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e e Engineering Services Agreement - Page 7 is not responsible or liable for the contractor's failure to do so, and so long as the Engineer has exercised the usual degree of care and prudent judgment in selecting the Project Representatives and has used diligence to see that they are on the job to perform the work, failure by any Project Representatives or other personnel engaged in on-site observation to discover defects or deficiencies in the work of the contractors shall never relieve the contractors for liability for any such defect or deficiencies; and (r) Update the Airport Layout Plan to reflect the new work. SECI'JON 3 UNITS OF WORK It is understood that the improvements covered by this Agreement except for the localizer will be bid and constructed in one unit of work (set of plans, specifications, and contract documents). ARTICLE II - COMPENSATION For engineering services performed hereunder, the City agrees to pay the Engineer the sums listed below for the listed items of work and improvements. 1. Basic Services as identified in Section 2.A.: a) Phase I i) Preliminary Engineer's Report ii) Preliminary Design iii) Preliminary Phase for Localizer $ 7,500.00 $ 28,750.00 $ 6,800.00 $ 51,850.00 $ 10,300.00 $ 3,900.00 b) Phase II - i) Final Design ii) Final Design for Localizer iii) Bidding Phase c) Phase III - Construction i) Construction Phase ii) Bid Phase for Localizer iii) Construction Phase for Localizer $ 11,650.00 $ 1,000.00 $ 2,025.00 The City shall make partial payment of the fees on the basis of monthly invoices submitted by the Engineer and approved by the Director of Public Works. The invoices must show the following: (i) the percentage of the total services completed in the applicable Phase in the preceding month; (ii) a summary of the services performed during the period covered by the invoice; and (iii) the amount due for such services. The amount of partial payment due for services performed during each Phase shall be a percentage of the lump sum fee equal to the percentage of services performed for the respective phase during the period covered by the invoice. After the Engineer has completed the performance of all the required services for each Phase, the City shall pay the Engineer the total amount owed for the Phase less any amounts theretofore paid pursuant to the monthly invoices. All invoices for the Basic Services are subject to approval by the Director of Public Works and are due and payable on or about thirty (30) days after receipt and approval by the Director of Public Works. All payments shall be made by check. Such checks shall be made payable LO the Engineer and payments shall be addressed to the Engineer at its address specified herein for notices. The City agrees that it will not unreasonably delay or withhold payment or approval of any invoice; however, the Director of Public Works shall approve in whole or in part or disapprove Engineer's invoices within 15 days after receipt by the City. Neither partial payments made hereunder not approval of invoices or services by the Director of Public Works shall be construed as final acceptance or approval of that part of the Engineer's services to which such partial payment or approval relates nor shall such payments be construed as relieving the Engineer of any of its obligations