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<br />successors, assigns and legal representatives of such other party with respect to all covenants of <br />this Agreement. The City and the Engineer will not assign, sublet or transfer any interest in this <br />Agreement without the written consent of the other. <br /> <br />ARTICLE 12 <br />EXTENT OF AGREEMENT <br /> <br />12.1 This Agreement represents the entire and integrated Agreement between the City and the <br />Engineer and supersedes all prior negotiations, representations or agreements either written or <br />oral. The Engineer's expenses for travel, office, production and other expenses associated <br />directly or indirectly with this Agreement are included as part of the total fee. Except as to a <br />change in the scope of services, the compensation for which does not exceed $25,000, this <br />Agreement may be amended only by separate written instrument approved by the City's <br />governing body and signed by both the City and Engineer. <br /> <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 /> <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 /> <br />ARTICLE 13 <br />OTHER DUTIES AS SET FORTH IN THE CONSTRUCTION DOCUMENTS <br /> <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 />will govern and control. <br /> <br />ARTICLE 14 <br />BASIS OF COMPENSATION <br /> <br />14.1 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 /> <br />The total of all fees and expenses to be paid to Engineer for Basic Services as described in <br />Sections 1.1 through 1.3 is a fixed amount of $29,396.86. This compensation is divided among <br />the Basic Services as follows: <br /> <br />PHASE 1 - PRELIMINARY DESIGN <br />PHASE 2 - FINAL DESIGN <br /> <br />$ 7,174.58 <br />$22,222.28 <br /> <br />TOTAL FEE: <br /> <br />$29,396.86 <br /> <br />Carter &, Burçj0S$ û4.wµd <br /> <br />9 <br />