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ARTICLE 11 <br />EXTENT OF AGREEMENT <br />11.1 This Agreement, including appendices and referenced attachments represents the entire <br />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 <br />event of a dispute between the City and Engineer regarding the intent of this Agreement, both <br />parties agree that they will construe this Agreement in a manner consistent with the City's <br />Request for Proposals, the Engineer's proposal response and the public record of the City <br />Council's approval of this agreement as applicable. The Engineer's expenses for travel, office, <br />production and other expenses associated directly or indirectly with this Agreement are included <br />as part of the total fee. This Agreement may be amended only by written instrument, which must <br />be signed by both the City and the Engineer. The San Marcos City Council must approve any <br />such authorization of change in services or amendment the compensation for which exceeds <br />$50,000.00. <br />11.2 Any exhibits and /or attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br />11.3 In the event of any conflict between the Agreement and the provisions of any exhibit or <br />attachment to this Agreement, this Agreement will govern and control. <br />11.4 This Agreement includes the provisions of TWDB Contract and any attachment or <br />exhibit to this Agreement and the TWDB. In the case of any conflict among the provisions of <br />this Agreement, the following descending order of precedence will be observed: <br />a) TWDB Contract No. 1248321448 and its exhibits (Attachment A); <br />b) This Agreement <br />ARTICLE 12 <br />NOTICES <br />12.1 Notices required under this Agreement will be provided by the parties to one another by <br />certified mail, return receipt requested, or by confirmed facsimile transmission, to the following <br />addresses: <br />To the City: <br />James R. Nuse, P.E., City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Email: ; klein esanmarcotx.gov <br />Direct Water Reuse Feasibility Study 2012 — Espey <br />To the Engineer: <br />Stephen M. Jenkins, P.E., Sr. Project Manager <br />Espey Consultants, Inc. dba RPS Espey <br />4801 SW Pkwy. 2, Ste. 150 <br />Austin, Texas 78735 <br />Email: jenkinss(c�rpsgroup.com <br />13 <br />