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<br />expenses associated directly or indirectly with this Agreement are included as part of the <br />total fee. Except as to a change in the scope of services, the compensation forwhich does <br />not exceed $15,000, this Agreement may be amended only by separate written instrument <br />approved by the City's governing body and signed by both the City and Consultant. <br /> <br />12.2 Any exhibits and/or attachments attached to this Agreement are incorporated by <br />reference into this Agreement as though included verbatim herein. <br /> <br />12.3 In the even of any conflict between the Agreement and the provisions of any exhibit <br />or 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 <br />as agreed to by Engineer in writing and as are set forth in the construction contract <br />documents for the Project. However in the event of conflict, dispute, or discrepancy <br />between the provisions of this Agreement and the construction contract documents, the <br />more restrictive and/or burdensome 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, Payments to the <br />Engineer, and the other terms and conditions of this Agreement, as follows: <br /> <br />14.2 The total fee to be paid to Engineer for Basic Services as described in Sections 1.1 <br />through 1.3 will be $276,112.19. This compensation is divided among the Basic Services <br />tasks as follows: <br /> <br />PHASE 1 - UTILITIES AND PRELIMINARY DESIGN $104,054.99 (lump sum fixed fee) <br />PHASE 2 - FINAL DESIGN AND BIDDING $114,785.55 (lump sum fixed fee) <br /> <br />PHASE 3 - CONSTRUCTION ADMINISTRATION <br /> <br />$ 57.271.65 (hourly with cap) <br /> <br />TOTAL FEE: <br /> <br />$276,112.19 <br /> <br />14.3 Compensation forthe Engineer's services for Phase 3 of the Basic Services and for <br />additional services of the Engineer, as described in Section 1.4, shall be computed based <br />on the Engineer's standard 2000 hourly rates, which may be adjusted on a calendar year <br />basis: <br /> <br />Principal <br />Project Manager <br /> <br />$162.84 <br />$125.63 <br /> <br />15 <br />