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R-88-1167 - 9/22/1988RESOLUTION NO. 1/6712 WHEREAS, the City of Round Rock has previously contracted with Larry Madsen to provide project manager services necessary for the construction of improvements to the Old Settlers Park at Palm Valley, and WHEREAS, the Agreement expires on October 15, 1988, and WHEREAS, the City and Madsen desire to extend the term of the contract for six months with an option to renew on a monthly basis for an additional six month period, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement with Larry Madsen, a copy of said Agreement being attached hereto and incorporated herein for all purposes. RESOLVED this day of September, 1988. ATTEST: .id /1 ' i /_ vd ne Land, Ci y Secretary G7RESMADSN Mike Robinson, Mayor City of Round Rock, Texas Mayor Mike Robinson Mayor Pro -tem Trudy L. Lee Council Members Mike Heiligenstein Glenn T. King Pete Correa Ronnie Jean Charles Culpepper City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets Dear Bob: September 12, 1988 Mr. Robert L. Bennett, Sr. City Manager City of Round Rock 221 Fast Main Street Round Rock, Texas 78664 Jim Nuse Director, Public Works THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512- 255 -3612 The Contract between myself and the City of Round Rock for Project Manager for Old Settler's Park at Palm Valley expires the 15th day of October, 1988. I would like to renew this contract under the same terms except changing the period of service to be six months with an option to renew on a monthly basis for another six months. The first six months period would be to April 15, 1989 and this would enable us to complete the construction of the ballfields and utilities. The monthly basis renewal for up to another six month period would allow us the flexability to possibly do additional work for the park if the budget allows. Your consideration to this matter is appreciated. cc: Sharon Prete Director of Parks & Recreation Larry Madsen Project Manager With Kindest Regards, AGREEMENT FOR PROJECT MANAGER OLD SETTLERS AT PALM VALLEY PARK PROJECT MADE AND ENTERED INTO by and between the City of Round Rock, Texas and Larry Madsen, hereinafter called "MANAGER ". RECITALS The City of Round Rock intends to fund and construct certain improvements in the Old Settlers Park at Palm Valley 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 in the section to follow. The City and Manager agree that the Manager is an independent contractor and that this agreement in no manner whatsoever establishes an employer - employee relationship between the parties. Manager will be paid on a monthly basis at the rate of Three Thousand Seven Hundred Fifty and No /100 Dollars ($3,750.00) per month. G7AGREEPM CONTRACTURAL UNDERSTANDINGS SECTION I EMPLOYMENT OF THE MANAGER 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 & 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, order materials and coordinate the delivery of materials. * Maintain a financial status report. * 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)* $450.00 Fuel 150.00 Insurance (Health & Hospitalization) 100.00 Phone and Misc. 100.00 Job trailer & other misc. equipment 100.00 *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 TOTAL EXPENSES $900.00 SECTION III PERIOD OF SERVICE This agreement shall be effective October 15, 1988, upon execution by the owner and the Manager, and shall remain in force for six months. At the end of this six month period the Contract may be renewed on a monthly basis for up to another six month period 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 For and in consideration of the services to be rendered by the Manager, the Owner shall pay, and the Manager shall receive the compensation hereinabove 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. SECTION VI TERMINATIONS Either party to this agreement may terminate the agreement by giving to the other party fifteen (15) days notice in writing. SECTION VII HOLD HARMLESS 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 breach of any of his obligations under this agreement, and shall defend at his own expense any suits 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 judgments which may be incurred by or rendered against them, or any of them, in connection herewith. 2. BODILY INJURY BODILY INJURY PROPERTY DAMAGE OR DESTRUCTION ATTEST: JO ATTEST: With a copy to: 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: LAND, City Secretary 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 Director of the Project. SECTION X SUCCESSORS AND ASSIGNS The City of Round Rock and the Manager each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement 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. EXECUTED in two counterparts (each of which is an original) by the Manager and on behalf of the City of Round Rock by its Mayor (thereunto duly authorized) this the ay of , 1988. (/ CITY OF ROUND ROCK MIKE ROBINSON, Mayor 3. Q 611 z LARRY D SEN, Project Manager AGREEMENT FOR PROJECT MANAGER OLD SETTLERS AT PALM VALLEY PARK PROJECT MADE AND ENTERED INTO by and between the City of Round Rock, Texas and Larry Madsen, hereinafter called "MANAGER ". RECITALS The City of Round Rock intends to fund and construct certain improvements in the Old Settlers Park at Palm Valley by contract, by volunteer forces and donated materials, with City and contributed funds. Such activities are hereinafter referred to as the "PROJECT ". CONTRACTURAL UNDERSTANDINGS SECTION I EMPLOYMENT OF THE MANAGER 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 in the section to follow. The City and Manager agree that the Manager is an independent contractor and that this agreement in no manner whatsoever establishes an employer - employee relationship between the parties. Manager will be paid on a monthly basis at the rate of Three Thousand Seven Hundred Fifty and No /100 Dollars ($3,750.00) 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 & 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, order materials and coordinate the delivery of materials. * Maintain a financial status report. * 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. G7AGREEPM 2. Manager will be responsible for and will be compensated for certain items as follows: (Per Month) Truck (including insurance)* $450.00 Fuel 150.00 Insurance (Health & Hospitalization) 100.00 Phone and Misc. 100.00 Job trailer & other misc. equipment 100.00 250,000 PER PERSON 500,000 PER OCCURANCE 100,000 PER OCCURANCE TOTAL EXPENSES $900.00 *Comprehensive Automobile Liability Insurance to be kept in force during the life of this agreement as follows: SECTION III PERIOD OF SERVICE BODILY INJURY BODILY INJURY PROPERTY DAMAGE OR DESTRUCTION This agreement shall be effective October 15, 1988, upon execution by the owner and the Manager, and shall remain in force for six months. At the end of this six month period the Contract may be renewed on a monthly basis for up to another six month period 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 For and in consideration of the services to be rendered by the Manager, the Owner shall pay, and the Manager shall receive the compensation hereinabove 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. SECTION VI TERMINATIONS Either party to this agreement may terminate the agreement by giving to the other party fifteen (15) days notice in writing. SECTION VII HOLD HARMLESS 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 breach of any of his obligations under this agreement, and shall defend at his own expense any suits 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 judgments which may be incurred by or rendered against them, or any of them, in connection herewith. 2 . 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: Larry Madsen No. 25 Shady Rock Court Round Rock, Texas 78664 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: 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 Director of the Project. SECTION X SUCCESSORS AND ASSIGNS The City of Round Rock and the Manager each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement 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. EXECUTED in two counterparts (each of which is an original) by the Manager and on behalf of the City of Round ock by its Mayor (thereunto duly authorized) this the —day of e.2i n d kv,J 1988. vO ATTEST: ATTEST: NE LAND, City Secretary CITY OF ROUND ROCK 3. MIKE ROBINSON, Mayor MA Z ' EN, Project Manager DATE: September 19, 1988 SUBJECT: Council Agenda, September 22, 1988 ITEM: 12D. Consider a resolution authorizing the Mayor extend a contract with Larry Madsen. STAFF RESOURCE PERSON: STAFF RECOMMENDATION: ECONOMIC IMPACT: Sharon Prete Larry Madsen has worked as the Old Settlers Park at Palm Valley Project Manager for the past year. Due to the excellent job he has done, Mr. Bennett, Mr. Nuse and I concur that it is in the best interest of the City to renew Mr. Madsen's contract. We recommend that his contract be extended for six months with monthly options for an additional six months. As Project Manager, Mr. Madsen has diligently worked to acquire donated or reduced cost services, materials and labor. His knowledge and experience in the construction business has been invaluable. Also his availability to consultants and contractors has saved time which transulates into dollars.