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R-87-1037 - 9/10/1987TEXAS ATTEST: RESOLUTION NO. 31R R WHEREAS, the Citizens of Round Rock have indicated through a bond election their desire for a large City Park; and WHEREAS, the Council previously retained a professional park planner to design said park; and WHEREAS, the Council now desires to have all aspects of the Palm Valley Park Project move forward; and WHEREAS, it is necessary to have a Project Manager specifically for this project; and WHEREAS, the Council is desirous of entering into an agreement with 4ai,A., i ii; ; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the Mayor isAe/Jreby 77).21: h d and directed to a execute an agreement with .�"�'"A"� for the management of the Palm Valley Park Project, a copy of said agreement being attached hereto and incorporated herein for _all purposes. RESOLVED this 10th day of September, 1987. L �1 am� F City Seretary MIKE ROBINSON, Mayor City of Round Rock, Texas AGREEMENT for PROJECT MANAGER - PALM VALLEY PARK PROJECT MADE AND ENTERED INTO by and between the City of Round Rock, Texas and Larry Madsen, hereinafter called MANAGER. RECITALS CONTRACTUAL UNDERSTANDINGS SECTION I EMPLOYMENT OF THE MANAGER The City of Round Rock intends to fund and construct certain improvements in Palm Valley Park by contract, by volunteer forces and donated materials, with city and contributed funds. Such activities are hereinafter referred to as the "PROJECT ". The City of Round Rock agrees to employ the Manager and the Manager agrees to perform the services in connection with the project as stated in the sections to follow, and for having rendered such services, the owner agrees to pay to the Manager compensation as stated, here and the in the section to follow. Manager will be paid on a monthly basis at the rate of Three Thousand Seven Hundred Fifty and No /100 Dollars ($3750.00) per month. SECTION II CHARACTER AND INTENT OF SERVICES The Manager shall render the following services necessary for the development of the project: 1. Duties may include, but are not limited to the following: * Supervise, schedule and coordinate the performance of specific tasks to be carried out by hired, contracted, and /or volunteer personnel. * Coordinate support services within the Parks 8 Recreation Department and /or other City Departments. * Review plans and specifications and attend pre- construction conference. * Insure facility development is consistent with plans and specifications. * Resolve conflicts between contractors and City inspector. * Solicit the donation of materials and services as required. - * Figure .* material -- costs, z order materials and coordinate the delivery of materials. - Maintain a_financial status report: a Maintain records and prepare progress reports. * Make recommendations related to the efficient execution of project components. • Plan, organize, direct and implement construction projects. * Duties that may not be defined but become necessary for completion of the project. 2. Manager will be responsible for and will be compensated for certain items as follows: (Per Month) Truck (Including Insurance)* Fuel Insurance (Health & Hospitalization) Phone & Misc. Job trailer & other misc. equipment TOTAL EXPENSES $900.00 *Comprehensive Automobile Liability Insurance to be kept in force during the life of this agreement as follows: 250,000 PER PERSON 500,000 PER OCCURANCE 100,000 PER OCCURANCE SECTION III PERIOD OF SERVICE This agreement shall be effective October 15, 1987, or upon execution by the owner and the Manager, whichever is later, and shall remain in force for one year, subject to renewal upon consent of both parties, or until terminated under provisions hereinafter provided in Section VI. SECTION IV COORDINATION WITH THE OWNER The Manager shall hold periodic conferences with the Owner, or its ,representatives, to the end that the Project, as perfected, shall have full benefit of the Owner's experience and knowledge of existing needs and facilities, and be consistent with its current policies and construction standards. To implement this coordination, the Owner shall make available to the Manager, for use in planning the Project, all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to the Project. SECTION V THE MANAGER'S COMPENSATION $450.00 150.00 100.00 100.00 100.00 BODILY INJURY BODILY INJURY PROPERTY DAMAGE OR DESTRUCTION For and in consideration of the services to be rendered by the Manager, the Owner shall pay, and the Manager shall receive the compensation hereinafter set forth. All remittances by Owner of such compensation shall either be mailed or delivered to the Manager at No. 25 Shady Rock Court, Round Rock, Texas, 78664. Payment for services will be made by the Owner on a monthly basis. - Either party ' to this agreement may ,terminate the agreement by giving to the other party fifteen (15) days notice in writing. The Manager shall indemnify and hold the City of Round Rock, Texas, and all of its officers, agents, servants, and employees harmless from any loss, damages, liability or expense, on account of damage to property and injuries, including death, to all persons, which may arise from any negligence on the part of the Manager or any breech of any of his obligations under this agreement, and shall defend at his own expense any suites or other proceedings brought against the City of Round Rock, and its officers, agents, servants and employees, or any of them on account thereof, and pay all expenses and satisfy judgements which may be incurred by or rendered against them, or any of them, in connection herewith. SECTION VIII ADDRESS OF NOTICES AND COMMUNICATIONS All notices and communications under this agreement to be mailed or delivered to Manager shall be to the following address: All notices and communications under this agreement to be mailed or delivered to the City of Round Rock shall be to the following address: With a copy to: SECTION VI TERMINATION • _ SECTION VII HOLD HARMLESS Larry Madsen No. 25 Shady Rock Court Round Rock, Texas 78664 City of Round Rock 221 East Main Street Round Rock, Texas 78664 Attention: City Manager Sharon Prete Director of Parks & Recreation 214 East Main Street Round Rock, Texas 78664 SECTION IX SCHEDULE OF COMPLETION The Manager will fulfill the scope of services included in the Project in a professional and timely manner. The Owner's wishes and requirements regarding the project will be conveyed through the City's Director of Parks and Recreation, and the Manager shall confer frequently with the Directory of the Project. It The City of Round Rock and the Manager each binds himself and his successors, executors, administrators and assigns to the other party of this Agreeement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement. Except as above, neither the Owner nor the Manager shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. SECTION X SUCCESSORS AND ASSIGNS EXECUTED in two counterparts (each of which is an original) by the Manager and on behalf of the City of Round Rock by its ilayor (thereunto duly authorized) this the /D tt day of ,Q.1 p /yN /,COA , , 1987. ATTEST; am4toi r liYlek NNE LAND, City Secretary ATTEST: CITY OF ROUND ROCK MIKE ROBINSON, Mayor .faiiivik---- DATE: September 8, 1987 SUBJECT: Council Agenda, September 10, 1987 ITEM: 13.A. Con a resolution authorizing the mayor to enter into a contract for a project manager for Palm Va11Py Park. STAFF RESOURCE PERSON: Sharon Prete STAFF RECOMMENDATION: That we enter into a contract with Larry Madsen because of his knowledge of construction and his involvement in the Youth Sports Community. ECONOMIC IMPACT: One of Mr. Madsen's many job responsibilities is to solicit donations of manpower, materials, equipment and machinery to reduce construction ccsts, thus stretching our development dollars.