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R-99-03-11-14A8 - 3/11/1999MUTUAL RELEASE This mutual release, entered into on J , \ , 1999 between The City of Round Rock, Texas ( "City "), Round Rock Baseball, Inc. ( "RRB ") and FAS Construction Management, Inc. ( "FAS "), is intended by the parties to this release to effect the extinguishment of obligations, as designated below. With reference to that certain proposal for project management services dated February 22, 1999 (attached here as Exhibit A), certain budgetary constraints and other circumstances have arisen and the parties, who, in order to extinguish all obligations under the proposal, execute this mutual release. In consideration of the mutual relinquishment of their respective legal rights with reference to any current or future disputes and in consideration of the execution of this mutual release and of the payment by City and RRB to FAS of the sum of $26,670.00, each of the parties expressly, voluntarily, and knowingly releases and forever discharges the other, its heirs, executors, administrators, affiliates, subsidiaries, employees, directors, shareholders, predecessors, successors, or assigns, from all liability from any and all claims and demands related to and arising out of the proposal for project management services and any performance of such project management services. EACH OF THE PARTIES HEREBY VOLUNTARILY AND KNOWINGLY RELEASES THE OTHER, ITS HEIRS, EXECUTORS, ADMINISTRATORS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS, OR ASSIGNS FOR ANY AND ALL CLAIMS WHICH EITHER PARTY, ITS HEIRS, EXECUTORS, ADMINISTRATORS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS, OR ASSIGNS NOW HAS, OR MAY CLAIM TO HAVE NOW OR IN THE FUTURE, AGAINST THE OTHER PARTY FOR ANY AND ALL DAMAGES WHETHER OR NOT RESULTING FROM THE NEGLIGENCE, GROSS NEGLIGENCE, MISCONDUCT OF ANY PERSON AND /OR STRICT LIABILITY. eQ Q -0 / -I 1 Wf.GV.... / c ✓��Ns 6 FAS Construction Management, Inc. By: WILt.14.r\ /Yl. IAJ VRZQ6 c r. Its: T'REC 1 QF...+r Date: G // 49 This instrument was ACKNOWLE G� ED, SUSCRIBED AND SWORN TO BEFORE ME on this / day of u , 19 99 , by Gv, / /.a m. L .rzbac�J r the -- Pre!, , J e n of FAS Construction Management, Inc. on behalf of said corporation. Notary Public. My commission expires: t4'c)3_9 �� � Cit . ound Rock, exas By: ,eoeEer A. (srutle/, e. Its: mAyok, Date: JUA)E 3 1999 This instrument was CKNOWLEDGED, SUSCRIBED AND SWORN TO BEFORE ME on this 3 — day of Jaa)E , 19 99 , by koag,er A. ,vvureA, xe the /+7R yore, of C/ry or .dvuo 4c,e on behalf of said -Pile ePTy of ,ea11)a des Notary Public: 0.1.i U/ LL) /l Q My commission expires: Round Rock Baseball, Inc. By: Its: Date: Notary Public: My commission expires: 70,7A7,929393AA1AAAA0069f9 aaaaaaay JUDY L. DEREPENTIGNY NOTARY PUBUC STATE OF TEXAS COMM. EXP. E -28-99 VOctiSfAe. e'ccOati ceVea cue CHRISTINE R. MAm1NEZ MY CCMMISSiON IX ?ass ; ;;�',• August 5, 2001 This instrument was ACKNOWLEDGED, SUSCRIBED AND SWORN TO BEFORE ME on this day of , 19 , by the of on behalf of said 2 June 1. 1999 RE: Round Rock Express Mr. Stephan L. Sheets Brown McCarroll Sheets & Crossfield, L.L.P. 309 E. Main Street Round Rock, TX 78664 -5245 Dear Mr. Sheets, Enclosed for your review is the Mutual Release for the above referenced project. Please have the appropriate parties execute and return a copy of the document to FAS as soon as possible. I have enclosed a self- addressed, stamped envelope for your convenience. If you have any questions, please do not hesitate to contact me at (210) 344 -8881, ext. 17 or Bill Wurzbach at 210- 344-8881, ext. 14. Sincerely, Kerry Padgett FAS Construction Management, Inc. Enclosure cc. File 50588 FAS FAS CONSTRUCTION MANAGEMENT, INC. 8200 1H -10 West. Suite 300 San Antonio. Texas 78230 210 / 344 -8881 Office 210 / 344 -8882 Fax ATTEST: RESOLUTION NO. R- 99- 03- 11 -14A8 WHEREAS, the City of Round Rock desires to retain professional project management services, and WHEREAS, FAS Construction has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with FAS Construction, 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 a contract with FAS Construction, for professional project management services, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this llth day of March, 99. K: \WPDOCS \RBSOLUTI \R9O311AB.WPD /, cg , City Secretary 7 CHARLES CU EVPER, Mayor City of Round Rock, Texas AGREEMENT FOR FAS CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT FOR FAS CONSTRUCTION MANAGEMENT SERVICES, is made and entered into as of this 11t day of November, 1998, by and between the City of Round Rock, Texas and Round Rock Express Baseball Club (hereinafter jointly and severally referred to as "Owners ") on the one hand, and FAS Construction Management, Inc., a Texas corporation (hereinafter referred to as "Construction Manager "), on the other, with reference to the following facts: A. Concurrently herewith, Owners have entered into a (i) Master Agreement (the "Master Agreement ") to develop certain real property located in the City of Round Rock, Texas, County of Williamson, State of Texas (the "Property ") and (ii) an Agreement between Owner and Architect (the "Architect Agreement ") with HKS Inc., a Texas corporation. B. Pursuant to the Master Agreement, Owners shall cause to be constructed upon the Property a Convention Center having a gross square footage of approximately 8,500 square feet and an adjacent baseball stadium and having approximately 7788 seats together with related onsite and offsite improvements (collectively, the "Project ") as more fully depicted and specified in the plans and specifications for the Project (the "Plans and Specifications ") prepared by and/or under the supervision of the Architect pursuant to the Architect Agreement and referred to and incorporated into the Contractor Agreement. C. The Construction Manager has expertise in providing, and the Construction Manager desires to provide to Owners, the professional services with respect to the Project described in this Agreement and Owners wishes to engage the Construction Manager to provide such services with respect to the Project, all in accordance with and subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by both parties, the parties hereto, intending to be fully and legally bound, do hereby agree as follows: Article I: SCHEDULE OF SERVICES 1.01 Pre - Construction Phase Services (a) Review the potential problems associated with the proposed Project Delivery System. Advise Owners as to potential positive and negative impacts of each system being considered. Recommend any changes to Owners and Architect CONSTRUCTION MANAGER shall perform and furnish to Owners the following professional services (the "Services ") with respect to the Project: (b) Review development of construction documents by design consultants and review in conjunction with project budget and project schedule. Recommend changes, additions and clarifications to bidding documents. Attend and assist in conducting Pre -Bid Conference. Assist in analyzing Bids. (e) (f) Recommend successful Bidder to Owners. (g) Review Construction Contract prior to issue. (h) Develop master project schedule with input from Owners, Architect and Contractor. (i) Develop master project budget with input from Owners, Architect and Contractor. (j) Schedule and administer Pre - construction Conference. (k) Review Contractor's construction schedule. (1) Establish procedures to coordinate sequence of construction between separate contractors. (m) Establish procedures for expediting processing of Project Correspondence. (n) Throughout the Project, the Construction Manager shall define and collect all necessary documentation submissions required of the Contractor (and its subcontractors and materialmen) necessary for the administration of the Project monitoring and administration procedures; to include copies of all subcontracts, invoice back -up from contractors/subcontractors /and vendors, and conditional/unconditional lien waivers, all of which shall, at a minimum comply with the requirements of the Contractor Agreement. (0) The Construction Manager shall attend an initial meeting with the Owners, Architect, and Contractor, to review with Contractor and the others in attendance the procedures for making Applications for Payment under the Contractor Agreement and the requirements for receiving payment under such Applications for Payment. 1.02 Construction Phase Services (a) Throughout the course of construction of the Project until the Final Completion of the Work under the Contractor Agreement, the Construction Manager will make onsite observations of the Project, and will deliver to Owners a monthly progress report (the "Construction Report ") regarding the onsite observations conducted during that month. Each Construction Report will include but not be limited to: (i) a report of the site observations identifying the progress of the Work and each material item thereof then under construction and conditions at the Property at the time of the observation. (ii) Identification of the work in place and percentage of work completed at the Project and an evaluation of the general quality of the Work observed as well as an evaluation of whether a sufficient amount of labor was present and active on the Property to permit the Project to proceed as indicated in the Project schedule prepared in accordance with the Contractor Agreement. (iii) An evaluation of the progress and general quality of construction. 2 (iv) Ongoing feasibility of the scheduled dates for substantial completion and Final Completion of the Project, comments regarding stored materials, and general overview of the Project. (v) Recommendations concerning pending and /or anticipated Applications for Payment submitted under the Contractor Agreement and any other matters which, in the Construction Manager's professional opinion, may need additional attention. (vi) Color photographs to substantiate and document the Construction Manager's conclusions and findings. Each Construction Report shall be prepared and delivered to Owners as soon as possible after the completion by Construction Manager of the last onsite observation to be performed in each calendar month; provided that in all events such Construction Report shall be delivered to Owners no later than three (3) business days prior to the date on which Owners is obligated to deposit funds into the "Funds Disbursement Account" (as defined below) as required to pay the Contractor amounts owed under the Contractor Agreement at the time payment becomes due thereunder. (c) Construction Manager shall schedule its site visits at such times as shall enable Construction Manager (i) to attend regular monthly meetings with the Contractor and Architect to review each Application for Payment to be submitted to Owners by the Contractor and (ii) to observe each critical stage of the completion of the Work required under the Contractor Agreement. Such site visits will occur not less than once weekly. (d) Construction Manager may, with the prior written approval of Owners, which approval shall not be unreasonably withheld or delayed, engage one or more qualified professionals in the locality of the Project to conduct onsite observations for Construction Manager; provided that (i) such delegation of duty shall in no event relieve Construction Manager of its obligations or responsibilities to Owners, (ii) Construction Manager shall, in connection with seeking Owners approval of any such local professional, provide Owners with a Construction Manager Information Form signed by the local professional attesting to his or her qualifications and a current resume stating the relevant professional background and experience of the proposed professional. (e) (f) (g) (h) Track progress of construction schedule. Track progress of construction budget. Prepare daily log of construction activity, manpower, equipment and conditions. Coordinate sequence of construction between separate contractors. Monitor progress of response to Requests for Information (RFI's) and Submittals. Assist Architect in resolution of drawing conflicts /clarifications. Review Contractors requests for Change Orders and make recommendations to Owner. 3 ( At such time as the Contractor notifies Owners and /or Construction Manager that Final Completion of the Project has occurred in accordance with the Contractor Agreement, then the Construction Manager shall prepare and submit the final construction report which will: (i) Verify that the Project is substantially completed in accordance with the Contractor Agreement and, to the extent not in conflict with the express requirements of the Contractor Agreement, otherwise as may be customary in relation to industry standards for projects of the type and nature of the Project. Construction manager will also Review Contractor's Final Application for Payment including Final Waiver of Liens. 1.03 Payment Disbursements (a) The Construction Manager shall review, examine, and process all Applications for Payment from Contractor under the Contractor Agreement; maintain details of the "Cost of the Work "(as such term is defined in the Contractor Agreement) by line item, including such costs paid to date and retainage amounts; and provide Owners with construction cost breakdown by line item for each draw request. (b) On behalf of Owners, utilizing Disbursement Funds first deposited by Owners to the Funds Disbursement Administrator, assist in disbursing construction funds progress payments as approved by Owners, and as certified by Architect in accordance with the Contractor Agreement directly to the Contractor or, where authorized by the Construction Contract, to Contractor's subcontractors, materialmen and /or vendors whether by joint check or otherwise. (c) Owners will maintain, for the purposes of subparagraph 1.03(b), a commercial checking account through an insured commercial institution ( "Funds Disbursement Account "). (d) Construction Manager shall administer general documentation and approvals related to disbursement requests including: obtaining approval by Owners of any line item transfers or change orders; obtaining for Owners, from the Contractor, relevant completion documentation. (e) If the Contractor is declared to be in default under the Contractor Agreement for any reason, all funds then on deposit, or thereafter deposited in the Funds Disbursement Account, shall be disbursed only with the prior written consent of Owners. (f) Construction Manager, in performing the Services under this Section 1.03 shall be acting in the capacity of an Agent of Owners, and shall have no responsibilities nor liabilities as to the availability or sufficiency of Disbursement Funds. 1.04 Accounting and Protection Services (a) Throughout the course of the Work until Final Completion of the Project, Construction Manager shall maintain accurate and detailed books of account and records regarding the Project, the Cost of the Work, Applications for Payment, all documentation required under the Contractor Agreement in connection with each such Application for Payment, and the Funds Disbursement Account (as defined below) including but not limited to: 4 (i) (i) Article II.: SCHEDULE OF PAYMENTS 2.01 Construction Management Services 2.02 Invoices from Construction Manager 3.01 Provision of Documents each Application for Payment and all invoices, receipts and other substantiation therefor, (ii) certifications of the Architect with respect to each Application for Payment, (iii) each lien waiver and release submitted with each Application for Payment as required under the Contractor Agreement and (iv) the Construction Report prepared by the Construction Manager with respect to each Application for Payment verifying that the percentage of completion for each line item therein accurately reflects the percentage of completion of such line item based upon the onsite observation of the Construction Manager. (b) The Construction Manager acknowledges and agrees: that among the principal purposes of this Agreement is the protection of the Property and the Project from imposition of any mechanic's lien or similar statutory lien relating to the provision of goods, services, labor, equipment or materials to the Project or the Property; (ii) that the Construction Manager shall make every reasonable effort to preclude the imposition of any such lien to the extent that its action or inaction can affect the imposition of any such lien (provided, however, that so long as Construction Manager has performed its duties as required under this Agreement, Construction Manager shall not be obligated to expend its own funds to bond or remove a lien); In consideration of the due and timely performance of the Construction Management Services as described in Sections 1.01, 1.02, 1.03, and 1.04, OWNERS shall pay Construction Manager the aggregate fee of One Hundred and Seventy -Five Thousand Dollars ($175,000) to be invoiced at Twenty -Five Thousand Dollars ($25,000.00) due at the end of the month of March 1999 and Twelve Thousand Five Hundred Dollars ($12,500.00) per month for thirteen (13) months beginning in April 1999. Payment will be due at the end of each month. Construction Manager shall invoice Owners for all amounts coming due under this Agreement and Owners shall pay Construction Manager within ten (10) business days of its receipt of each timely and properly delivered invoice for Services under this Agreement. Article III. : RESPONSIBILITY OF OWNERS 5 Owners shall provide Construction Manager with a complete and correct copy of the Plans and Specifications, Architect Agreement and Contractor Agreement. 3.02 Access to Project Site Owners shall notify Contractor that Construction Manager shall have the right of access to the Project and the Property during normal working hours. 3.03 Applications for Payment Owners will required Contractor to supply Construction Manager with a full and complete copy of all Applications for Payment, change orders, schedules or other instruments relating to the construction or the improvements or the progress of such construction. Article IV.: LIABILITY 4.01 Limitation on Construction Mana¢er's Liability Construction Manager shall use its best efforts to protect Owners' interests by performing its duties under this Agreement diligently, but shall not be liable for claims or losses incurred by Owners in connection with the Project except to the extent that such losses arise in connection with Construction Manager's breach of this Agreement or otherwise arise in connection with the misconduct or negligence of Construction Manager. 4.02 Third Party Beneficiary Construction Manager's services are for the benefit of Owners only and are not for the benefit of any third party, including but not limited to the Contractor, its subcontractors /suppliers/ consultants, or any prospective or subsequent purchaser or user of the Project. Nothing contained herein this Agreement shall be deemed to create any contractual relationship between Construction Manager and any third party; nor shall anything contained herein be deemed to give any person or entity other than Owners, or Construction Manager any claim or right of action against Owners or Construction Manager which does not already exist without this Agreement. 4.03 Indemnification (a) Construction Manager shall indemnify, defend and hold Owners harmless from and against any and all claims, loss, liability, expense (including attorneys' fees and costs) or costs which arise in connection with Construction Manager's breach of this Agreement or otherwise arise in connection with the misconduct or negligence of Construction Manager. (b) Owners shall indemnify, defend and hold Construction Manager harmless from and against any and all loss, liability, expense (including attorneys' fees and costs) or costs to Construction Manager relating to claims of third parties which arise in connection with the performance of Construction Manager's duties under this Agreement but expressly excluding any claim or claims which arise in connection with Construction Manager's breach of this Agreement or otherwise arise in connection with the misconduct or negligence of Construction Manager. 6 4.04 Warranty as to Defects No review, analysis, or site visit observation of the Work by the Construction Manager shall be construed as a representation by the Construction Manager that the construction is or will be free from defects; provided that this Section 4.04 shall not relieve Construction Manager of liability for its failure to properly perform the Services as required under this Agreement. 4.05 Loss Relating to Acts of Financial Institution Holding Funds Disbursement Account Construction Manager shall not be liable for any loss of the Funds Disbursement Account funds occasioned by, arising out of, or in any way connected to the selection of the financial institution in which the Funds Disbursement Account funds are to be deposited and distributed. Additionally, Construction Manager assumes no responsibility in the event of any failure of the financial institution to honor any item drawn on the Funds Disbursement Account or to recredit the Funds Disbursement Account with any funds drawn improperly on said Account by forged endorsement or the failure of said financial institution to exercise commercially reasonable practices in connection with debiting any amount against the Funds Disbursement Account. 4.06 Construction Manager Not Project Manager, Contractor or Architect Construction Manager does not in any way agree to assume the duties of, architect or the contractor, nor does it agree to provide any of its funds to cover project costs, nor assume any liability or responsibility to any third party for the adequacy of the Funds Disbursement Account. Except as otherwise provided in this Agreement, Construction Manager shall not be liable for the acts of the Contractors, subcontractors, architects, engineers governmental authorities, or any of their agents or employees nor any person not directly in the employ of Construction Manager. Except for Construction Manager's duties to review the Plans and Specifications and the Work for compliance with applicable building codes and to determine whether Work complies with the Development Documents as provided in this Agreement, Construction Manager assumes no responsibility for problems of title, survey, engineering, architecture, construction or insurance, or to assure compliance by Contractor with requirements of governmental agencies. 4.07 Taxes Construction Manager is responsible solely for the payment of taxes levied with respect to the compensation payable to Construction Manager pursuant to this Agreement. Construction Manager is not responsible for the payment of taxes and any related reporting for Owners nor for the payment of taxes levied on Owners' contractors /subcontractors /suppliers /Construction Managers /vendors or prospective or subsequent purchasers or user of the Project. This includes but is not limited to payroll, income, sales, and/or any and all other similar impositions, whether federal, state or local. Article V. : REIMBURSEMENT OF EXPENSES Any additional services not included as part of the Services specified in Article I: of this Agreement, including but not limited to, attendance at additional onsite meetings, material changes in scope of the Construction Manager's duties, out -of- pocket expenses other than travel expenses in connection with onsite observations and meetings expressly contemplated in the scope of the Services, shall be invoiced at Construction Manager's current fee schedule to the extent approved in advance by OWNERS. Application and permit fees for governmental and agency approvals are not the responsibility of Construction Manager. 7 Invoices will be submitted monthly upon completion of services. Payment is due net ten (10) days from date of invoice. Article VI.: TERMINATION 6.01 Grounds for Termination This Agreement can be terminated as follows: (a) Without cause, on the giving of thirty (30) days' written notice to the other party at the address provided in this Agreement; or (b) By Owners, immediately upon written notice to the Construction Manager, if for any reason Work on the Project has ceased; or (c) By Owners immediately upon written notice to the Construction Manager that Construction Manager is in breach of its obligations to Owners under this Agreement. 6.02 Payment upon Termination In the event of termination of this Agreement for any reason other than the reason specified in Section 6.01(c), Construction Manager shall be paid for all services completed to the date of termination. A termination of this Agreement by OWNERS pursuant to Section 6.01(c) shall not impair Owners rights to seek damages or any other remedy which may be available to Owners at law, in equity or otherwise. Article VII. GENERAL AND ADMINISTRATIVE PROVISIONS 7.01 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue in any action for enforcement of this Agreement shall be in a court of competent jurisdiction in Bexar County, Texas. 7.02 Entire Agreement This Agreement represents the entire and integrated Agreement between Owners and Construction Manager, and supersedes all prior negotiation, representations or agreements, either written or oral. There are no other agreements between the parties regarding the subject matter hereof except as specifically set forth herein. This Agreement may be amended only by written instrument signed by both the Construction Manager and Owners which expressly states that the parties intend to amend this Agreement. [Steve, lets discuss this paragraph - -Tim] 7.03 Severability The validity or unenforceability of any provision in this Agreement shall not affect the validity or enforceability of any other provision hereof. 7.04 Rules of Construction This Agreement has been jointly drafted by the parties hereto, each party has been afforded an opportunity to consult with counsel, enters into this Agreement voluntarily, and any ambiguity herein shall 8 not be construed more strictly against one party than against the other. The caption, section, bold, or underlined headings of this Agreement are inserted for convenience of reference only and shall not in any way affect, limit, amplify, or modify the terms and provisions hereof. The terms "including" and "include" mean "including without limitation" and "including, but not limited to ". The term "any" as a modifier to any noun, shall be construed to mean any and /or all" preceding the same noun in the plural. The terms "herein" "hereunder" and other similar compounds of the word "here" refer to the entire document in which the term appears and not to any particular provision or section of the document in which the term appears and not to any particular provision or section of the document. References to Articles and Sections are references to provisions of this Agreement except where expressly provided to the contrary. When used in th is Agreement the use of the plural shall include the use of the singular and vice versa and the male gender shall include and refer to the male, female and neuter genders. 7.05 Successors and Assigns Neither party shall assign its rights or delegate its obligations under this Agreement without the prior written approval of the other party except (i) that Construction Manager may delegate a portion of its duties of onsite observation to a qualified local professional approved by Owners in accordance with Section 1.02(c) and (ii) that Owners may assign its rights and obligations to a wholly -owned subsidiary or an affiliate of Parent. Owners shall provide notice to Construction Manager of such assignment. No such assignment shall relieve Owners of its obligations hereunder. Subject to the foregoing, this Agreement shall beneflt and be binding on the parties and their respective successors and assigns. 7.06 Notices Any notices, demands, approvals and other communications provided for herein shall be in writing and shall be delivered by telephonic facsimile and by overnight air courier, personal delivery or registered or certified U.S. Mail with return receipt requested, postage paid, to the appropriate party at its address as set forth beneath its signature below. Addresses for notice may be changed from time to time by written notice to the other party. Any communication given by mail will be effective (i) upon the earlier of (a) three business days following deposit in a post office or other official depository under the care and custody of the United States Postal Service or (b) actual receipt, as evidenced by the return receipt; (ii) if given by telephone facsimile, when sent, and (iii) if given by personal delivery or by overnight air courier, when delivered to the appropriate address set forth above or on the date such delivery is refused by the addressee. 7. Waiver No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. 7.08 Counterparts This Agreement may be executed in one or more counterparts, all of which together shall constitute one and the same Agreement. 9 IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed as of the date and year first above written. Construction Manager: FAS CONSTRUCTION MANAGEMENT, INC., a Texas corporation By: William M. Wurzbach, Jr President Address For Notices: FAS Construction Management, Inc. 8200 IH -10 West, Suite 320 San Antonio, Texas 78230 Facsimile: 210- 344 -8882 OWNERS: CITY OF ROUND ROCK, TEXAS By: James R. Nuce Director of Public Works And ROUND ROCK EXPRESS BASEBALL CLUB By: R.D. Sneed Assistant General Manager Address For Notices: City of Round Rock Public Works Department 2008 Enterprise Drive Round Rock, Texas 78664. Facsimile: 512-218-5563 [Signatures Commence on Next Page] 10 DATE: March 5, 1999 SUBJECT: City Council Meeting — March 11, 1999 ITEM: 14.A.8. Consider a resolution authorizing the Mayor to execute an agreement with FAS Construction for project management services. In order to insure the Convention Center /Stadium project is completed in an efficient manner, the City and the team are proposing to secure construction management services. FAS Construction Management from San Antonio has provided a proposal to provide these functions. The costs will be project costs and will not affect the City's contribution of $7,350,000.00. Staff Resource Person: Jim Nuse, Public Works Director.