GJN3827 Staton Contract 2005-00017

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after final completion of the Work by Contractor and final acceptance of the Work by City. To facilitate City's inspection, Contractor shall notify City in writing when Contractor considers the Work complete. 6. Statement of Compliance. Before any payment is made to Contractor, Contractor shall file with City a statement, under oath, that it has complied with all provisions of State law governing contractors on a public contract and that it has complied with the provisions of the Eugene Code governing fair employment practices. In addition, Contractor shall file with City a sworn statement by each of its subcontractors to the same effect. 7. Quality of Work/Warranty. Contractor warrants to City for a period of one year from final acceptance of the Work by City that all materials and equipment furnished under this contract will be new, unless otherwise specified, and the Work will be of good quality, free from faults and defects and in conformance with City's specifications. Work not so conforming with these standards shall be considered defective. At its own expense, Contractor will make good and repair any defects arising from faulty workmanship or materials, if the defective work is discovered within the one-year warranty period and notice thereof is given to Contractor within 60 days after the expiration of the warranty period. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment as specified in the specifications. 8. Indemnification. Contractor shall indemnify and hold City, and its officers, agents and employees, harmless from and against all claims, actions, liabilities, costs, including attorney fees and other costs of defense, arising out of or in any way related to the Work, Contractor's failure to strictly comply with any provision of this contract, or any other actions or failure to act by Contractor and Contractor's employees, agents, officers, representatives and subcontractors. In the event any such action or claim is brought against City, Contractor shall, if City so elects and upon tender by City, defend the same at Contractor's sole cost and expense, promptly satisfy any judgment adverse to City or to City and Contractor, jointly, and reimburse City for any loss, cost, damage or expense, including attorney fees, suffered or incurred by City. 9. Insurance. Contractor shall maintain in force for the duration of this contract the insurance coverages specified below. Each policy required by these provisions shall be written as a primary policy, not contributing with or in excess of any coverage which City may carry. A copy of each policy or a certificate satisfactory to City shall be delivered to City prior to commencement of the Work. Unless otherwise specified, each policy shall be written on an "occurrence" form with an admitted insurance carrier licensed to do business in the state of Oregon and shall contain an endorsement entitling City to not less than 30 days prior written notice of any material change, non-renewal or cancellation. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified below, City shall have the right to require Contractor to increase the Contractor's coverages to the statutory limit for such claims and to increase the aggregate coverage to twice the amount of the statutory limit. The adequacy of all insurance required by these provisions shall be subject to approval by City's Risk Manager. Failure to maintain any insurance coverage required by this contract shall be cause for immediate termination of this contract by City. 9.1. Commercial General Liability. Contractor shall maintain a broad form commercial general liability insurance policy with coverage of not less than $500,000 combined single limit per occurrence, with aggregate of $1 million, for bodily injury, personal Public Improvement Contract (Comp) -Page 2 (Revised April 1998)