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and integrated Agreement between the City and the Engineer and supersedes all prior proposals, <br />negotiations, representations or agreements either written or oral between the parties. In the event <br />of a dispute between the City and Engineer regarding the intent of this Agreement, both parties <br />agree that they will construe this Agreement in a manner consistent with the City's Request for <br />Proposals, the Engineer's proposal response and the public record of the City Council's approval <br />of this agreement as applicable. This Agreement may be amended only by written instrument, <br />which must be signed by both the City and the Engineer. The San Marcos City Council must <br />approve any such authorization of change in services or amendment if the compensation for which <br />exceeds $50,000.00. The City may agree to a revised completion date /extension of time at its sole <br />discretion, and only upon receipt of a fully executed Authorization of Change in Services form <br />(Attachment E). <br />B. Any exhibits and /or attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br />C. In the event of any conflict between this Agreement and the provisions of any exhibit or <br />attachment to this Agreement, this Agreement will govern and control. <br />ARTICLE 11 <br />NOTICES <br />Notices required under this Agreement will be provided by the parties to one another and <br />will be deemed received when sent by certified mail„ return receipt requested, or by confirmed <br />facsimile transmission, to the following addresses: <br />To the C tv: <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Fax: 512.396.4656 <br />To the En ineer: <br />V. Ryan Sowa, P.E. <br />Kimley -Horn and Associates, Inc. <br />601 NW Loop 410, Suite 350 <br />San Antonio, Texas 78216 <br />Email: ryan.sowa @kimley- horn.com <br />The parties acknowledge that they have read, understand and intend to be bound by the <br />terms and conditions of this Agreement. Each of the persons executing this Agreement represents <br />that he or she has full power and authority to execute this Agreement on behalf of the party that <br />person represents. This Agreement will be effective as of the day and year established in the first <br />paragraph of this Agreement. <br />Approved As to Form: <br />OA <br />City Attorney's Offic <br />10 <br />