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<br />12.1 This Agreement represents the entire and integrated Agreement between the City <br />and the Engineer and supersedes all prior negotiations, representations or agreements <br />either written or oral. Except as to a change in the scope of services, the compensation <br />for which does not exceed $15,000, this Agreement may be amended only by separate <br />written instrument approved by the City's governing body and signed by both the City and <br />Engineer. <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 5, Payments to <br />the 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 1.2 <br />through 1.4 will be a fixed fee of $122,207.00. This fee does not include filing reviewing <br />and permitting fees which will be paid directly by the City. This compensation is divided <br />among the Basic Services Phases as follows: <br /> <br />PHASE 1- PRELIMINARY ENGINEERING <br />PHASE 2 - FINAL DESIGN <br />PHASE 3 - BIDDING AND <br />CONSTRUCTION ADMINISTRATION <br /> <br />$ 44,734.00 <br />$ 52,532.00 <br /> <br />$ 24,941.00 <br /> <br />$ 122,207.00 <br /> <br />TOTAL FEE: <br /> <br />14.3 Compensation for additional services ofthe Engineer, as described in Section 1.5, <br />shall be computed based on the Engineer's standard hourly rates as shown in Attachments <br />B, C and D. Payment for subcontractor additional services will be based upon scope and <br />hourly breakdowns included in attachments E and F. <br /> <br />15 <br />