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<br />I <br /> <br />I <br /> <br />I <br /> <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 Contractor. <br /> <br />10.2 Any exhibits and/or attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br /> <br />10.3 This Agreement consists of the Agreement, and several Attachments which are intended <br />to be interpreted together to describe and provide for a complete and useful project. Any <br />requirement included in one of part of the Agreement is as binding as though it occurs in all parts <br />of the Agreement. In the event of any conflict between the Agreement and the provisions of any <br />exhibit or attachment to this Agreement, the Agreement will take precedence over the exhibit or <br />attachments. The Contractor will not take advantage of any error or omission in this Agreement <br />and the City and/or its Engineer will be permitted to make clarifications or interpretations <br />necessary for the fulfillment of the intent of this Agreement. <br /> <br />ARTICLE 11 <br />BASIS OF COMPENSATION <br /> <br />11.1 The City will compensate the Contractor, in accordance with Article 3, Payments to the <br />Contractor, and the other terms and conditions of this Agreement, and as described in this <br />Article. <br /> <br />11.2 The total of all fees and expenses to be paid to Contractor for Basic Services as described <br />in Sections 1.1 through 1.7 is a fixed fee of $899,812.61. This compensation is apportioned <br />among the odor control units at each Project site as follows: <br /> <br /> WWTP Main Lift Cottonwood <br />ACTIVITY Unit Station Unit Lift Station Siphon Unit <br />Capacity (cfrn) 25,000 1,000 1,000 500 <br />Submittal Approval (10%) $65,041.24 $9,031.28 $9,031.28 $6,877.48 <br /> $130,082.47 $18,062.55 $18,062.55 $13,754.95 <br />Delivered to Site (20%) <br />Installed, Startup, Testing, $130,082.47 $18,062.55 $18,062.55 $13,754.95 <br />Training (20%) <br />60-day Successful <br />Operations (40%) $260,164.94 $36,125.10 $36,125.10 $27,509.90 <br />I-year Successful <br />Operations and Final <br />Acceptance (10%) $65,041.24 $9,031.27 $9,031.27 $6,877.47 <br />Total $650,412.36 $90,312.75 $90,312.75 $68,774.75 <br /> <br />11.3 Compensation for Additional Services of the Contractor shall be computed based on the <br />Contractor's fees as negotiated at the time services become necessary. <br /> <br />13 <br />