Laserfiche WebLink
123 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 />ARTICLE 13 <br />OTHER DUTIES AS SET FORTH IN THE CONSTRUCTION DOCUMENTS <br />13.1 Engineer will have such other duties and responsibilities and limitations of authority as <br />agreed to by Engineer in writing and as are set forth in the construction contract documents for <br />the Project. However in the event of conflict, dispute, or discrepancy between the provisions of <br />this Agreement and the construction contract documents, the more restrictive and/or burdensome <br />with respect to the Engineer's role and responsibility will govern and control. <br />ARTICLE 14 <br />NOTICES <br />14.1 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 />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Fax: 512-396-4656 <br />To the Engineer: <br />Lori Dullnig-Warlen, P.E. <br />Bain Medina Bain, Inc. <br />7073 San Pedro Avenue <br />San Antonio, Texas 78216 <br />Fax: 512-490-5120 <br />ARTICLE 15 <br />BASIS OF COMPENSATION <br />15.1 The City will compensate the Engineer, in accordance with Article 5, Payments to the <br />Engineer, and the other terms and conditions of this Agreement, as follows: <br />15.2 The total of all fees and expenses to be paid to the Engineer for Basic Services as <br />described in Sections 1.1 through 1.4 for the term of this Agreement as approved by the City on <br />individual Work Authorization forms will not exceed $200,000.00. The Engineer and the City <br />will negotiate a not-to-exceed amount for inclusion in each individual Work Authorizations prior <br />to the City's issuance of same. This compensation will be divided among the Basic Services in <br />accordance with Sections 1.1 through 1.4 and Reimburseable Expenses all as incorporated into <br />the individual Work Authorizations (see Attachment A) as Projects are assigned to the Engineer <br />by the City. Compensation included in separate Work Authorizations will not be exceeded <br />without prior written authorization from the City. <br />15.3 Compensation for Basic Services and for Additional Services of the Engineer will be <br />computed based on the Engineer's standard hourly rates included below: <br />17