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The ENGINEER agrees to process Contractor progress payments and recommend <br />payment by the OWNER. <br />The ENGINEER agrees to prepare and process Contract Change Orders as required <br />during the course of the construction contract. <br />The ENGINEER agrees to conduct a final inspection of the WORK and to recommend <br />final payment for the CONTRACTOR when the WORK is completed <br />The ENGINEER agrees to schedule and conduct a one year warranty inspection of the <br />WORK prior to the end of the warranty period and to coordinate completion of any <br />required warranty repairs. <br />In consideration of the above services, the CITY agrees to compensate the ENGINEER <br />in accordance with the following schedule: <br />Phase I - Design <br />• Total fee of $60,000 - Partial payments due as follows: <br />0 25% when initial Report of Inspection is provided to CITY. <br />0 25% when draft contract documents, plans and specifications are <br />provided to CITY. <br />0 50% when contractor recommended for award. <br />Phase II - Construction <br />• Total fee of $30,000 - Partial payments due as follows: <br />0 25% when contractor mobilizes <br />0 25% when contractor is 50% complete <br />0 50% when contractor completes work and tank is returned to service <br />• Indemnification. ENGINEER shall release, indemnify and hold CITY and its <br />officers, agents and employees harmless from and against all damages, injuries <br />(including death), claims, property damages (including loss of use), losses, demands, <br />suits, judgments and costs, including reasonable attorney's fees and expenses, in any <br />way arising out of, related to, or resulting from the services provided by ENGINEER <br />but only to the extent caused by the negligent act or omission or intentional wrongful <br />act or omission of ENGINEER, its officers, agents, employees, subcontractors, <br />licensees, invitees or any other third parties for whom Engineer is legally responsible <br />(hereinafter "Claims"). ENGINEER is expressly required to defend CITY against all <br />such Claims. <br />3 <br />