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<br />I <br /> <br />I <br /> <br />I <br /> <br />---~ <br /> <br />11.3 All expressed representations, indemnification or limitations of liability made in or given <br />in this Agreement will survive its completion or termination for any reason but shall only apply <br />to such areas of the Project for which the Consultant has been assigned responsibility. <br /> <br />11.4 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 12 <br />DISPUTE RESOLUTION <br /> <br />12.1 The City and the Consultant agree to negotiate disputes between them in good faith for a <br />period of thirty days from the date of notice prior to the exercising of their rights under other <br />provisions of the Agreement or provisions of applicable law. <br /> <br />ARTICLE 13 <br />NOTICES <br /> <br />13.1 Notices required under this Agreement will be provided in writing by the parties to one <br />another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the <br />following addresses. All notices will be effective upon the date of receipt: <br /> <br />To the City: <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Fax: 512-396-4656 <br /> <br />To the Consultant: <br />Broaddus & Associates, Inc 78704 <br />1301 Capital of Texas Highway <br />Suite A-302 <br />Austin, Texas 78704 <br />Fax: 512-329-8242 <br /> <br />ARTICLE 14 <br />BASIS OF COMPENSATION <br /> <br />14.1 The City will compensate the Consultant, in accordance with Article 4, Payments to the <br />Consultant, and the other terms and conditions of this Agreement, as follows: <br /> <br />14.2 The total of all fees and expenses to be paid to Consultant for Basic Services as described <br />in Sections 1.1 through 1.4 will not exceed $482,400.00. This compensation is divided among <br />the Basic Services and Reimbursable Expenses as follows: <br /> <br />1.2 PHASE 1 - OVERALL FUNCTIONS FOR THE PROJECT <br />1.3 PHASE 2 - CONTRACTING, PROCUREMENT, AND <br />SCOPE DEFINITION <br />1.4 PHASE 3 - PROJECT IMPLEMENTATION <br /> <br />$145,000.00 <br /> <br />$ 62,000.00 <br />$270,000.00 <br /> <br />REIMBURSABLE EXPENSES (billed at 1.1 times the actual cost): <br />TOTAL FEE: <br /> <br />$ 8.750.00 <br />$482,400.00 <br /> <br />13 <br /> <br />Broaddus OR Contract <br />