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which does not exceed $50,000, this Agreement may be amended only by separate written <br />instrument approved by the City's governing body and signed by both the City and Engineer. <br />12.2 Any exhibits and/or attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br />12.3 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 />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 />Rick Menchaca, City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />512-393-8100 <br />Fax: 512-396-4656 <br />To the En ig'neer: <br />Ramon Salazar, Project Manager <br />Kellogg Brown & Root Services, Inc. <br />505 E. Huntland Drive, Suite 100 <br />Austin, Texas 78752 <br />512-420-0338 <br />Fax: 512-419-1432 <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 Engineer for Basic Services as described <br />in Sections 1.0 through 1.7 is a fixed fee of $300,110.00. This compensation is divided among <br />the Basic Services and Reimbursable Expenses as follows: <br />KBR-Comanche Water Transmission Main (24") Agreement <br />21 <br />