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Home My WebLink AboutC2016-372 - 8/16/2016 - Approved CITY OF CORPUS CHRISTI I?PLS CONTRACT FOR PROFESSIONAL SERVICES MOBILITY AND ACCESS MANAGEMENT STUDY The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Maldonado-Burkett Intelligent Transportation Systems, LLC, a Texas limited liability company, 3833 South Staples Street, Suite N214, Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Padre Island Mobility and Access Management Study (Project No. TI6260) - This project will provide a Mobility and Access Management Study along Park Road 22 and State Highway 361 within the Padre Island Area. This is to develop transportation mitigation strategies, such as roadway configuration, operation and maintenance practices, and access management. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit"A". In addition, Consultant will provide monthly status updates (project progress or delays presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 2016-372 8/16/16 Ord. 030927 Contract for Professional Services Maldonado-Burkett Intelligent Page 1 of 6 b P\STREET\T16260 PADRE ISLAND MOBILITY AND ACCESS MGT STUDY\CONTRACT MBITS\16-0311 AE AGREEMENT-INDEXED 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $239,643.00. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs,to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement.This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. 6. INSURANCE Consultant agrees to comply with the insurance requirements in Exhibit "C". 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. Contract for Professional Services Page 2 of 6 K\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16260 PADRE ISLAND MOBILITY AND ACCESS MGT STUDY\CONTRACT MBITS\16-0311 AE AGREEMENT- PRELIM AND DESIGN.DOC In the event of termination, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. ASSIGNABILITY The Consultant will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, inspection reports and submittal data will be the sole property of the City, may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 11. STANDARD OF CARE Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12. DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Contract for Professional Services Page 3 of 6 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET-116260 PADRE ISLAND MOBILITY AND ACCESS MGT STUDY\CONTRACT MBITS\16-0311 AE AGREEMENT- PRELIM AND DESIGN.DOC 13. CERTIFICATE OF INTERESTED PARTIES For contracts that exceed $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 14. CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/citv-secretary/conflict- disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 16. CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant- prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 4 of 6 K.\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16260 PADRE ISLAND MOBILITY AND ACCESS MGT STUDY\CONTRACT MBITS\16-0311 AE AGREEMENT- PRELIM AND DESIGN.DOC 17. NON-DISCRIMINATION ASSURANCE The Consultant, sub-recipient or sub-consultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate. CITY OF CORPUS CHRISTI MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLC aii0.7,20.741, - 07/25/2016 J0._ nds, P. E., Date Ramon H. Maldonado, Jr., P.E. Date Director of Engineering Services President 3833 South Staples Street, Suite N214 Corpus Christi, TX 78411 RECOMMENDED (361) 236-4611 Office ramon@mbitsgroup.com Operating De rtment -ThD e APPROVED AS TO LEGAL FORM ativ-vw aezemk :Pazd 4174111l/ Legal Department Date APPROVED i g///go, LC- ...i nu�\14►.. Office o anagement Date ''" B and Budget ST COUNCIL ' ATTEST SECRETARY ►' Rolcyce-c, / 1 (EAt Vt— Rebecca Huerta, City Secretary I IContract for Professional Services Page 5 of 6 10ENGINEERING DATAEXCHANGE\VELMAPISTREETT16260 PADRE ISLAND MOBILITY AND ACCESS MGT STUDYYCONTRACT MBITS\16-0311 AE AGREEMENT PRELIM AND DESIGN DOC • • • Padre Island Mobility and Access Management Study Project No. T16260 Total Contract Amount: $239,643.00 Fund Name Accounting Unit Account Activity No. Amount N . Street 2015 GO BD 14 3551-051 550950 T16260-01-3551-EXP $47,643 Street CIP Fund 3530-051 550950 T16260-01-3530-EXP $192,000 Total $239,643 Contract for Professional Services Page 6 of 6 K.\ENGINEERING DATAEXCHANGE\VELMAP\STREET\T16260 PADRE ISLAND MOBILITY AND ACCESS MGT STUDY\CONTRACT MBITS\16-0311 AE AGREEMENT- PRELIM AND DESIGN.DOC • • 40. MALOOMAOO•SUIUUTT 1 ITEL►UGEMT TIANS►OATAT OS 0511 Mi H July 11,2016 Mr. Jeff Edmonds, P.E. Director Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 Re: Padre Island Mobility and Access Management Study Dear Mr. Edmonds: As requested, this is a fee proposal for the Padre Island Mobility and Access Management Study. MBITS is proposing to do a Mobility and Access Management Study along PR 22 and SH 361 within the Padre Island Area. Below is a summary along with fees associated with this project. Access Management Study Amount: $45,156.34 Short Range Strategies Plan Amount: $83,995.44 Long Range Strategies Plan Amount: $110,491.22 Total Contract Amount: $239,643.00 If you have any additional questions please let us know. Best Regards, Ramon H. Maldonado Jr., P.E. Managing Partner CC: Jerry Shoemaker, P.E. Chris Hale, P.E. Sarah Munoz, E.I.T. 3833 SOUTH STAPLES ST SUITE N214 CORPUS CHRISTI,TX 78411 • Office: 361-236-4611 • www.mbitsgroup.com EXHIBIT "A" Page 1 of 5 m a) X OM t I 0 —I,, PR 22 from Aquarius St to Sea Pines Dr & on SH Padre Island Mobility and Access Company Discipline 361 from Park Rd 22 to Zahn Rd Management Study Fee WBS Range Estimated by Rev Date Maldonado -Burkett Traffic Padre Island Mobility and Access Management Study Ramon Maldonado 1 07/11/16 Task 1 Task Description Design 9 Fee Access Management Study Park Rd 22 and SH 361 Access Management Study --_---- $45,156.34 2 $45,156.34 Total Short -Range Strategies PlanCras o AnalysiPl ,Intersection Safety and Operational Improvement Plan, Right of Way Evaluation $83,995.44 3 $83,995.4 Total Long -Range Strategies Plan -.--.-- Ultimate or Concepts, PR 22/ SH 361 intersection/ interchangege an anaylsis $110,491.22 Total $110.491.22 TOTAL LUMP SUM DESIGN FEE SUMMARY = $239,643.00.; ASSUMPTIONS 1 2 EXCLUSIONS to be Provided by Client 1 Traffic Congestion Management - Alternate Access Corridors 2 Ri ! ht of Way Maps from TxDOT Page 1 rn a) X to = CD W W =I 0 D Page 2 PR 22 from Aquarius St to Padre Island Company Sea Pines Dr & on SH 361 from Park Mobility and Access Management Study Discipline WBS Range Rd 22 to Fee Zahn Rd Estimated by Rev Date ■ Maldonado -Burkett Padre Island Mobility and Traffic Access Management Study Ramon Maldonado 1 07/11116 WBS Task Descri tion Drawing Description Sheets Senior Senior Project Manager Engineer RPLS Hours by Survey Technician Classification Senior Engineering Tech Engineering Tech Junior Engineering Tech Admin 28.00 96.00 32.00 32.00 58.00 32.00 16.00 32.00 --------- - Park Rd 22 and SH 361 Access Management Study Previous Access Management work review 4.00 8.00 -- 4.00 --- - Draft report for Access, Short and Long Range. 2.00 12.00 -- 10.00 -- 24.00 Roadway Conditions 2.00 8.00 _- 4.00 --- - Transit Services 2.00 8.00 -- 4.00 --- - Congested Intersections 6.00 8.00 -- 8.00 --- Accident Review -- 4.00 -- 4.00 --- Driveway Access -- 4.00 -- 4.00 --- Driveway Turning radius -- 4.00 --- 4.00 Number of Driveways -- 4.00 --- 4.00 4.00 - Driveway Corner Clearance -- 4.00 -- 4.00 --- _ Raised Median Driveways -- 4.00 -- 4.00 4.00 - Pedestrian Safety -- 4.00 -- 4.00 --- - Prepare exhibits. -- 4.00 -- 4.00 16.00 12.00 - Coordination and Meetings 4.00 4.00 -- 4.00 -- 8.00 COCC, MPO, Island Strategic Actions Committee --------- - Right of Way Evaluation -- 4.00 16.00 16.00 - 4.00 - Utility Verification -- 4.00 16.00 16.00 ---- _ QAQC 8.00 8.00 ------ - --------- Subtotal- 28.00 96.00 32.00 32.00 58.00 32.00 16.00 32.00 Direct Labor Rates (2014) - $ 218.56 $ 174.85 $ 125.00 $ 85.00 $ 154.45 $ 116.35 $ 64.11 $ 57.00 1 Weighted Average Labor Escalation Rate (2014 thru 2016) Subtotal Direct Labor Costs - 1.00 1.00 1.00 1.00 1.00 1.00 $ 3,723.20 1.00 $ 1.025.76 1.00 S 1.824.00 $ 6.119.68 $ 16.785 60 $ 4.000.00 $ 2.720.00 $ 8,958.10 Exclusions City to provide topo/utilities/roadway files. Total Hours Total Direct Labor Costs 326 645,156.34 Page 2 PR 22 from Aquarius St to Padre Island Company Sea Pines Dr & on Mobility and Access Discipline SH 361 from Park Management Study WBS Range Rd 22 to Fee Zahn Rd Estimated by Rev Date Maldonado -Burkett ■ Traffic Padre Island Mobility and Access Management Study Ramon Maldonado 1 07111/16 WBS Task Description p Drawing Sheets Senior Project Manager 44.00 Senior Engineer 120.00 RPLS 40.00 Hours by Survey Technician Classification Senior Engineering Engineering Tech Tech 130.00 184.00 Junior Engineering Tech 90.00 Admin 20.00 Short Range Continue Draft report for Access, Short and Long Range. -------- 16.00 Previous Studies - Analize, Re -Study and Prepare Recommendations 24.00 32.00 -- 28.00 --- - Intergovenmental Coordination 2.00 24.00 12.00 - 16.00 --- - Establish Design Standards 2.00 12.00 -- 16.00 --- - Limit Conflict Points 2.00 12.00 -- 16.00 --- - Remove Turning Vehicles from Travel Lanes -- 8.00 -- 16.00 --- Encourage Shared Driveways, Unified Site Plans, Cross Access 2.00 8.00 -- 16.00 --- Easements --- 28.00 40.00 ---- Identify, Study and Model Traffic Signals to Enhance Traffic Movement 12.00 -- 18.00 100.00 50.00 - Prepare exhibits. ------ 84.00 40.00 - Coordination and Meetings 4.00 4.00 -- 4.00 -- 4.00 QAQC 8.00 8.00 ------ - --------- Subtotal- 44.00 120.00 40.00 0.00 130.00 184.00 90.00 20.00 Direct Labor Rates (2014) - $ 218.56 $ 174.85 $ 125.00 $ 85.00 $ 154.45 $ 116.35 $ 64.11 $ 57.00 1 Weighted Average Labor Escalation Rate (2014 thru 2016) Subtotal Direct Labor Costs - 1.00 S 9,616.64 1.00 $ 20.982.00 1.00 $ 5.000.00 1.00 $ - 1.00 1.00 $ 20.078.50 5 21.408 40 1.00 S 5769.90 1.00 S 1.140.00 Exclusions City to provide topo/utilities/roadway files. Total Hours Total Direct Labor Costs 628 $83,995.44 Page 3 Page 4 PR 22 from Aquarius St to Padre Island Mobility Company Sea Pines Dr & on and Access Discipline SH 361 from Park Management Study WBS Range Rd 22 to Fee Zahn Rd Estimated by Rev Date ■ Maldonado -Burkett Traffic Padre Island Mobility and Access Management Study Ramon Maldonado 1 07/11/16 WBS Task Description Drawing Sheets Senior Project Manager 42.00 Senior Engineer 266.00 RPLS 24.00 Hours by Survey Technician Classification Senior Engineering Tech 172.00 Engineering Tech 152.00 Junior Engineering Tech 100.00 Admin 20.00 Long Range --------- - Finalize Report for Access, Short and Long Range. 4.00 16.00 -- 8.00 -- 16 00 Median Closures -- 10.00 -- 8.00 --- - Median Channelization -- 10.00 -- 8.00 --- - Left Turn Bay Extensions -- 10.00 -- 8.00 --- - Signal System Improvements 4.00 24.00 -- 28.00 60.00 - Driveway Consolidations -- 16.00 -- 8.00 --- - Right Turn Bays -- 12.00 -- 8.00 --- - T -Intersection Treatment -- 16.00 ------ - New Capacity Construction 4.00 20.00 -- 12.00 --- - Additional Studies to Evaluate Specific Intervention Alternatives 2.00 40.00 -- 40.00 --- - Prepare exhibits. ------ 32.00 50.00 Right of Way Evaluation --- 24.00 ---- Schematic Concept Design 16.00 80.00 -- 40.00 60.00 50.00 - Coordination and Meetings 4.00 4.00-- 4.00-- 4.00 QAQC 8.00 8.00 ------ - --------- 42.00 $ 218.56 266.00 $ 174.85 24.00 $ 125.00 0.00 $ 85.00 172.00 $ 154.45 152.00 $ 116.35 100.00 $ 64.11 20.04 $ 57.00 Subtotal- Direct Labor Rates 2014 1 Weighted Average Labor Escalation Rate (2014 thru 2016) Subtotal Direct Labor Costs - 1.00 $ 9.179 52 1.00 S 46 510 10 1.00 5 3 000 00 1.00 S - 1.00 $ 26,565.40 Total Hours Total Direct Labor 1.00 $ 17,685.20 Costs 1.00 5 6.411.00 1.00 $ 1.140.001 776 $110,491.22 Exclusions City to provide topo/utilities/roadway files. Page 4 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees -u 0 rn x 5 00 Contract COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Amd No. 1 Amd No. 2 Contract Amount Invoiced Previous Invoice Total Invoice Percent Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD . TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Sample form for: Payment Request Revised 07/27/00 • EXHIBIT "C" Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. • 1.5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or. its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-84836 Maldonado-Burkett ITS, LLP Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/14/2016 being filed. /�-- City of Corpus Christi Date 4ccknow ddged: '- d 3 Provide the identification number used by the governmental entity or state agency to track or identify the cbntract, nd provide a description of the services,goods,or other property to be provided under the contract. T16260 Traffic Engineering and Signal Design Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Maldonado,Ramon Austin,TX United States X Burkett,Karl Austin,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. TONI PERKINS Cr' el Notary Public.State of Texas •„:44 My Commission Expires May 18,2019 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE —p Swornto and subscribed before me,by the said �ypsiNrlf,c 'l e.AAin 1, c ,this the I y4 day of .1tLw/ 20 I W ,to certify which,witness my hand and seal of office. ‘7sQ1Ct)1' Signature of officer administering oath Printed name of officer administering oath Title of a er administering oath Forms provided by Texas Ethics Commission rwvw.ethics.state.tx.us Version V1.0.277