Res 2013-165/Approving agreement w/Brown & Gay Engineers for services in connection w/Hwy 123 at Wonder World relocations project

Home Browse Search

and integrated Agreement between the City and the Engineer and supersedes all prior proposals, negotiations, representations or agreements either written or oral between the parties. In the event of a dispute between the City and Engineer regarding the intent of this Agreement, both parties agree that they will construe this Agreement in a manner consistent with the City's Request for Proposals, the Engineer's proposal response and the public record of the City Council's approval of this agreement as applicable. This Agreement may be amended only by written instrument, which must be signed by both the City and the Engineer. The San Marcos City Council must approve any such authorization of change in services or amendment if the compensation for which exceeds $50,000.00. The City may agree to a revised completion date /extension of time at its sole discretion, and only upon receipt of a fully executed Authorization of Change in Services form. B. Any exhibits and/or attachments attached to this Agreement are incorporated by reference into this Agreement as though included verbatim herein. C. In the event of any conflict between this Agreement and the provisions of any exhibit or attachment to this Agreement, this Agreement will govern and control. ARTICLE 11 NOTICES Notices required under this Agreement will be provided by the parties to one another and will be deemed received when sent by certified mail, return receipt requested, or by confirmed facsimile transmission, to the following addresses: To the City: City Manager City of San Marcos 630 E. Hopkins San Marcos, Texas 78666 Fax: 512.396.4656 To the En ineer: Rafael Cruz- Rodriguez, PE, Sr. Project Manager Brown & Gay Engineers, Inc. 7000 N. Mopac Expressway, Suite 330 Austin, TX, 78731 512- 879 -0499 The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. Each of the persons executing this Agreement represents that he or she has full power and authority to execute this Agreement on behalf of the party that person represents. This Agreement will be effective as of the day and year established in the first paragraph of this Agreement. As to Form: ff 'NUMINN- ity Attorney's 10