Res 2010-156 (Tabled) - Laserfiche WebLink

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event of a dispute between the City and Engineer regarding the intent of this Agreement, both parties agree that they will construe this Agreement in a manner consistent with the City's Request for Proposals, the Engineer's proposal response and the public record of the City Council's approval of this agreement as applicable. The Engineer's expenses for travel, office, production and other expenses associated directly or indirectly with this Agreement are included as part of the total fee. This Agreement may be amended only by written instrument, which must be signed by both the City and the Engineer. The San Marcos City Council must approve any such authorization of change in services or amendment the compensation for which exceeds $50,000.00. 11.2 Any exhibits and /or attachments attached to this Agreement are incorporated by reference into this Agreement as though included verbatim herein. 11.3 In the event of any conflict between the Agreement and the provisions of any exhibit or attachment to this Agreement, this Agreement will govern and control. ARTICLE 12 NOTICES 12.1 Notices required under this Agreement will be provided by the parties to one another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the following addresses: To the Citv: To the Engineer: City Manager Mark Borenstein, P.E., Vice - President City of San Marcos HDR Engineering, Inc. 630 E. Hopkins 4401 West Gate Blvd. San Marcos, Texas 78666 Austin, Texas 78745 Fax: 512.396.4656 512.912.5158 ARTICLE 13 BASIS OF COMPENSATION 13.1 The City will compensate the Engineer, in accordance with Article 4, Payments to the Engineer, and the other terms and conditions of this Agreement, as follows: 13.2 The total of all fees and expenses to be paid to the Engineer for Basic Services as described in Sections 1.1 through 1.10 is a fixed fee of $2,498,951.00. This compensation is divided among the Basic Services as follows: 1.1 TASK 1- PROJECT MANAGEMENT AND ADMINISTRATION (TxDOT Function Code 145) $ 392,053.00 1.2 TASK 2 —ROUTE AND DESIGN STUDIES (TxDOT function code 110) $ 146,930.00 HDR— Loop 82 Project Agreement 34