CM-2019-0374 - 12/6/2019CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR THE
INTERIOR RENOVATIONS PROJECT
AT CLAY MADSEN RECREATION CENTER
WITH
MWM DE IGN GROUP INC.
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THIS AGREEMENT for professional consulting services related to the Interior
Renovations Project at the Clay Madsen Recreation Center (the "Agreement") is made by and
between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation with offices
located at 221 East Main Street, Round Rock, Texas 78664-5299, (the "City") and MWM
DESIGN GROUP, INC., whose office is located at 305 East Huntland, Suite 200, Austin, Texas
78752 (the "Consultant").
RECITALS:
WHEREAS, City has determined that there is a need for professional design services for
the Interior Renovations Project at Clay Madsen Recreation Center; and
WHEREAS, City desires to contract with Consultant for such professional services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date this Agreement has been signed by each
party hereto, and shall remain in full force and effect unless and until it expires by operation of
the term indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved in accordance with the schedule set forth herein.
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City reserves the right to review the Agreement at any time, and may elect to terminate
the Agreement with or without cause or may elect to continue.
2.01 CITY SERVICES
City agrees to provide the services to Consultant as described in Exhibit "A" titled "City
Services," incorporated herein by reference for all purposes.
3.01 PROPOSAL FOR SERVICES
For purposes of this Agreement Consultant has issued its proposal for services for the
tasks delineated therein, such proposal for services being attached to this Agreement as Exhibit
"B" titled "Scope of Work," which document is incorporated herein by reference for all
purposes.
4.01 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "B" pursuant to the schedule set forth in Exhibit "C," titled "Work Schedule," which
document is incorporated herein by reference for all purposes. Consultant's undertaking shall be
limited to performing services for City and/or advising City concerning those matters on which
Consultant has been specifically engaged. Consultant shall perform services in accordance with
this Agreement, in accordance with the appended proposal for services, and in a professional and
workmanlike manner.
5.01 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
Exhibit 'B" and herein, and Consultant shall not undertake work that is beyond the Scope of
Work set forth in Exhibit 'B," however, either party may make written requests for changes to
the Scope of Work." To be effective, a change to the Scope of Work must be negotiated and
agreed to and must be embodied in a valid Supplemental Agreement as described in 10.01.
6.01 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant for the Scope of Services deliverables as delineated in Exhibit "B,"
in accordance with Exhibit "D" entitled "Fee Schedule" and Exhibit "E," entitled "Standard Rate
Schedule," which documents are attached hereto and incorporated herein by reference for all
purposes.
A. Consultant's total compensation for consulting services hereunder shall not
exceed Twelve Thousand Three Fifty -Four and 89/100 Dollars ($12,354.89).
This amount represents the absolute limit of City's liability to Consultant
hereunder unless same shall be changed by Supplemental Agreement, and City
shall pay, strictly within the not -to -exceed sum recited herein, Consultant's
professional fees for work done on behalf of City.
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B. Consult's payment for reimbursable expenses shall not exceed the maximum sum
of Two Thousand Five Hundred and No/100 Dollars ($2,500.00), and such
amount is included in the not -to -exceed total of $12,354.89. Reimbursable
expenses shall be paid for the purposes set forth in Exhibit "B."
7.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
services performed, along with documentation for each service performed. Payment to
Consultant shall be made on the basis of the invoices submitted by Consultant and approved by
the City. Such invoices shall conform to the schedule of services and costs in connection
therewith.
Should additional backup material be requested by the City relative to service
deliverables, Consultant shall comply promptly. in this regard, should the City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 7.01 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the City or because of amounts which the City has a right to withhold under this Agreement
or state law. The City shall be responsible for any sales, gross receipts or similar taxes
applicable to the services, but not for taxes based upon Consultant's net income.
$.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect" on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by the City in the event:
(a) There is a bona fide dispute between the City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
9.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may effect
such termination by giving Consultant a written notice of termination at the end of its then -
current fiscal year.
10.01 SUPPLEMENTAL AGREEMENT
The terns of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
the City shall not be responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
11.01 TERMINATION; DEFAULT
Termination: it is agreed and understood by Consultant that the City may terminate this
Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant,
with the understanding that immediately upon receipt of said notice all work being performed
under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily
completed and shall be compensated in accordance with the terms hereof for work accomplished
prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or
anticipated profits for work terminated under this Agreement. Unless otherwise specified in this
Agreement, all data, information, and work product related to this project shall become the
property of the City upon termination of this Agreement, and shall be promptly delivered to the
City in a reasonably organized form without restriction on future use. Should the City
subsequently contract with a new consultant for continuation of service on the project,
Consultant shall cooperate in providing information.
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Termination of this Agreement shall extinguish all rights, duties, and obligations of the
City and the terminated party to fulfill contractual obligations. Termination under this section
shall not relieve the terminated party of any obligations or liabilities which occurred prior to
termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by Consultant in performing the work to the date of default. The cost
of the work that is useable to the City, the cost to the City of employing another firm to complete
the useable work, and other factors will affect the value to the City of the work performed at the
time of default. Neither party shall be entitled to any lost or anticipated profits for work
terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
12.01 NON -SOLICITATION
All parties agree that they shall not directly or indirectly solicit for employment, employ,
or otherwise retain staff of the other during the term of this Agreement.
13.01 CITY'S RESPONSIBILITIES
Consultant's performance requires receipt of all requested information reasonably
necessary to provision of services. Consultant agrees, in a timely manner, to provide City with a
comprehensive and detailed information request list, if any.
14.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the City's employee. Consultant's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
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(1) Consultant has the right to perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help
Consultant.
(5) Neither Consultant nor its employees or subcontractors shall receive training from
the City in skills necessary to perform services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of the City.
15.01 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
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confidentiality of the other party's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Any and all materials created and developed by Consultant in connection with services
performed under this Agreement, including all trademark and copyright rights, shall be the sole
property of City at the expiration of this Agreement. Consultant shall be allowed to keep a copy
of the materials for its records.
16.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards under similar circumstances, and
shall be performed in a professional and workmanlike manner. Consultant shall re -perform any
work not in compliance with this representation.
17.01 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of the City or of this
Agreement, then and in that event the City shall give written notification to Consultant;
thereafter, (a) Consultant shall either promptly re -perform such services to the City's satisfaction
at no additional charge, or (b) if such deficient services cannot be cured within the cure period
set forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
In no event shall Consultant be liable to the City, by reason of any act or omission
relating to the services provided under this Agreement (including the negligence of Consultant),
whether a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit,
punitive, special or similar damages relating to or arising from the services, or (b) in any event,
in the aggregate, for any amount in excess of the total professional fees paid by the City to
Consultant under this Agreement, except to the extent determined to have resulted from
Consultant's gross negligence, willful misconduct or fraudulent acts relating to the service
provided hereunder.
18.01 INDEMNIFICATION
Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents,
directors, servants, representatives and employees, from and against any and all suits, actions,
legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and
claims of any character, type, or description, including but not limited to any and all expenses of
litigation, court costs, attorneys' fees and all other costs and fees arising out of this Agreement to
the extent caused by Consultant's acts of negligence or willful misconduct.
To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify
Consultant, its officers, agents, directors, servants, representatives and employees, from and
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against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages,
fines, penalties, liabilities and claims of any character, type, or description, including but not
limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and
fees arising out of this Agreement to the extent caused by City's acts of negligence or willful
misconduct.
19.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
20.01 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf;
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, the City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
21.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Consultant, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the
City of Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights, if required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
B. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of a contract. The signatory executing this Agreement on behalf of
Consultant verifies Consultant does not boycott Israel and will not boycott Israel during the term
of this Agreement.
22.01 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at:
https: www.roundrocktexas.gov.,wp-contentiu loads,,2014i12,core insurance07.20112.pdf A
certificate of insurance is attached as Exhibit "F" of this Agreement and incorporated herein by
reference for all purposes.
23.01 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required hereunder.
24.01 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Corey Amidon, Facility Manager
General Services Department
City of Round Rock
212 Commerce Boulevard
Round Rock, TX 78664
(512) 341-3144
camidon@roundrocktexas.gov
25.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
MWM Design Group, Inc.
305 East Huntland Drive #200
Austin, Texas 78752
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
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AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
26.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
27.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
28.01 DISPUTE RESOLUTION
The City and Consultant hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
29.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
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30.01 STANDARD OF CARE
Consultant shall perform the services with the care and skill ordinarily used by members
of the profession practicing or working under similar circumstances at the same time and in the
same locality.
31.01 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
32.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
33.01 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to complete the services for each phase of this Agreement within the agreed
project schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to City due to Consultant's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without a waiver of any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of R
7
ay:
Printed N
Title:
Date Signed:
Rock, Texas
For City, Attest:
-P i M-11 SRIFar
For City, Approved as to Form:
By:_ I
Stephan . Sheets, City Attorney
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MWM D ign roup Inc.
By:
Prin arae: '
Titl
Date Signed: _ _
wm
besig
Exhibit A
City Services
www.mwmdesigngroup.com
TBAE Firm Registration No.: 1452
TOPE Firm Registration No.: F-1416
TBPLS Firm Registration No.: 10065600
Owner is expected to provide program and scope for the Clay Madsen Recreation Center
Improvements, to provide record documents of the existing building (as may be available), to
provide timely review of submittals furnished by MMW DesignGroup, and to secure such permit
approvals from the City of Round Rock as may be required for the project.
Page 2
14 a . Group
Exhibit B
Consultant Services
SUMMARY OF PROFESSIONAL SERVICES
www.mwmdesigngroup.com
TBAE Firm Registration No.: I452
TBPE Firm Registration No.: F-1416
TBPLS Firm Registration No.: 10065600
TDL
Plans for new "construction of or for the substantial renovation or modification" with a construction
cost exceeding $50,000 must be reviewed and inspected by a State Licensed Registered Accessibility
Specialist (RAS) on behalf of the Texas Department of Licensing and Regulation (TDLR). Fees for TDLR
review are the responsibility of the owner. Fees can range from approximately $900-$1,200, subject
to change by RAS. MWM can advise on selection of RAS and will coordinate with RAS for design plan
review and inspection.
Preliminary/Schematic Design Phase
Upon NTP, MWM shall complete Preliminary Design documents outlining proposed approaches, and
projected construction costs, for the Owner's review and approval.
Schematic Design documents will be prepared for the Owner's preferred project solution. One
formal submittal of documents will be made at the end of Schematic Design Phase (30% Design
Phase). This phase includes not more than two formal meetings with project stakeholders. This
phase includes a preparation of a detailed cost estimate for the preferred solution.
Design Development
Upon approval of the Schematic Design documents, MWM shall prepare Design Development
documents, including plans and outline specifications and a finish schedule.
Construction Documents
One formal submittals of documents for Owner review shall be made during the Construction
Documents Phase at 90%. Final documents, Incorporating responses to owner comments, will be
Issued at 100% completion of the design. Submittals shall include a project manual and drawings.
This phase includes an updated cost estimate and includes not more than two formal meetings with
project stakeholders.
This proposal has been prepared under the assumption that any modifications to existing
mechanical, electrical and plumbing systems or appurtenances will be addressed as repairs or
replacements in kind. An allowance of $2,500.00 has been included in the fee projection to
accommodate engineering design input (including specifically preparation of associated
specifications) for such repairs or replacements In kind. Substantial modifications to existing building
systems, including any changes made to type, configuration, or capacity of such systems, may
require engineering services beyond the basic scope of this proposal. MWM and its consultants
would provide such services, if requested by Owner, as additional services.
Permittinrt
MWM will prepare a building permit application for the City of Round Rock and will respond to
review comments. Permit fees are not included in the Fee Schedule for this project.
Page 3
• Graup,
www.mwmdesigngroup.com
TBAE Firm Registration No,1452
TBPE Firm Registration No.: F-1416
TBPLS Firm Registration No.: 10065600
Bid and Award Phase Service
Bid and award phase services are not included in the scope of this proposal. Such services may be
provided on an an -call basis, at the hourly rates Included in Exhibit F.
Construction Phase Services
Construction phase services are not Included in the scope of this proposal. Such services may be
provided on an on-call basis, at the hourly rates included in Exhibit F.
City of Round Rock shall assume all responsibility for construction phase services not provided by
MWM, including but not limited to review of submittals, interpretation of the construction
documents, observations of the work In progress, review of applications for payment, preparation of
punch lists, and responses to Contractor requests for information.
Page 4
www.mwmdesigngroup.com
Group TBAE Firm Registration No.: 1452
TOPE Firm Registration No.: F-1416
TBPLS Firm Registration No.: 10065600
Exhibit C
Work Schedule
Design phase services can be completed within 4 — 6 weeks of Notice to Proceed, assuming timely
review of interim submittals.
Page 5
www.mwmdesigngroup.com
Group TSAE Firm Registration No.: 1452
T6PE Firm Registration No.: F-1416
in n a TBPLS Firm Registration No. 10065600
Exhibit D
Fee Schedule and Basis of Compensation
Schematic Design
Design Development
Construction DocumentslBuilding Permit
Bid-Award-EKacutson
Construction Phase
TOTALS
Reimbursible Expenses (Allowance]
MWM
hours
Fee
16
$
2,109.58
21
$
2,707.25
38
$
5,038.06
0
$
-
D
$
75
$
9,854.89
$
2,500.00
Page 6
wm
peSig
www.mwmdesigngroup.com
TRAE.Fitm Registration No : 1452
T13PE Firm Registration No., F-1416
TBPLS Firm Registration No 10065690
Exhiblt E
Standard Rate Schedule
2019
MWM DesignGroup Rates
Labor Cat Dries
Licensed Professional V / Principal
290.00
Licensed Professional IV / Sr Prolect Man
a $224.00
Licensed Professional III / Sr Project
195.00
Licensed Professional 111 Pro ect Manager
$160.00
Licensed Professional I i Pra ect Manager
130.00
En neerin Arch Support Staff 11
$125.00
En neerin /Arch Su rt Staff 1
Sr Technician
$ 95.00
$105.00,
Technician
95.00
3 Person Feld Crew
$ 216.00
2 Person Field Crew
$165.00
1 Person Field Crew
1$113.00
Page 9
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Exhibit F
Certificate of Insurance
www.mwmdesigngroup.cam
TBAE Firm Registration No. 1452
TBPE Firm Registration No F-1416
TBPLS Firm Registration No.: 10065600
Page 9
Cltwntfi- I-kvAg4
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ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE (MMMD+YYYY)
9M91z019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS). AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
N SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an
this certificate does not coMer any rights to the certificate holder In lieu of such endorsement a .
PRODUCER
Debra Wylie
USI Southwest
512-851-4159 .610.537-2782
7600-8 N. Cap. of Tx. Hwy. #200
%Nkffi, debra.wylleOusi.com
Austin, Texas 78731
INSURERM AFFORDING COVERAGE MAIC 1
INSURER A . Aroma hsrarrn r 1 19801
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MWM Design group, Inc.
305 E. Huntland
INSURER a.
INSURER C,
PROOUCTS- COUPADP AM
Suite 200
INSURER D
AUTOMOBILE LIABILITY ITY
ANY AUpTO
SCHEDULED
�RAUTOS OILY AUTOS
AUTO$ONLY AUTOS
Austin, TX 78752
INSURER
: F
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE= FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
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121 AE0000436013/30/2019
Retro:10/01180
03/30/20
$2,000,000 per claim
$2,000,000 annl aggr.
OESCEIP LION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101, Addlkmal Rs rks Schedule, mar be MPOW N more spa* Is nMWrsd)
RE: Job #F-19.097.
City of Round Rock
212 Commerce Blvd.
Round Rock, TX 78864
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIM REPRESENTATIVE
re-
BIBS-2MS ACORD CORPORATION. All Nahte reserved.
ACORD 25 (20111103) 1 of 1 The ACORD name and logo are registered marks of ACORD
fiR9RR1 asnA1MVR.a1 17.gA V U A70
ACO -I
CERTIFICATE OF LIABILITY INSURANCE
DATA I�MYI
$„19
THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION 18 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In Ileu of such endorsement e .
PRODUCER
Frost Insurance Austin
401 Congress Ave., #1400
Austin TX 78701
OT Tails D'Abramo
PHONE 512-473-4534 FAx 512.473-4680
He 0,11.L
EXP
INSun AFFOROING COVERAGE NAIL a
smam A- Hartford Fire Insurance Co 19882
INSURED UMM-1
MWM Design GroupInc.
305 East Huntland Drive #200
Austin TX 78752
amnEn a. Hartford Capa& Insurance Company 29424
Enc; Hard Accident d:lndemn Com 22357
Hartford
D
INSURER E
e1SURER F:
cnVFAAr%Fs (!FFMFICATE NUMRER!5RR279329 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OP INSURANCE
VAM
POLICY N MBEAiMU#OlkVYYVk
EXP
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C
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41412020
EACHOCCUI;AENCE $1000.000
roncol $300,000
MED EXP Ona PersoM $10 000
PERSONAL A ADV INJURY $ 11,00D,000
GENERAL AGGREGATE 52.000000
PRODUCTS - COMPIOP AGO STOWXO
$
A
AUTO110BILEUABILRY
X ANY AUTO
OWNED SCHEDULED
AUTOS ONLYAlJT09
X HIRED X NON OWNED
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BODILY RIURY (Parpenw) S
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ANYPROPRIETORIPAATNEROMCUT1VE ❑M
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(lland.lanr In NH)
eyN. dnuW under
DESCRUFFION OF OPWMNS below
A
E L EACH ACCIDENT s
E.L. DISEASE • EA EMPLOWE s
E.L. DISEASE -POLICYLUIT S
DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101. AddRlenal RnnnMa Schedule, maybe aeadwd Hamm spate Is required)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEI I BEFORE:
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANM WITH THE POLICY PROVISIONS.
City of Round Rock
212 Commerce Blvd. "°mPRESrATWa
Round Rode TX 78684 � Br1�
01OM2015 ACORD CORPORATION. All rigtlts reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
ACOR&DATE
CERTIFICATE OF LIABILITY INSURANCE
{MMDDIYYVY)
09/19/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE BOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement a .
PRODUCER
David c/o Praxiioom Risk Management, LLC hers
123 West Bloomingdale Avenue #300
Brandon, FL 33511
OF INSURANCE
PHONE -N . (888) 350.7729 P
AUTHORGS:DREPRESENTATIVE��
INSURER(S) AFFORDING COVERAGE NAIC •
INSURER A: American Zurich Insurance Company 40142
INSURED
Nexlep, Inc. and Nextap Business Solutions, Inc.
1900 North Interstate Drive
Norman, OK 73072
INSURER e .
INSURER C:
INSURER 0:
INSURER E
NMRER F:
COVERAGES CERTIFICATE NUMBER!IBOK505949080 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
R
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OF INSURANCE
AUTHORGS:DREPRESENTATIVE��
POLICY NUMBER
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EACH OCCURRENCE S
CLAIMS -MAGE
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PERSONAL i ADV W"Y S
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GENERAL AGGREGATE S
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PRODUCTS -COMP)OP AGO S
$
OTHER:
AUTOMOBILE LIABILITY
N D SINGLE UM T S
ANY AUTO
BODILY INJURY Mw person} S
OWNED SCHEDULED
AUTOS ONLYAUTOS
BODILY INJURY IPU accidenll S
PROPERTY DAMAGE S
HIRED NOR -OWNED
AUTOS ONLY qAUTOS ONLY
S
UMSRELI.A LIAe
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AGGREGATE 3
EXCESS LIAR
CLAJM84 WE
DED RETENTION s
$
A
W°RIERS C°MPENSATION
AND EMPLOYERS' LIABILITY Y I N
A" ETORIARTUMC� ❑
DFFEo
(Mandatory In NH)
NIA
WC58-11-380.08
08/01/2019
08/01/2020
X I PER
TAT
EL' EACH ACC1°ENT 1000000
E.L. DISEASE - EA EMPLOY4 S 1 000 000
Ifye describe under
of sSG�RIPTION of RATIONS belaw
E.L. DISEASE - POLICY LIMIT I s 1000 000
Location Coverage Period:
08101/2019
0&Dt/2020
Clients 1515 TX
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES JACORO 101, Addki" Remuks Schaduls, may be aesched I roan spa IS requlnld)
Coverage Is provided for Alt. Emp: MWM Design Group, Inc.
ody those co-erndbyees 305 E Hundand Dr #200
ol, bul not subcontractors Austin, TX 78752
to:
CERTIFICATE HOLDER CANCELLATION
City of Round Rock
SHOULD ANY OF THE ABOVE DESCIUSED POLICIES BE CANCELLED BEFORE
212 Commerce Bhrd
THE EXPIRATION DATE THEREOF, XOTICE WILL BE DELIVERED IN
Round Rock, TX 78684
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORGS:DREPRESENTATIVE��
IEI4aaa.7ni4 Ar'`non r`nDCnDATInu An A -6t. r .,..,,.,.1
City of Round Rock
ROUN0ROCK
ExA� Agenda Item Summary
Agenda Number:
Title: Consider executing a Professional Consulting Services Agreement with
MWM Design Group, Inc. for design services related to the Interior
Renovations Project at Clay Madsen Recreation Center.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 121612019
Dept Director: Chad McDowell, General Services Director
Cost: $12,354.89
Indexes: General Self -Financed Construction
Attachments: Agreement
Department: General Services Department
Text of Legislative File CM -2019-0374
With this agreement MWM shall complete Preliminary Design documents outlining proposed
approaches, and project construction costs.
Cost: $12,354.89
Source of Funds: General Self -Financed Construction
Crty of Round Rock page 1 Printed on 11/5/2019