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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, J;. 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 I I! it • • • • Il • it i 1 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 • • • i{ 11 1 Statement of Experience Waldron Road—Carlbean Drive to Glenoak Drive(BOND 2014),Pro t E13099 � I T. if ji iF I {� Illf S1 li a 111 { ii 1 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 dI ! Eii a F JI t. It I' ►4 Ji ; 'Jf 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 • -- Siy, _-- ----- • HD EN'OIIIEERII4G INC. - • J C..Gotta,P E - - . ♦ .. • Enclosure: Appliaa tiodfiorP . . rime Mali&Faust •• • • ' co: Stili as•Construcrion•Ltd_(D net Sati s,.dtJose 10-Peelle) • tasa.oibw 'bac ost1oput1 . xestga esdefo.e. - • • souk wconuaaane • pmpiCbrrc1l 1 US wavy d w • 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_. ._ (For irsiorrnotionattprirtratf-Mb lcnot sbid tabishilludi ,. >a • TOT look I '0. SA BtD . 01.. /f e • / . �1 -q4 At* "AAct‘'' loi .. , 3f 11's (40f.• 11t.''"rC sib.,c 1 r J ! IT L T cct►.,•11/ , L7D I . . ., , ,1 i Past 1 Y. simmas • 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 J FI O PRnsr!eebns,Y t e ,ft r .4, 1.;..4.::f.,1 r:d.•rrir .u ;j ai' f ___ �...-• - --- 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 cM0.0 .MSTALL8W3P 1. 0 �1001012014A 1006114A IAINSTALLSW3P - •PH-02 a UTILITY V . .��. .. :� . " oeraLITloN 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_._._ DU-!25 'E`-�C[FI�MIYTARY6f.�lM9tLATDtALB 1• 0... . 100•11x111/1410 121D1n4A '.--- __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 IE G f! I; 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) { . I ;' -5 SHORT LUNE RECONNECTION . is iW , !ends In Maki : I S i' EONS i y Nat Locu dlMs1 dk ; +ve1«an. 3s• 'aM1400.74 ' . II . 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No0N011vavdawlaOVaOYflittw4ty • .L VWN1t1It V►IRNt/601 0 :L NI0N0LLW Yd3ad0VlIo 3f1B 9tit-IOtl 1N301NV0$3 ONV NOILVAV3X3 AVMOVOa 931 �01 V WI IN 1 V►1101/11 001 0 i 1.N3IV*Y9MH OVId NOILVAV�AVM OVOa 031-1011!VON-034Hd44 -- yogi 1009 91lVNW VPIAIAI P1 tZ PL (1 nivel)momOVON-COild 901 tON ' 1M01111 # 1il0 0119111100-PPP*ioadMX1410 1 a 9110I/ C0 9lit1/CO 0 0 0 *NM PMr9IMMO opood =ma'. ft A ON L90 3 ddt0-82441,111011:110 0 9110110 41/1040,0 9 9 9040-11+0 NMI MIB am.,ON1190O1 dell°-a 04i Ol lila Ida 8wf1ddt°iu/iOolookla .Ovf10 0 . 011111110 9110/900 . .1 .1 1.1110110111111 0941ddlOAPO ala .e01;*lxl 'aM'*wML8 Id• -1 moms and 19a�:)f1Y10dtiNiV37d 9lI 0 GNP o19'B310o1of 1331 Nou.onIIL9t goat ao►L/9 o1/ NON (zlazwp9)•+AvPod atie++�v-1 W 3Naod 10ILL1014 uctoWn40134 ;I !I1 NumbeJVenbn 1406•71A-01 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 RO2-315.5 LANDSCAPE WORK . R02-3X1-1/SEAL COAT-ONE COURSE SURFACE i 802.325 V HMAC TYPE B D2�J0;V HMAC TYPED • , R . R02-3351/ADJUST MANHOLES a VALVES i j R02-340VPAVEMENT MARKING -.__ _ 1I i 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 - 430 FI1ALCL AIWPANDPUNCHLISTWORK 4 4 007/16116 07121/15 011 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 CC Ip 1 I I Ir 1 l l r. 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 • FC-5004111 PH-00-SELL PROJECT • FC-610it PROJECT FINAL-SELL.PROJECT I' • • • • • • • • • • • it 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