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