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City/ODOT <br />Agreement No. 24651 <br />Guide, City of Eugene Public Contracting Rules adopted pursuant to ORS <br />279A.065(5). <br />3. City acknowledges and agrees that State, the Oregon Secretary of State's Office, <br />USDOT Office of Inspector General, FHWA, any other federal- government agency, <br />and their duly authorized representatives shall have access to such fiscal records and <br />other books, project documents, papers, plans and writings of City pertaining to work <br />covered by the Supplemental Project Agreements to perform .examinations and audits <br />and make excerpts and transcripts. City is responsible for using its procedures, as <br />approved by ODOT, "for project documentation and long term retention of project <br />documentation. City shall ensure that the contractor and subcontractor(s) maintain the <br />records and keep the records accessible and available at reasonable .times and <br />places for a minimum period of six years from the date of final payment under the <br />contract or subcontract or until the conclusion of any audit, controversy or litigation <br />arising out of or related to the contract, whichever date is later, unless a different <br />period is required by law. See the Secretary of State's Retention Schedule; e.g. OAR <br />Chapter 166, Division 150 for counties, 200 for cities and 300 for state agencies. This <br />shall include, but is not limited to: <br />a. daily work records; <br />b. quantity documentation; <br />c. material invoices and quality documentation; <br />d. certificate of materials origin;. <br />e. process control records; <br />f. projectdiary; <br />g. erosion control reports; <br />h. temporary protection and direction of traffic reports; <br />i. foreign steel summary; <br />j. .test results; and <br />k. inspection records to ensure that projects are completed in conformance with <br />approved plans and specifications. <br />4. City shall retain and keep all files and records for a minimum of three (3) years <br />following the date of final voucher to FHWA. Copies of such records and accounts <br />shall be made available upon request. For real property and equipment, the retention <br />period starts from the date of disposition (Title 49 CFR Part 18 Subpart 42). <br />City Indemnifica#ions <br />1. City shall, to the extent permitted by State law, indemnify, hold harmless and provide <br />legal defense for State against all claims brought by the contractor, or others resulting <br />from City's failure to comply with the terms of this Agreement. <br />2. On all construction projects where City is doing the construction engineering and <br />project management, City, subject to any limitations imposed by State law and the <br />Oregon Constitution, agrees to accept all responsibility, defend lawsuits, indemnify <br />17 <br />