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<br /> . J{;f/ <br /> not exceed $15,000, this Agreement may be amended only by written instrument approved <br /> by the CITY's governing body and signed by both the CITY and ENGINEER. <br /> ARTICLE 11 <br /> OTHER DUTIES AS SET FORTH IN THE CONSTRUCTION DOCUMENTS <br /> 11.1 ENGINEER will have such other duties and responsibilities and limitations of <br /> authority as agreed to by ENGINEER in writing and as are set forth in the construction <br /> , contract documents for the Project. However, in the event of conflict, dispute, or <br /> I discrepancy between the provisions of this Agreement and the construction contract <br /> ! documents, the more restrictive and/or burdensome provisions will govern and control. <br /> ARTICLE 12 <br /> BASIS OF COMPENSATION <br /> The CITY will compensate the ENGINEER in accordance with Article 4, Payments <br /> to the ENGINEER, and the other terms and conditions of this Agreement, as follows: <br /> 12.1 BASIC COMPENSATION <br /> The total of all amounts paid to ENGINEER for Tasks 1-5 of the Basic Services, <br /> which include Project management, preliminary design, definition' of land application <br /> program, composting pilot trials, and implementation of land application, as further <br /> described in Exhibit A, will not exceed $159,485.00. This total amount will not be <br /> exceeded by ENGINEER without a written amendment to this Agreement approved by the <br /> CITY's governing body. Upon completion of Task 2, Preliminary Design, the CITY and <br /> ENGINEER will negotiate a fee for Tasks 6-8 of the Basic Services, which include final <br /> design, construction phase services, and post-construction services, prior to ENGINEER <br /> proceeding with work on those tasks. If a fee cannot be successfully negotiated, the CITY <br /> , may terminate this Agreement. <br /> ; <br /> , <br /> 12.2 COMPENSATION FOR ADDITIONAL SERVICES <br /> Compensation for additional services of the ENGINEER, as described in Section 1.3 <br /> will be in an amount equal to the ENGINEER's direct labor rates times 3.12 plus <br /> reimbursable expenses. ENGINEER will submit a written estimate of fees for additional <br /> services and obtain CITY approval prior to initiating the work. <br /> 12.3 DIRECT LABOR RATES DEFINITION <br /> ENGINEER's direct labor rates are defined as the actual salaries paid to ENGINEER's <br /> employees for time directly chargeable to the Project. <br /> This Agreement will be effective as of the day and year executed by the City. <br />