OWES�8 ed DATE VALVE 10+25 ._,_...,,..._.. �2_ 0'_ 100.0-1-105i, 01105/$10 .__,"._I� 011-075011-075111.e W 07GAS VALVE 1M76 _
'••-MI6IE$MITE0±00 _ _ _._. . .__s..._ 0; 100 .01105115A . _111 f r. Ofi0eiAra0lxbP4MiTEEs+0o
013-066 'FIRE HYDRANT2+7e 1_ 0" 100'01107/15A 0107/15A _ II1 • DU-056*FIRE H�ORANT2+25
i 01)-050 PM iYOR 4T 6+20 1 0 100 01101316 A 01r05M5 A '11 ,DU.O FIRE it4T 6+25
' 66570_FIRE HYDRANT 6402 _ 1- . 0 100.01/0015 A 0106x15 A _ ill
•d1070•�FERE HYDRA f 6402
,011.060 "PREa5UIRBTarrwATEALINE_ANDwarocES - . 2 0• 10001n11115A 01121115A 33 021000• .PIESRURETEBTWATERUI ANDBERVICEJ
DU-130 INSTALL.S FT CUR_d NN.ETS,LATERALS_ 4 0 100'01/1015A 1 O1/2W16 A iii DU-136 ;14TALL 6 FT CURB INLETS,LATERALS.EXTEJ
- DU-131- Wad 0 I
OU-131 CexelldMYElieenp UO U Nal LAoeUdlhAnit .••._.0__ 0_ 0:01/Mn5A 03/1Wt$
;:41;04756 chin.OIMr$0-01 PoerolMeq F. ne Vftle0M 4 4 0 07107115 02106x15 I ' . 'O'er �1I Order Ne-01 ble Ws
1.;DU-006 0 IN PVC WATER LINE 1 1 0 02110/15 02/10115 DU4166V 6 IN PVC WATER LINE
'ECU-005 DISWFECTION ANALYSIS TEST _ 2 2 0 0211111 '5 02112/15 ' 0IeIMRR'T10N ANALY818 TEST
T"DU•100' Lint B-0'PVC(SDR 2 eewer Llne a/AH-511074 2 2 • - 0 02111/1 5 07/12/15 Ii I . , DU-KOV Line B•r PVC(80R 26)Sewer Line a
LI.DU-105 T1EIN WATER'MNNS 2 EA _ 2 i 0 02/10/15 OT11mO !j .. . DLI
�1011-.N.TIE I WATER MA$IB 2 E'
2 0U-120 ABANDON EXISTING WATER UNE:4 t_ --1 0 moo 02/24/15 - -_"'1RD__ABANDON EXISTING WATER UN
-air*deb tGQ7fl4 M .-• ' •
`L,rt"- _ OM pear I• br • Summary point
Rabb d f 072' - - 14os7U2 SAUNAS CONSTRUCTION TECHNOLOGIES I btWpoint .—-Sweesrybre • 8btmisebeepoiit
altar: ;o2e0En5 _ . 14o0.TM-01 HORNE ROAD-Ayers St.to Port Ave ' Ems' A FFm,. pad • Finish11 one paid
O Ab ri SyleeK Mc. 121(4 NMI ' bar ♦ Cribb pobt
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NumWrNonion 1400TIA-01
HORNE ROAD-Ayers Si.b Pott Ave.(Bond 2012) SALINAB =IOM TE CI.t HNOLOGIEB,Ud Run deb 02/0015
Prsjeel No.: E12100 3� 1i.t„711064. i O R Bynumber �MIM,Ittc
•
---41)WORK DAY CALENDAR
J Contract Time 1
illICCINTRACT CALENDAR WORK DAYS
',CALENDAR DAYS(180 SUS)(210 G.C.)002412016
WORK(PART 1)
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dale
HORNE ROAD-Arm SL b Pat Ave.(Bond 2012) 3134SAUFlS S WN TECHNOLOGIES.LN
A 3008 Run
02sDVIS
28
Pict No.: E/2100 PLEASANTON.TX r7O Pflm a SVlMl.NMC.
Y •
•VCP SAN SWR 0+74-34011
1.130 58 Inlet Lan i .
IADWORK(PART 1)
-MPH-BASE
VD GUTTER
1IOEWALKS DRIVEWAYS ,
ONE COURSE SURFACE TREATMENT
E 0-
RANSFER TRAFFIC(PART 2)
TRAFFIC CONTROL FOR PART 2
'H-05-DEMOLITION&UTILITY WORK(PART 2) I
TION HAUL-OFF SW OW
:OAOWAY i,
6-ir PVC SEWER Mo 10+33 b MH-3 MN 7+50 11
A-15'BWRshT+60bMH•2TI4nLlnoB (f. _ .
eA•15"BWRale 8+20bMH-1Mi1487
IEWER SERVICE RECONNECTIONS(11 EA) I
tENSITY TRENCH TESTING COMPACTION 3
f,
TESTING SANITARY MAIN a MANHOLES
4 P14-08-FORCE MAIN BYPASS(PART2)
ir FORCE/MIN BYPASS 12'(C-000)W 0+00-3+50 I i
IF TESTING
`PAVEMENT REPAIR-PORT AVENUE I.
is
.,..,;._..--- .._•P407-ROADWORK(PART 2) I
7 ROADWAY E-XCAVATIONO AND EMBANKMENT
POW SUBORADE PREPARATION r
255- GEOGRIQ-10'CEMENT TREAT ASPH-BASE j
R132-300'Y PRIME COAT t;
•
.11132-308-W INSTALL.CURB AND GUTTER 11
WO-310W CONCRETE SIDEWALKAND DRIVEWAYS
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802.325 V HMAC TYPE B
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R02-3351/ADJUST MANHOLES a VALVES i j
R02-340VPAVEMENT MARKING -.__ _
1I
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Hunter inion 1A1
SAUNASHORNE Proleat No.: E•Avant
01.b Port Ave.(flood 2012) ,I TION TECHNOLOGIES,Ltd Ria nu 0AD4115
3734 FM 500 Pigs numbs( 3A
PLEASANTON.TX r ,CO( A%MMoe,Nt0.
FC 400 P1t-011-FIf4ALCOMPLETION 10• 10 0 07113110 07134116 0
FC-410 FiNAI.PAVEMENT MARKINGS a SIGNS 2 2 0 07/13115 0711415 0'
'
FC-420 SUSSTAIJCW.COMPLETION 1 1 007116116 07115115 0'l
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t PG440REMOVE"MP i UNN E55MY SARRICADEB 2 2 0 07=15 07/23/15 0
FC-460 SCHEDULE FINAL WAUITHRU-00105 1 1' 007124/16 07124115V 01 ,
10,1
FC.600 PH-00-Sal PROJECT 0• 0• 007/24115 07/24115 0!
FC-616 PROJECT F1NAL-aeu.PROJECT 0- 0 0 071241/5
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NumberNonion 1405-TIA 01
HORNE ROAD-Ayers St.to Pott Ave.(Bond 2012) • SALINAB GONrTR TECHOLO
NGIES.Ltd d 02!04!15
3734 FM 3000 1! PsOraRun sM rNnr»t 311
Pr°014 a.: E12100 PLEASANTON'TX 40054 O PdnNwra Sydow'Ina
FC-4001F—IIP PH-00-FINAL COMPLETION •
FC-410cV FINAL PAVEMENT MARKINGS I SIGNS i;
FC-4201F S JBSTANCIAL COMPLETION
FC-430•W FINAL CLEAN-UP AND PUNCHLIST WORK
PC-44011,REMOVE 0W3P i UNNECESSARY BARRICADES
FC-450V SCHEDULE FINAL WALK T11RU-00.108
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FC-5004111 PH-00-SELL PROJECT
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FC-610it PROJECT FINAL-SELL.PROJECT I'
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1.7 uR BA NI
ENGINEERING JobNo.42a48.00.00
J
March 5,2015
TRANSMITTED VIA EMAIL
AND ORIGINAL MAILED
Jerry Shoemaker,P.E.
City of Corpus Christi
P 0 Box 9277
Corpus Christi,Texas 784699
Subject Waldron Road from Caribbean Drive to Genoa Drive(Bond 20141
City Project No.:j;13099
Dear Jerry:
Pursuant to Section 004516 Statement of Experience; Urban Engineering has reviewed the two
supplied experience records from two low bidders. The third low bidder has not submitted their
experience record and is therefore disqualified from consideration of award of the Waldron Road
(E13099)Bond 2014 projectThe two low bidders that have submitted experience records are from
Salinas Construction Technologies,LTD and Berry Contracting,LP-DBA Bay LTD. Urban Engineering has
reviewed the bids and experience records as submitted and provide the following recommendation.
Salinas Construction Technologies has current contracts with the City of Corpus Christi(Home
Road)and Texas Department of Transportation(Gregory ramp reversal). These projects are behind
schedule and the contractor does not have or has not committed the necessary resource ttrpu - _.._
Construction Technologies is contracted
d has been forced to file a failure to perform complaint with the
bonding company. This project is currently in Litigation. The last project completed by Salinas„
Con oaTechnokrgiesforthe=Citi•ofC-orpusChheistiWi tied~-Green PlS fTn'2009-3010wWich—
-- --
was also completed behind schedule. Additional information provided In the experience record
indiates projects with TOOT that have been completed were also behind schedule.
The Waldron Road project for which contract award is being considered is a major arterial
feeder road to the Flour Bluff independent School District facilities. Project scheduling is a critical
element and has been established to accomplish,to the extent possible,work in the summer months to
minimize disruption to school traffic and activities. The allotted project days are very short and the
awarded contractor will be required to devote significant resources and capabilities to complete within
the stipulated contract days. Project design is also optimized to minimize construction delays. The
design incorporates local methods of construction,cement stabilization of existing base and sand,In an
area with a high water table that requires local knowledge and experience. The experience record
indicates that Salinas Construction Technologies does not have demonstrated resources or capacity to
accomplish required work within mandated schedules nor does it have requisite experience working
with and in the materials particular to this project location and design.
(361)854-3101 2725 Si#NTNER DR.•CORPUS CHRiSTLTEXAS 76404 FAX(961)854-6001
www.uthaneng.com
TBPE Fkm#145
DRS Firm#10
Urban Engineering does not recommend award of the Waldron Road project E13099 to Salinas
Constructions Tedmotogies based on the following reasons.
1. Demonstrated lack of performance in maintaining schedule on an on-going project with the City
of Corpus Christi and others.
2. Non-performance and current disbarred status with another municipality due to current
litigation.
3. Lads of experience with proposed construction techniques.
The reasons stated above are suffident under Section 00 2113,Article 21 Rejection of Bid,paragraphs
21.01 and 21.02 to warrant the City of Corpus Christrs rejection of the bid from Salinas Construction
Technologies.
Urban Engineering recommends award of the Waldron Road Project E13099 to the second low
responsive bidder,Berry Contracting,LP-DBA Bay LTD. Urban Engineering has reviewed the bid and
experience records of Berry Contracting,LP Bay LTD,and is of the opinion that they have the requisite
experience,resources and capabilities to perform the contract as bid and scheduled.
•
Sincerely,
URBAN ENGINEERING
--7
Murray F.Hudson, P. E.
MFH/ek
Enclosure
xc:Salinas Constructions Technologies,LTD
Berry Contracting,LP-DBA Bay LTD
HERRERO & LOFTIN,PLLC
Abel Herrero Attorneys at Law 606 N.Carancahua,Suite 506
abel(4herrrrolnfrin.com Wilson Plaza
Corpus Christi,Texas 78401
Jennifer K.Loftin Phone: (361)882-1882
iennifer@herreroloftinrnnn Facsimile: (844)270-4827
April 23,2015
Via.ReeuIar Mail
And Via Email:JeffrevE@cctexas.com
City of Corpus Christi
1201 Leopard Street,3rd Floor
Corpus Christi,Texas 78469-9277
Attn: Jeffrey H.Edmonds,P.E.
Director of Capital Programs
Re: Salinas Construction Technologies,LTD.bid for
Waldron Road from Caribbean Dr.to Glenoak Dr.
Bond 2014/City Project No.E13099
Our File No.: 14.017
Dear Mr.Edmonds:
On behalf of our client, Salinas Construction Technologies, LTD ("Salinas"), we submit
the following additional information in response to Urban Engineering's letter, dated March 5,
2015,signed by Murray F. Hudson, P,E., regarding its recommendations for the Waldron Road
Project referenced above ("Urban's letter"), and as a follow-up to our meeting in the City
Attorney's office on March 30,2015. As you are aware,in recommending to the City of Corpus
Christi ("the City") that the Waldron Road Project E13099 not be awarded to Salinas, Urban
._.Ween rdontifed thrw-restitts. However, as=noted-in our-letter-dated-March 17, 2015; - -=-
because those reasons listed are misleading,inaccurate,or false,as it relates to Salinas,we strongly
request that you disregard Urban's letter completely. In addition to re-urging the points made in
ourivlarch-l7;2015;letter—we=provide=additional-information=as-noted below:
MISLEADING:
In addition to the documents previously provided to indicate that Salinas' work was
completed pursuant to adjusted contract times made through change orders,Salinas makes note of
the following timelines related to previous and on-going projects:
On the Greenwood Project,the Notice to Proceed(NTP)was issued on 04/14/2008 and the
Project Final Walk Through was on 08/06/2010(845 Calendar Days from NTP to Project Final).
This is 164 days ahead of schedule.
1. Original Contract Time = 364 Calendar Days
2. Change Orders#1 -#15 = 645 Contract Day Extension
3. Total Contract Days = 1,009 Adjusted Contract Time
April 23,2015
On the Home Road Project,the City currently has two'lime Impact Analysis for conflict
and delays causedbyexisting utilities and additional change order work.
Documents substantiating these timelines were previously provided. Moreover,given that
those documents are within the City's project files,we refer the City to those project files in their
entirety.
Therefore, we once again argue that to imply that Salinas is incapable of maintaining a
project on schedule is misleading because factors beyond Salinas' control have in fact been the
cause for delay.
INACCURATE:
As previously noted, Urban Engineering is also inaccurate in alleging that Salinas is in
"disbarred status"with another municipality because of"non-performance"on its part.Salinas is
not aware of any"disbarred status". Moreover,pursuant to the terms of the contract with the City
of Seguin,because Salinas had fulfilled its obligations but had not yet received payment for its
completed work,Salinas was required to initiate a suit to recover monies owed to it by the City of
Seguin. As discussed in our meeting with Veronica Ocanas and Miles Risley,another attorney,
Sylvan Lang, is representing Salinas in that matter. It is my understanding that Mr.Lang has
recently reached out to Ms.Veronica Ocanas in aneffort to answer any additional questions the
City may have related to the City of Seguin. Please feel free to communicate directly with Mr.
Sylvan Lang at Lang Law Firm,PC, 13409 NW Military Hwy, Suite 210,San Antonio,Texas
78231,Telephone 210-479-8899,Fax 210-479-0099 and email sylvan@langfirm.com.
FALSE:.
ltilrbale4, *Altolabilaatly:.ta whoa it claims_:that Salinas lam:"experience.with. - - -
propmed 12311Structitin linIgw ,Ifo dtfly`does Satifiarhave experience with the proposed`
construction techniques, but it also has successfully utilized them in areas close to the Waldron
Road Project. Specifically,two of the projects completedby Baine for_the C ty have been Catcpy- _-
& Azores and.Jamaica & Caribbean, which had all of the underground utilities removed and
replaced-in-place with handling of the existing ground water table. Both had flour bluff sand that
wascement stabilized and were overlaid with hot mix asphalt. This work,material,and technique
is identical to the Waldron Road Project. In fact,the Waldron Road Project is an extension of
these other two projects.
In addition, in the completed Greenwood Project bandy successfully by Salinas, the
subsurface detail work is also identical to the Waldron Road Project. The existing material was
cement stabilized and overlaid with hot mix asphalt while leaving the existing curbs in place. This
work was accomplished half the road at a time,such as required on the Waldron Road Project.
Documents substantiating this information are contained in the City's project files relevant
to each project. Please refer to those project files in their entirety.
April 23,2015
This completed work history verifies that Salinas has a successful and proven history of
experience and knowledge working with conditions,materials,and techniques such as those of the
Waldron Road Project. Therefore, Urban Engineering should not be permitted togive false
information in denying Salinas the Waldron Road Project,
OTHER FACTORS:
As you are aware,under Texas law,a contract must be awarded to the lowest responsible
bidder since the Waldron Road Project is a contract for the construction of
"..,streets .,.utilities...etc." As such, given the information available to the City,we note that
Salinas' bid remains the lowest responsible bidder.
We thank you in advance for your time and consideration.
Yours truly,
(41
Abel Ben=. ,
Jennifer K.Loftin
AHlps
cc Via E :MilesR@cctexas.com
Miles Risley
Veronica Ocanas—Via Email:VerouicaO@ectexas.com
Janet Kellogg—Via Eab&JsnetKecctexas;conr
City of Corpus Christi Attorney
120 North Chaparral,Room 240
G T $�16
Via Ell RonO@cctexas.com
Ronald L.Olson
City Manager.of Corpus Christi.
1201 Leopard St.
Corpus Christi,Texas 78401
Via Email:GustavoGo@cctexas.com
Gustavo Gonzalez,PE.
Assistant City Manager of Public Works&Utilities
Vat Email:ValerieGecctexas.com
Valerie H.Gray,PE.,
Executive Director of Public Works
Via Email:JerrvS2@cctexas.com
Jerry Shoemaker,P.E.
former Interim Director of Capital Programs
EXHIBIT C
Home Road —Ayers Street to Port Avenue (Bond 2012) (Project No. E12100)
1. Letter from Naismith Engineering Inc. dated March 24, 2015, RE: Project
Observations and Concerns
2. Letter from Naismith Engineering Inc. dated May 15, 2015, RE: Project
Concerns
4.
Na smith Eng neer ng Inc
ARCHITECTURE.ENGINEERING■.ENVIRONMENTAL*SURVEYING
TBPE FIRM NO. F-355 '" TBPLS No. F-100395-00
ESTABLISHED 1949
OVER 60 YEARS,OF ENGINEERING EXCELLENCE
March 24, 2015 flECEIVEI'
MAR 2 7 2015
Mr.Daniel Salinas
Salinas Construction Technologies, Ltd.
3734 F.M..3006 BY:
Pleasanton,Texas 78064
Re: Home Road Construction (Project No. El 2100), Bond 2012
Project Observations and Concerns
Dear Mr.Salinas:
In accordance with your firm's contract with the City of Corpus Christi, Texas (City)for
the construction of improvements to Home Road, Naismith Engineering, Inc. (NEI) and
the City are concerned that the construction of the above referenced project will not be
completed within the projected timeframe outlined in your contract. Our observations at
the project site indicate that there have been extended periods after your firm received
its notice to proceed when there has been no work performed at the site during periods
of acceptable weather. We have also observed that during periods of inclement
weather, there were minimal or no efforts made by your firm to attempt to mitigate the
effects of the inclement weather, such as pumping off accumulated storm water. In
addition to negatively impacting the project schedule, this has created significant
hardship on n the local businesses that rely on the section of Home Road occupied by
thiel ..p ect for i liiiellhsdd beiack_of
adequately maintain the project site have become a public affairs nightmare for the City
of Corpus Christi.
The.Agreement with the City includes 180 Calendar Days to reach the Substantial
Completion of.the project. Based on a start date of Monday, October 27, 2014, the _
original substantial completion date is scheduled to be on Friday, April 24, 2015. The
original construction schedule submitted by Salinas Construction dated October 27,
2014 indicated that the Substantial Completion date would be April 27, 2015, coinciding
with the required Substantial Completion date.
A projected Substantial Completion date of April 27, 2015 leaves roughly 34 calendar
days from the date of this letter left to reach the Substantial Completion Date. Our
observations and measurements indicate that without the Mobilization value, less than
11% of the construction work has been completed to date. While we are in general
agreement that some additional days are due for items related to a proposed change
order and some weather delays, we still feel that the project appears to be substantially
4501 Gollihar Road.Corpus Christi,TX 78411 a 800-677-2831 361-814-9900 Fax 361-814-4401 a naismlh-engineering.com
Mr. Daniel Salinas
Salinas Construction Technologies, Ltd.
March 24, 2015
Page 2 of 4
behind schedule and that continued construction effort representative of your firm's prior
work on this project will result in your firm exceeding the agreed project schedule. As a
reminder, your firm's agreement with the City stipulates that your firm shall pay the City
(as project Owner)$785 for each day that expires after the date specified for substantial
completion until the work is substantially complete.
At this time,we are in the process of evaluating your proposed claims for additional cost
associated with several construction items as well as the addition of additional contract
time to account for inclement weather. The proposed change order was originally
received by the City inspection department but had not yet been reviewed by NEI. A
copy of the change order was made available for our review after our biweekly
construction'meeting° on Monday, March 2, 2005. A copy of a time impact analysis
prepared by Salinas and dated 02-04-15 was also made available for review. Based on
our review we identified two major items related to your claim for additional cost
resulting from what you believe represents additional work. A request for clarification on
the two items was subsequently submitted to Salinas for clarification.
• Change Order Item 3 was for cement stabilized sand that was washed
away by the broken service line. We have no way to confirm the actual
amount of sand.
• Change Order Item 4 was for exploratory excavation. We are not in
agreement that payment for this request is due. Furthermore, the value of
$5,865 seems excessive for exposing a waterline. at 6 locations having
only 3' of cover.
__..,Although-a resaponse vvas: rodded to clarify these:concerns;we are.not in-agreement „,,,L=-
that these items warrant additional costs and additional time under fhiTemis of the
contract.
We also reviewed the time impact analysis (TIA) and do not agree that 45 Calendar
days is warranted based on the information provided. One of the items on the TIA
included (15) Calendar Days related to production inefficiencies resulting because-of the
concerns with additional service lines. We need clarification on this request. It appears
that the actual installation time in the field was substantially less based on the daily field
reports. Another 'item includes a request for six (6) calendar days of downtime while
repairs to 3 small service lines was completed by the City. We believe this is an
excessive amount of time for this item. Based on our review of the TIA,we feel that only
20 additional Calendar Days are warranted out of the 45 additional calendar days
requested.
Rain days will be incorporated into the change order in accordance with the terms of the
contract. Based on the Inclement Weather Letters provided by Salinas, there has been
NaismithEngineer-.ing,Inc
ARCHITECTURER ENGINEERING R ENVIRONMENTAL.SURVEYING
Mr. Daniel Salinas
• Salinas Construction Technologies, Ltd.
Mardi 24,2015'
Page 3 of 4
roughly 34 days identified since the start of the project However, based on the City's
Power Street rain gauge there has been 11 days having in excess of 0.5" of rain since
the start of the project. As you will recall, the Power Street gage is specified in the
agreement as the based for determining inclement weather days due to rain. Based on
the daily field reports from the project site, there has been roughly 18 days identified:
After comparing the 3 side by side as well as the overlap of rain days with other delay
days, we believe that 18 additional Calendar Days are warranted for Rain Delays out
of the 30 calendar days identified in your Inclement Weather Letters.
On Wednesday, March 19, 2015 I visited two construction sites to evaluate the impact
of the overnight rain event the Home Road project and another City street project under In
construction 'concurrently. At the'other City construction site, the Centrector's crevvs "
were busy pumping water, cleaning up mud and preparing the site to complete some
additional work. At the Home Road site, for which your firm is responsible, there was
no activity. We observed that the site was holding water, the roadway was full of
material blocking drainage, the gutters were holding material blocking drainage and
previously completed pavement repairs were failing. Vehicles were meandering
through the roadway and ponded water attempting to avoidthe hazards, A construction
tractor was parked in 10" of standing water. Subsequently that same tractor leaked
hydraulic fluid into the standing water in the Public R.O.W., on Friday, March 20th, 2015.
Your firm has been asked by our inspector and by the City to meet the requirements of
your agreement to fully maintain the site including the Traffic Control devices, SWPPP
and pavement repair Your firm's current efforts are not meeting the terms or the intent
of your agreement with the City.
-.-_ _-==lp the;early-hours_of Friday,-:March.1.3,-2015 the utility-contractor.hired:-by Salinas. -
Construction completed a-Watelinelr'e=in. The intent-of the tie in was to connect a new
8" PVC line to an existing asbestos-cement (AC) waterline. The existing AC line had a
_._mechanicaL-joint.tee wbich_conne tedio an:existing_fire:.hydrant assembly._W_e.meLin
the field with representatives of your firm and your subcontractor and reminded you
about the procedures specified in the contract documents that prohibit the field cutting
of AC pipe. The scope of work for this connection discussed in the field was to remove
the tee and use the end of the existing AC line as the connection point. The utility
contractor disregarded this agreed work plan and cut the AC line to make the
connection. This is: decision was not his to make, and the alternate work scope he
executed does not comply with the terms of the contract. Furthermore, the process of
cutting the line was completed with what appeared to be non-trained personnel without
proper Personal Protective Equipment (PPE). The cutting of the pipe requires workers
with specialized training using wet work procedures to cut and remove the pipe. We will
need some documentation from Salinas that the workers and that the superintendent
has received the proper training and that the proper methods were utilized. The
approved methods are governed by the National Emissions Standards for Hazardous
Air Pollutants (NESHAP) and the Occupational Safety and Health Administration
NaismithEngineeringIn
ARCH1rEC UREIIENGINEERINGiEENVIRONMENTAL■SURVEYING
e
Mr. Daniel Salinas
Salinas Construction Technologies,Ltd.
March 24,2015
Page 4 of 4
(OSHA). Furthermore, leaving sections of cut pipe and cuttings at the site could be
considered contamination of the site and could require more stringent cleanup efforts.
Another item we have previously discussed with your firm is the presence of a qualified
Project Superintendent on the project site, as required by the contract documents. At
the bi-weekly construction meeting on Mondays March 16th, 2015, Mr. Pedro Gonzalez
indicated that he was acting as the Project Site Superintendent. We have no
information about his credentials. Until such time as your firm can produce
documentation that confirms he is qualified to represent Salinas Construction as the
Project Site Superintendent, he is not approved to serve as the project superintendent.
You submitted an email with Mr. Gonzalez resume on Friday November 11th, 2014 and
it indicated'that-he would be an Assistant to the team; 'Not a Site Superintendent.The
original person submitted to be the Superintendent was Mr. Octavio Garza. We have
not observed Mr. Garza as present on site in quite a while, With Mr. Garza's absence,
and the individuals present on the site not documented as meeting the requirements of
the agreement, the lack of a qualified superintendent does not comply with the
requirements of the contract documents. On a related note, the Superintendent or his
designee is to visit the site even if there is no construction activity going on. Your firm's
qualified superintendent is still responsible for visiting the site on a daily basis to confirm
that all TCP items are in place.
The majority of the items or concerns covered in this letter have been discussed with ;
you and your representatives on numerous prior occasions including at the biweekly
construction meetings or by correspondence. it is imperative that your firm provide the
proper level of resources to complete this project within the agreed timeframe. We look
onntard:to:1prompt:_response_oahow:,you-intend_:to.meet the :terms:--of the-agreement-= _- ,ice -
and coir platethWi pdttant-project-flocthe-City of-Corpus Christi:-We Stand-`ready10
assist in any way that we can.
Sincerely,
NAISMITH E 1 1 E ING, INC.
&ittu
Wilfredo Rivera, r., RE.
Project Engineer
Cc: Jerry Shoemaker, City of Corpus Christi Capital Programs
Phil Boehk, City of Corpus Christi
Kent Powers, City of Corpus Christi
Z:19008-Home Road(Ayer to Pod Avenue)1CorrespondenceeSa!(nas-001(rev 1).doc
NaismithEngineering,Inc
1111.011 ARCHITECiURE■ENGINEERING it ENVIRONMENTALISURVEYING
2
NasmithEngneerngInc
ARCHITECTURES ENGINEERING IS ENVIRONMENTAL II SURVEYING
TBPE FIRM NO. F-933 •• - TBPLS No. F-100395-00
ESTABLISHED 1949
OVER 60 YEARS OF ENGINEERING EXCELLENCE
May 15,2015
TRANSMITTED VIA E-MAIL: dsalinasrasctitd.com and by U.S. MAIL-CERTIFIED
Mr.Daniel Salinas
Salinas Construction Technologies, Ltd.
3734 F.M. 3006
Pleasanton,Texas 78064
Re: Home Road Construction (Project No. El 2100), Bond 2012
Project Concerns
Dear Mr. Salinas:
In accordance with your firm's contract with the City of Corpus Christi,Texas(City)for the
construction of Improvements to Home Road, Naismith Engineering, Inc. (NEI)and the City are
gravely concerned that you are not showing an increased effort to attempt to get the proJect
back on schedule.
On Tuesday, May 5, 2014 a meeting was held with Salinas Construction, your legal counsel
(Mr.Abel Herrero)along with representatives of the City, City Attorney's Office and Naismith
Engineering, Inc.. Numerous concerns were discussed at the meeting. However, everyone
agreed to work together to move the project forward.
_.Qne of the Items dispussed_inras theissuance of a change order for rain days. Mr,Jose Luis
Davila submitted-a-time-impaotana ysis-for-weather-days-on-Wednesdays May-6-"'—for-NEi.review -----
and:approval. NEI reviewed the analysis and after deleting days which were not in agreement,
It was agreed that43 rain days were due for the period from October, 2014 through April, 2015.
A-change=orderwas-prepared-and submitted to-Salinasfor-siignature on-Wednesday,-,May-le,- --------
We are awaiting a signature from Salinas in order to execute the rain day change order. On a
prior Change Order, Salinas had opted to strilcethrough some standard language. The
strikethrough was rejected by the City and subsequently Salinas executed the Change Order
without the strikethrough. Please note that if Salinas modifies the standard wording again by
staking through, then the Change Order will be rejected again and may not be re-consideredfor
approval.
A second item discussed and requested was an updated project schedule which showed an
increased effort in order to get the project on an acceptable schedule. The schedule was to be
submitted within a week of the meeting. On Tuesday, May 12th,Mr. Jose Luis Davila submitted
the updated schedule via email to Kent Power and was copied to others. On Wednesday, May
12"'Mr. Kent Power responded via email that the revised schedule was notacceptable for
numerous reasons and asked that it be revised. In addition, Bid items A-92 through A-96
"Existing Box Culvert Repairs"were not incorporated into the submitted schedule. The City is
waiting on a response to the schedule revisions requested.
4501 Gollihar Road.Corpus Christi,TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 • naismith-englneering.com
May 15,2015
Mr,Daniel Salinas
On Thursday, May 14th, 2015 Salinas Construction was on site with a minimal crew doing
minimal work. The work included installing some concrete blocking on waterlines which should
have been installed several weeks back when the lines were initially installed, The crew also
completed some pavement repair. Our inspector was notified that cement stabilized backfill
was not available to Salinas and therefore it hampered your ability to continue work. Please be
reminded that properly scheduling materials required for completion of the work in a timely
manner is your responsibility. It will not be considered an excuse for not completing the work.
We need to re-iterate that the effort being put forth by Salinas Construction is NOT considered
adequate to"Recover the project schedule, As expressed by Salinas Representatives at the
meeting on May 5,2014,the level of effort was to.be Increased. This hasnot been the case
during the course of the last 2 weeks.
It is Imperative that your firm immediately marshal its resources and proceed to meet the
accelerated schedule as soon as possible. Your proposed schedule andyour representatives
indicate that you will be working on Saturday, May 16". Failure to do so will be interpreted as
your failure to comply with the agreement to step up the effort.
Your immediate attention to these matters is required.
Sincerely,
NAISMITH , EERING, INC.
1.,(ii7(
Wilfredo 'vera,Jr., P.E.
Project Engineer
—Cc.----Jerry-Shoemaker,rCity-of-Corpus-ChnstrCapital-Programs—
Phil Boehk, City of Corpus Christi
Kent Powers, City of Corpus Christi
Marcos-Luna-,Naismith-Engineering,Inc. -- — - —
Jose Luis Davila, Salinas Construction Technologies
:lConstrucgonlSalinas402
ryll Naismith Eng i neeri ng,Inc
MIMI ARCHITECTURES ENGINEERING IN ENVIRONMENTAL.SURVEYING
EXHIBIT D
Pleadings filed in Salinas Construction Technologies Ltd v. City of Seguin
_ _ _
1
•
Electronicaly Filed
1111W2013 3;33:04 PM
Debra Crew
Guadalupe County District Clerk
CAUSE No.13-1957-CV Jessica Hargrave,Deputy
SALINAS CONSTRUCTION § IN THE DISTRICT COURT
TECHNOLOGIES,LTD §
v. § 25th JUDICIAL DISTRICT
THE CITY OF SEQUIN § GUADALUPE COUNTY,TEXAS
SAUNAS CONSTRUCTION TECHNOLOGIES,LTD'S
SECOND AMENDED ORIGINAL PETITION
COMES NOW Plaintiff SALINAS CONSTRUCTION TECHNOLOGIES, LTD
(hereinafter referred to as "Salinas") files this,its First Amended Original Petition,and would
assert as follows:
PARTIES
1. Plaintifr,Salinas Construction Technologies,LTD is a Texas limited partnership
with its principal place of business located in Bexar Cotnrty,Texas.
2. Defendant, The City of Seguin (hereinafter referred to as "the City" or
"Defendant"} a political subdivision of the State of Texas has been served through service of
process_ou theCity's_SecretW,Thalia PaflIn Stanizenberger, 205 N, River St., Seguin,Texas
78155 and has entered an appearance to this case through counsel
VENUE&JURISDICTION
3. The Court has jurisdiction ovor the parties because they are all Texas residents
and/or reside in the state of Texas.The Court has jurisdiction over this controversy because the
damages sought are within the jurisdictional limits of the Court.
4. Venue over this action properly lies in Guadalupe County pursuant to §15.0151
of the Texas Civil Practice and Remedies Code, because the Defendant is a municipality of the
State of Texas,which is located in Guadalupe County,Texas.
DISCOVERY CONTROL PLAN
5. Salinas intends to conduct Level 3 discovery pursuant to Section 190.4 of the
Texas Civil Practice and Remedies Code.
NO SOVEREIGN IMMUNITY
6. Pursuant to Section 271.152 of the Texas Government Code, a local
governmental entity's purported immunity from suit has been waived by the Texas Legislature.
NATURE OF DISPUTE
7. On or about November,2011,the City of Seguin contracted with Salinas for the
construction of street, sewer and water system improvements for the Geronimo Creek Sewer
Project in the City of Seguin(the"Project").
8. Salinas properly provided labor, materials and other services in a good and
— _workmanlike manner.for the benefit of the City on this,Project but has not been paid for same,
Salinas has invoiced the City for the work it performed at the request and direction of the City,
______. – but the Cify has refused-fo pay these invoices;whicli are now-past-due-and'owing:The-C ty-has-------
also wrongfully terminated Salinas.
9. The Project involves the design and construction of approximately 800 L.F. of
18"gravity sewer,660 L.F. of 15" gravity sewer,4,260 L.F. of 12"gravity sewer, and 6,110 L.F.
of 8" gravity sewer main. In addition, approximately 2,940 L.F. of 6" water main and 920 L.F.
of 8" water main are included in the Project. The City provided plans and specifications
insufficient to construct the Project. In addition, the City furnished a geotechnical report that
inaccurately depicted the ground conditions which has caused and continues to cause substantial
delays to the Project.
FACTS
10. This suit arises out of a dispute over a construction contract ("the Contract") for
the construction of the aforementioned Project. The plans and specifications ("Specifications")
for the Project were designed and sealed by TRC Engineers, Inc. ("TRC"). Work began in
March, 2012 and, under the terms of the Contract, was to be completed in March of 2013.
Salinas' scope of work involved the installation of a main sewer line and residential streets in a
subdivision located in the city of Seguin,Texas.
11. The Specifications prepared by TRC contained several deficiencies which
rendered portions of the project virtually impossible to construct. By way of example only,TRC
failed to specify an appropriate type of pipe for the main sewer line resulting in water and silt
infiltrating the sewer line in numerous places; the designed slope of the sewer line was
inadequate for the line to drain properly; and, the trench base design was insufficient to support
.-—the-.weight of the fill material causing the,sewer line to sink into the,sub-base, These issues and_-.__.. _ _
others resulted in substantial delays and extra work on the project.
12. &dings was ultimately{able to complete msfallation orthe sewer line,and—
performed and passed all specified tests to demonstrate That the line was installed correctly.
However, the City rejected the sewer line installation based on alternate tests which are not part
of the Contract with the City or Specifications provided by TRC. Salinas performed extra work
attempting to address the City's concerns about the sewer line but the City rejected properly
performed work that is in full compliance with the Specifications.
13. Due in large part to the deficient design, Salinas failed to complete the project by
the scheduled completion date. Salinas requested additional time to complete the project in
accordance with the terms of the Contract but the City denied Salinas' multiple requests and
wrongfully withheld liquidated damages from Salinas' progress payments. Further, due to
alleged defects in construction—all of which arise out of the defective design the City withheld
substantial payments for work in place.
14. Despite Salinas' adherence to the terms of the Contract and its willingness to
continue to perform work at the Project site notwithstanding the City's unreasonable
administration of the Contract and its provision of defective Specifications,the City wrongfully,
and without just cause,terminated Salinas on October 8,2013.
THEORIES OF RECOVERY
BREACH OF CONTRACT
15. Salinas entered into a valid contract with the City to provide labor and materials
in connection with the Project, in return the City agreed to pay Salinas for its work and services.
- , _ —As such,the_City ts,.a,pryer party, to_sue for_breach_of the Contract._Salinas has_properly
performed work under the terms of the Contract and has subsequently invoiced and demanded
payment from the City or ew r c performed-in accordance-with`the-terms-ofthe Contract—The
City's refusal to grant reasonable time extensions, and to timely pay Salinas for work in place
constitute material breaches of the Contract.
16. All work and labor provided by Salinas at the City's request on the Project was
performed in a good and workmanlike manner. All goods and materials provided by Salinas for
the Project in connection with the work were of a kind and quantity to meet the Specifications.
17. As a result of the City's material breaches, Salinas has been damaged in an
amount not less than $1,431,636.89 exclusive of costs, interest and reasonable and necessary
attorneys' fees.
18. The City has failed and refused and continues to fail and refuse to pay the
outstanding balance due to Salinas under the contract, plus interest thereon, despite Salinpg'
demands for payment.
19. As stated above, the City has waived immunity from suit and/or liability for
breach of a written contract.
20. For these reasons, Salinas seeks recovery of its actual damages, costs of suit,
interest and reasonable attorney's fees.
WRONGFUL TERMINATION
21. The City's termination of Salinas' contract for allegedly failing to complete the
contracted work within the Contract time and in conformance with the Specifications was
wrongful. Salinas was prohibited from timely performance due in large part to the deficient plans
_and specifications_provided by the City. Salinas requested reasonable time extensions to
complete the Contract work but the City rejected virtually all requests. Further, Salinas' work
ham"been testenutd approved-in accordance-with-the-Specifications-yet-the-City-refused-to-make -----
payment. And, while Salinas disagreed with the City's position with respect to the quality of the
work,it was nevertheless addressing the City's concerns at the time the City issued a termination
notice.
22. Salinas is entitled to recover the balance of the contract at the time it was
wrongfully terminated and is entitled to reimbursement for the cost and expenses to complete all
work on the Project at the direction and request of the City.
VIOLATION OF THE PROMPT PAYMENT STATUTE
23. The City has violated Section 2251.001 et, seq. of the Texas Government Code by
failing to pay Salinas within thirty days for services_ performed in accordance to the
Specifications and terms of the Contract for which the City was properly invoiced.
CONDITIONS PRECEDENT
24. Salinas has fully performed all obligations and conditions precedent, if any,to
be performed on its part. All conditions precedent have occurred, been satisfied, or otherwise
been waived.
ATTORNEYS'FEES
25. As a result of the City's breach of contract, Salinas was forced to retain counsel
to recover the amounts due and owing. Pursuant to Section 2251.001 et. seq. of the Texas
Government code and Section 38.001 of the Texas Civil Practices and Remedies Code,Salinsjq is
entitled to its reasonable attorneys' fees for the prosecution of this entire case and costs incurred
in enforcing and collecting the amounts due. Salinas has made formal presentment upon the City
—.-----for_paymentof the contract.advanced.herein e ...more than30 daysprior to_institution of suit and has
not been paid.
PREJUDGMENT ATND`POSTJUDGMENT INTEREST
26. Salinas is further entitled to prejudgment interest at the highest rate allowed by
law for its claims based upon breach of contract and wrongful termination.
27. Salinas is further entitled to post judgment interest at the highest rate allowed
by law for its claims based upon breach of contract and wrongful termination.
28. Accordingly, SAlinas requests that it recover all of its costs of court and/or
judgment be granted in favor of Salinas against the City of Seguin for its actual damages,
interest, attorneys' fees, costs and pre and post judgment interest as allowed by law. Salinas
further requests such other and further relief, both at law and in equity, to which it may show
itself to be justly entitled.
Respectfully submitted,
COATS ROSE
Richard McSwain
State Bar No. 24002588
1020 Northeast Loop 410,Suite 800
San Antonio,Texas 78209
Telephone: (210)224-7098
Facsimile: (210)212-5698
COUNSEL FOR PLAINTIFF,
SALINAS CONSTRUCTION
TECHNOLOGIES LTD.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been served
___on_opposing counsel,_pursuant to the Texas Rules of Civil Procedure on this 19th day of
November;2013;as-follows:
via fax Ca1(512)236-0682
—7effty S7Cliapinan
FORD NASSEN&BALDWIN P.C.
111 Congress Avenue, Suite 1010
Austin,Texas 78701
AllifegetA-.)
Richard McSwain
4852.0206-7222,v1
2
CAUSE NO. 13-1957-CV
SALINAS CONSTRUCTION § IN THE DISTRICT COURT
TECHNOLOGIES,LTD §
Plaintiff, §
v. §
CITY OF SEGUIN §
Defendant, § 25TH JUDICIAL DISTRICT
v. §
FIDELITY AND DEPOSIT COMPANY §
OF MARYLAND,COLONIAL §
AMERICAN CASUALTY AND §
SURETY COMPANY §
Third-Party Defendant § GUADALUPE COUNTY,TEXAS
CITY OF SEGUIN'S COUNTERCLAIM AND THIRD-PARTY PETITION AGAINST
SALINAS CONSTRUCTION TECHNOLOGIES,LTD AND FIDELITY AM)DEPOSIT
COMPANY OF MARYLAND,COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY
TO THE HONORABLE JUDGE OF SAID COURT:
Defendant, the City of Seguin ("City"), files this counterclaim petition against Plaintiff,
Salinas-Construction-Technologies,-LTD (_'Salinas')-and third-Party_pedtion_against._Defendant,___
Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company
("Fidelity"),and for cause of action respectfully shows the Court the following:
I. PARTIES AND DISCOVERY CONTROL PLAN
1.1 Pursuant to Rule 190.4 of the Texas Rules of Civil Procedure,discovery in this cause
of action has been pled under a Level 3 Discovery Control Plan.
1.2 For its third-party petition, the City is providing the following information only for
third-party defendant who has not yet appeared in this lawsuit:
1.3 The City is informed and believes that Defendant,Fidelity and Deposit Company of
Maryland, Colonial American Casualty and Surety Company is an insurance company licensed to do
business in the State of Texas. Fidelity may be served with process through its registered agent:
Corporation Service Company,211 East 7th Street Suite 620,Austin,Texas 78701-3218.
IL FACTUAL BACKGROUND
2.1 In January 2012, Salinas entered into a construction contract with the City of Seguin
for the construction an extension of sewer line, road paving, and associated work on a project
known as the Geronimo Creek Sewer Project—Phase V. The contract was for$3,593,489.74. The
Contract documents include general conditions, plans and specifications, among other documents,
regarding the construction of a sanitary sewer and water line, drainage improvements including
storm sewer installation,and the reconstruction of streets.
2.2 Pursuant to the contract documents and chapter 2253 of the Texas Government
Code, a performance bond was provided by Fidelity and Deposit Company of Maryland, Colonial
American Casualty and Surety Company guaranteeing performance of the contract should Salinas
--- default and=fail--to-perform=its-obligations- The=performance=bond-is-number-9028945=and-it-is----attached hereto as Exhibit A.The contract documents between Salinas and Seguin are made part of
the bond and its terms. Therefore, all obligations owed to the City of Seguin by Salinas are equally
owed by Fidelity in the event of default by Salinas.
2.3 This project was a part of the City of Seguin's annexation of the Oak Village
Neighborhood ("OVN"). The OVN annexation resulted in an arbitration agreement, requiring the
City of City provide sewer to the newly annexed area by March of 2013. The City's plan for
2
providing the required sewer divided the project into 5 phases,referred to as Geronimo Creek Sewer
Project Phase I,H,III,IV,and V respectively.Each phase,I-V,was treated as a separate project.
2.4 Salinas's contract at issue in this case covered Phase V of the Geronimo Creek Sewer
Project. Because of the arbitrated deadline to provide sewer to OVN, time was of the essence.The
contract between Salinas and the City was executed on January 23, 2012. The contract stated "the
time of completion is the essence of the contract" and called for completion by March 2013. The
Standard Form Agreement stated that the "Contractor agrees to complete and have in service all
utilities (sewer and water) and all other related appurtenances as specified and showed on the plans,
within 365 consecutive days as provided in the General Conditions of the Agreement."
2.5 Salinas began Work in March 2012.By May of 2012 the City became concerned that
Salinas was falling behind schedule and might fall too far behind to complete the Work by the
deadline.The City sent Salinas a letter expressing its concern about completing on time.In response,
Salinas submitted an updated schedule showing it could complete the work on time. As it was the
contractor's responsibility to ensure the Work was completed by the deadline, the City deferred to
the contractor's schedule. However, in January of 2013 after Salinas's submission of a request for
extra days to complete the work, the City realized it could not take the schedule at face value,as the
actual-progress-observed-on-the-Project-site-did-not comport=with=the-schedules=and-delay-requests---------- ---
submitted by Salinas.It was apparent to the City that the Project was not going to be completed on
time. The City issued a letter to Salinas denying the request for additional days, explaining why the
request was unwarranted per the contract and demanding construction proceed at a pace that would
insure the timely completion of the project.
2.6 Around this same time in February of 2013, while inspecting other portions of the
project, the City discovered that Salinas's crews had damaged existing facilities during construction.
As the Contract required Salinas to protect existing facilities during construction and repair any
3
damage caused to the same, the City demanded Salinas repair the damage it caused to the existing
facilities.Salinas refused to repair the damage.
2.7 The March completion deadline passed. Salinas failed to timely complete the Work
by the deadline.As stated before,time was of the essence for this contract and the contract included
a liquidated damages provision authorizing the City to withhold funds from Salinas in the event
Salinas's work remained uncompleted by the time specified in the contract. Pursuant to its express
contractual authority,the City demanded Salinas accelerate its performance to make up lost days and
the City withheld sums to protect it from damages for delay due to Salinas' failure to timely
complete the project, as specifically allowed by the liquidated damages provision. More specifically,
delayed performance by Salinas beyond the contractual completion date entitled the withholding of
sums to cover accrued liquidated damages.In a letter dated August 14, 2013, Salinas acknowledged
the City had the right to withhold liquidated damages for delay.
2.8 Additionally, as noted above, the City had previously put Salinas on notice of
defective work that remained uncorrected. In order to protect itself and in accordance with Article
5 of the contract, the City withheld sums to cover the anticipated costs to correct and/or complete
this work in accordance with the contract documents should Salinas fail to perform its contractual
----- obligations.The-City_notified.SalinasJn..writing_o£the_deficiencies and failures,includingIailure_to_
clean the line,failure to install the line on grade, failure to install proper backfill,and failure to install
ribbon curbs.
2.9 In response to this notice and request to repair and demand for acceleration from
the City, Salinas continued to fail to perform its contractual obligations by refusing to correct its
defective work and by refusing to accelerate its performance to make up lost days. Instead of
performing, Salinas attempted to declare the City in default and threatened to suspend its
performance.The City continued to demand Salinas correct the deficiencies and expeditiously work
4
to complete the Project. Salinas continued to refuse to acknowledge the deficiencies or present a
proposal for repairs and instead continued to engage in a letter writing campaign in lieu of taking
responsibility and action.
2.10 As it turned out, after inspections and testing, the City discovered portions of the
gravity fed sewer line were not installed according to plans and specifications and not at the correct
slope. Major defects in the work included: significant portions of the line sagging, portions of the
line containing debris, taps improperly installed, and manholes sinking. Minor defects were also
identified that required repair.The City needed and demanded Salinas to correct the defects.
2.11 The sewer line being constructed in this project is a gravity fed sewer line. In order
for the line to function properly by moving sewage from users down the line towards an end
destination to a treatment facility, the line must have a consistent or fairly uniform slope from
manhole to manhole at a minimum Texas Commission on Environmental Quality ("TCEQ")
• required slope of approximate one-tenth of one percent (0.11%). While this slope is very close to
being flat,it is a slope proscribed by the TCEQ as a minimum and is a standard slope used on many
wastewater treatment line construction projects. If the line fails to maintain a consistent slope, the
line can become septic where sewage stalls and fails to flow as a result of normal gravitational forces.
.._.._The.line.insrailgni_by.Salinas_did..not.:conform to.the_pLws_and_specifications,was_norinsraller ata
0.11%slope,and sagged in multiple locations.
2.12 The City met with Salinas on September 17, 2013 to give Salinas the opportunity to
acknowledge and address the deficiencies and offer a plan to correct and finish the work.Although
Salinas acknowledged some of the defects and needs for repair,Salinas proposed that some of these
repair items be ignored if the defect in the line was less than 31-feet in length.Although,in an effort
to have the work completed expeditiously, the City was potentially willing to waive its requirement
that minor defects in the line be repaired, the City was not willing to allow major defects to go
5
unrepaired. Instead of offering a solution for correcting all of the major deficiencies, Salinas again
resorted to writing letters.
2.13 The City continued to demand Salinas submit a proposal to correct the defective
work. Salinas did not submit a proposal for the corrective work but instead began making repairs
without a coordinated plan for repair. The repairs were not being done correctly and were causing
additional problems, including contamination of materials. Due to this unacceptable situation, the
City formally demanded again that Salinas propose a plan to correct and finish the work called for
the in contract.
2.14 Salinas continued to refuse to provide a repair plan.At this point,the City felt like it
had no choice but to suspend Salinas's performance at the project, formally declare Salinas in
default, and demand that the surety, Fidelity, as the surety and issuer of the performance bond,
immediately step in and arrange for the completion of the corrective work necessary to bring the
sewer line and other deficient work into conformity with the design documents. The City sent the
demand letter to Fidelity on October 2,2013.Pursuant to the contract terms,Fidelity had 10 days to
initiate action. If Fidelity failed to initiate action within 10 days, the City had the right to step in,
correct the work and seek full reimbursement from Fidelity and Salinas for all costs incurred in the
performance of_obligations_upon_which.Salinas defaulted
2.15 Salinas ignored the order to suspend performance and continued to ignore the
requests for acknowledgment of responsibilities for correcting all defective work.Furthermore,even
before the suspension order was issued, Salinas was months behind schedule and failed to make
adequate progress towards completing the project.Work was erratic,lacked direction, and failed to
address critical path items,namely the completion of the sewer line to allow for paving operations to
begin.Due to Salinas's material breathes of contract,the City terminated the contract.
6
2.16 Despite being given notice of the defective work and need for prompt corrective
work and completion and despite the fact that Fidelity had been monitoring the project and was well
aware of the issues that led to Salinas's termination including being involved for over two months
during the process of demanding repairs,Fidelity chose not to accept its obligations to take over the
project.Given the very delicate situation with the affected subdivision,the City was in no position to
allow additional delays in waiting for Fidelity to take action.
2.17 The City gave and continued to give Fidelity opportunities to step in and take over
the Project, but Fidelity did not; therefore, the City hired a replacement contractor to repair and
complete the work. The City hired Jordan Foster to perform the repairs and completion of the
Project. After adjustments in scope of work, the contract price was approximately $675,270.00 for
the utility work, $606,587.00 for the Phase I Street work and $1,202.194.00 for the Phase II Street
work.
2.18 The penal sum of the performance bond provided by Fidelity is $3,593,489.74. As
such,the limit of Fidelity's liability for damages is $3,593,489.74, not inclusive of attorneys'fees and
interest incurred by the City and caused by Fidelity's breach of its bond obligations. The City seeks
full recovery of its damages from Salinas. Both Salinas and Fidelity would be jointly and severally
liable ior the_first$3,593,489.74_awarded_to_the.City_by_.the-jury.
III. COUNTERCLAIMS AGAINST SALINAS
A. Breach of contract—Salinas
3.1 The City re-alleges and incorporates herein by reference,as though set forth in their
entirety,the allegations contained in Paragraphs 2.1 through 2.18. The City specifically reserves and
does not waive the right to amend the following allegations once substantial discovery is complete.
3.2 The City and Salinas entered into a valid and enforceable contract. The City has
complied with its obligations contained in the contract.
7
3.3 The City hired Salinas to complete the project in a timely manner and in compliance
with the Contract documents. Instead of timely completing its work, Salinas breached the Contract
and did not complete the Project. The City would show that Salinas materially breached the
Contract documents by failing to perform in accordance with its obligations. Among other things,
Salinas failed to complete work according to the Project schedule, failed to produce work of
acceptable quality,and failed to remedy its defective work.
3.4 As a direct and proximate result of Salinas's failure to perform in accordance with
the Contract documents, the City has suffered damages within the jurisdictional limits of this Court,
plus all applicable interest and attorney's fees resulting from the City's efforts to enforce its
contractual rights.Tex. Civ.Prac.&Rem.Code§38.001.
B. Negligence—Salinas
3.5 The City re-alleges and incorporates herein by reference,as though set forth in their
entirety,the allegations contained in Paragraphs 2.1 through 2.18.The City specifically reserves and
does not waive the right to amend the following allegations once substantial discovery is complete.
3.6 Salinas, as contractor represented itself to be competent and capable of performing
the Work at the Project in the specified time, owed a duty to the City and landowners not to
perform_ts._wsnk_in_a_negligent fashion_that_caused_damage_to work_adjacent towthe_Project_Salinas_
has breached its legal duty and has proximately caused damages to the City as a result of its
negligence. These damages are separate and apart from contractual damages caused by Salinas's
breach of contract and are recoverable by the City under common law theory of negligence.
3.7 Salinas caused damage to existing facilities, monitoring wells and portions of Phase
IV that require remediation and correction the City must provide. As a result of Salinas's negligent
acts and the damage to the separate structures,the City has been damaged and seeks recovery of said
damages from Salinas.
8
IV. CROSS-CLAIMS AGAINST FIDELITY
A. Claims Under Performance Bond—Fidelity
4.1 The City re-alleges and incorporates herein by reference,as though set forth in their
entirety, the allegations contained in Paragraphs 2.1 through 2.18. The City specifically reserves and
does not waive the right to amend the following allegations once substantial discovery is complete.
4.2 The City would show that Salinas secured the performance bond from Fidelity and
that the City has taken all steps necessary to, and in fact did, perfect its claims against the bond.
Without limiting or waiving the generality of the foregoing,the City would show that its claims were
perfected by sending all proper and timely notices required by law,if any. All conditions precedent
have been satisfied in order to create and perfect said claims against the bond. The City seeks
enforcement of the claims in the performance bond.
4.3 As a direct and proximate result of Fidelity's failure and/or refusal to perform in
accordance with its obligations under the performance bond, the City has suffered damages within
the jurisdictional limits of this Court,plus all applicable interest and attorneys'fees.
V. ATTORNEYS'FEES
5.1 As a result of Salinas's breach, the City has been compelled to employ the
undersigned_attomeys to_represent_itsinterest in thus matter, and has greed to pay reasonable
attorneys' fees for their services. Hence, pursuant to Section 38.001, et seq. of the Texas Civil
Practice&Remedies Code, the terms of the contract and bond,and any other applicable Texas law,
the City is entitled to recover of and from Plaintiff Salinas and Defendant Fidelity, jointly and
severally, any and all reasonable and necessary costs and attorneys' fees, to be proven at the time of
trial, for services rendered through and including the time of trial, post-trial motions, and any
appellate actions before the Court of Appeals or the Texas Supreme Court.
9
VI. INTEREST
6.1 The City would further show, by virtue of the laws of the State of Texas, that it is
entitled to recover all legal and equitable interest, both pre-judgment and post-judgment, at the
highest legal rate of and from Plaintiff and Defendants, jointly and severally, as allowed by Texas
law.
VII. DAMAGES
7.1 As a direct and proximate result of Plaintiff's and Defendant's failure to perform its
contractual and bond obligations, the City has been damaged in the amount of approximately
$2,439,051.00 and herein seeks recovery of these damages. Requested damages are within the
jurisdictional limits of this Court
VIII.CONDITIONS PRECEDENT
8.1 All conditions precedent to the City's right to recover the relief herein requested
have been performed or have occurred as required by Rule 54 of the Texas Rules of Civil Procedure.
IX.PRAYER
WHEREFORE,PREMISES CONSIDERED,Defendant,the City of Seguin,prays that
Defendants appear and answer and that the City have judgment against Plaintiff for the following:
(1) Damages within the jurisdictional limits of this court;
(2) Reasonable attorney fees;
(3) Pre-judgment and post-judgment interest as allowed by law;
(4) Costs of suit;and
(5) All other relief the Court deems appropriate.
10
Respectfully submitted,
THE CHAPMAN FIRM,PLLC
7000 North Mopac,Suite 180
Austin,Texas 78731
(512) 872-3840
(512) 879-9033 facsimile
By:
Jeffrey S.Chapman
State Bar No.24026469
Caroline Hall
State Bar No.24085689
CERTIFICATE OF SERVICE
I certify that a true copy of this document has been served on the persons or parties
identified below in accordance with one or more of the methods of service recognized by the Texas
Rules of Civil Procedure on the 18th day of November,2014.
Sylvan S.Lang,Jr.
Lang Law Firm
13409 N.W.Military Hwy.,Suite 210
San Antonio,Texas 78231
Phone:210.479.8899
-_- Fax 210479:009g —=- =_ �__ : ,_ - _._._ _ -. ._ r
Email:sylvan®langfirm.com
Via email and fax
Christopher R.Ward
Strasburger&Price,LLP
901 Main Street,Suite 4400
Dallas,Texas 75202
Phone: (214)651-4722
Fax: (214) 659-4108
Email: Christopher.Ward@strasburger.com
Via email and fax
Jeffrey S.Chapman/Caroline Hall
11
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7&8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money requirec
for the current fiscal year's portion of the contract, agreement, obligation or expenditure described
below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and ha:
not been appropriated for any other purpose. Future payments are subject to annual appropriation
by the City Council.
City Council Action Date: June 16. 2015
Agenda Item: Ordinance amending the FY 2015 Capital Improvement Budget adopted by Ordinance
No. 030303 by transferring $1,495,352 to the Waldron Road from Caribbean Drive to Glenoak Drive
Project and increasing expenditures in the amount of $1,495,352; rejecting the low bid of Salinas
Construction Technologies Ltd. of Pleasanton Texas, in the interest of the public; determining
the lowest responsible bidder to be the second lowest bidder, Berry Contracting LP dba Bay Ltd.
of Corpus Christi, Texas; making findings of fact; and authorizing the City Manager, or designee, to
execute a construction contract with Berry Contracting, LP — dba Bay Ltd. of Corpus Christi,
Texas in the amount of $2,580,631.90 for Waldron Road from Caribbean Drive to Glenoak Drive
Project (BOND 2014).
Amount Required: 51.495.352.00
Fund Name Accounting Account Activity No. Amount
Unit No.
Street 2015 GO Bonds 3551-051 E13100013551EXP -200,000.00
Street 2015 GO Bonds 3551-051 El 3099013551 EXP 200,000.00
Water 2015 CIP 4097-041 E14065014097EXP -953,920.00
Water 2015 CIP 4097-041 E13099014097EXP 953,920.00
Wastewater 2015 CIP 4254-042 E14015014254EXP -202,880.00
Wastewater 2015 CIP 4254-042 E13099014254EXP 202,880.00
Storm Water 2013 Rev Bond 3497-043 E12146013497EXP -138,552.00
Storm Water 2013 Rev Bond 3497-043 E13099013497EXP 138,552.00
Total 1,495,352.00
❑ Certification Not Required
Director of Financial Services
Date: JUN 0 8 2015
15- o 562
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7&8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money requirec
for the current fiscal year's portion of the contract, agreement, obligation or expenditure described
below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and ha:
not been appropriated for any other purpose. Future payments are subject to annual appropriation
by the City Council.
‘4
City Council Action Date: June/8. 2015
Agenda Item: Ordinance amending the FY 2015 Capital Improvement Budget adopted by Ordinance No.
030303 by transferring $1,495,352 to the Waldron Road from Caribbean Drive to Glenoak Drive Project
and increasing expenditures in the amount of $1,495,352; rejecting the low bid of Salinas Construction
Technologies Ltd. of Pleasanton Texas, in the interest of the public; determining the lowest
responsible bidder to be the second lowest bidder, Berry Contracting LP dba Bay Ltd. of Corpus
Christi, Texas; making findings of fact; and authorizing the City Manager, or designee, to execute a
construction contract with Berry Contracting, LP — dba Bay Ltd. of Corpus Christi, Texas in the
amount of $2,580,631.90 for Waldron Road from Caribbean Drive to Glenoak Drive Project (BOND
2014).
Amount Required: $2.580.631.90
Fund Name Accounting Account Activity No. Amount
Unit No.
Street 2015 GO Bonds 3551-051 550910 . E13099013551EXP $1,454,235.55
Water 2015 CIP 4097-041 550910 E13099013551EXP 829,497.35
Wastewater 2015 CIP 4254-042 550910 E13099013551EXP 176,419.00
Storm Water 3497-043 550910 E13099013497EXP 120,480.00
Total $2,580,631.90
0 Certification Not Required (�
Director of Financial Services
Date: JUN 0 8 2015
2
15- 056, 2