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<br /> Jig/) <br /> . ..", <br /> entered into by CITY and will protect CITY and ENGINEER to the same extent. <br /> ARTICLE 9 <br /> SUCCESSORS AND ASSIGNS <br /> 9.1 The CITY and the ENGINEER, respectively, bind themselves, their partners, successors, <br /> assigns and legal representatives to the other party to this Agreement and to the partners, <br /> successors, assigns and legal representatives of such other party with respect to all covenants <br /> of this Agreement. Neither the CITY nor the ENGINEER will assign, sublet or transfer any <br /> interest in this Agreement without the written consent of the other. <br /> ARTICLE 1 0 <br /> EXTENT OF AGREEMENT <br /> 10.1 This Agreement represents the entire and integrated agreement between the CITY and <br /> the ENGINEER and supersedes all prior negotiations, representations or agreements either <br /> written or oral. Except as to additional services, the compensation for which does not exceed <br /> $15,000, this Agreement may be amended only by written instrument approved by the CITY's <br /> 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 authority <br /> as agreed to by ENGINEER in writing and as are set forth in the construction contract documents <br /> for the Project. However, in the event of conflict, dispute, or discrepancy between the provisions <br /> of this Agreement and the construction contract documents, the more restrictive and/or <br /> burdensome provisions will govern and control. <br /> ARTICLE 12 <br /> BASIS OF COMPENSATION <br /> The CITY will compensate the ENGINEER in accordance with Article 5 and the other terms and <br /> conditions of this Agreement as follows: <br /> 12.1 BASIC COMPENSATION <br /> 12.1.1 The total of all amounts paid to ENGINEER for Basic Services under Sectiof.l 4.1 will be <br /> an amount equal to salary costs times 2.3, plus subconsultant costs times 1.15, plus reimbursable <br /> expenses. Total compensation for ENGINEER's Basic Services will not exceed $403,680 without <br /> a written amendment to this Agreement approved by the CITY's governing body. <br /> The ENGINEER's compensation is based on immediate authorization to proceed and timely <br /> completion of the Project. If the timing deviates from the assumed schedule for causes beyond <br /> the ENGINEER's control, the ENGINEER reserves the right to request renegotiation of those <br /> portions of the Project affected by the time change. <br /> Page 16 <br /> co ntractfmsclsa nmarco/6000 1 OO/ag reement <br />