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5. Final Payment. Not more than 30 days after final completion of the Work and City's final <br />acceptance of the Work, which shall include the taking of final measurements of quantities, <br />City shall make its final payment to Contractor. Retainage held by City shall be included in <br />and paid to the Contractor as part of the final payment. if the final payment is made more <br />than 30 days after final completion and final acceptance, City shall pay Contractor interest at <br />the rate of one-and-one-half percent per month on the final payment commencing 30 days <br />after final completion of the Work by Contractor and final acceptance of the Work by City. <br />`fo facilitate City's inspection, Contractor shall notify City in writing when Contractor <br />considers the Work complete. <br />6. Statement of Compliance. Before any payment is made to Contractor, Contractor shall file <br />with City a statement, under oath, that it has complied with all provisions of State law <br />goveming contractors on a public contract and that it has complied with the provisions of the <br />Eugene Code goveming fair employment practices. In addition, Contractor shall file with <br />City a sworn statement by each of its subcontractors to the same effect. <br />7. Quality of WorkNYarranty. Contractor warrants to City for a period of one year from final <br />acceptance of the Work by City that all materials and equipment furnished under this <br />contract will be new, unless otherwise specified, and the Work will be of good quality, free <br />from faults and defects and in conformance with City's specifications. Work not so <br />conforming with these standards shall be considered defective. At its own expense, <br />Contractor will make good and repair any defects arising from faulty workmanship or <br />materials, if the defective work is discovered within the one-year warranty period and notice <br />thereof is given to Contractor within 60 days after.the expiration of the warranty period. The <br />Contractor shall furnish satisfactory evidence as to the kind and quality of materials and <br />equipment as specified in the specifications. <br />_ ___ _ _8. Indemnification. Contractor shall indemnify and hald City, and its officers. agents and <br />employees, harmless from and against all claims, actions, liabilities, costs, including attorney <br />fees and other costs of defense, arising out of or in anyway related to the Work, <br />Contractors failure to strictly comply with any provision of this contract, or any other actions <br />or failure to act by Contractor and Contractors employees, agents, officers, representatives <br />and subcontractors. In the event any such action or claim is brought against City, <br />Contractor shalt, if City so elects and upon tender by City, defend the same at Contractors <br />sole cost and expense, promptly satisfy any judgment adverse to City or to City and <br />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 <br />primary policy, not contributing with or in excess of any coverage which City may carry. A <br />copy of each policy or a certificate satisfactory to City shall be delivered to City prior to <br />commencement of the Work. Unless otherwise specified, each policy shall be written on an <br />"occurrence" form with an admitted insurance carrier licensed to do business in the state of <br />Oregon and shall contain an endorsement entitling City to not less than 30 days prior written <br />notice of any material change, non-renewal or cancellation. In the event the statutory limit of <br />liability of a public body for claims arising out of a single accident or occurrence is increased <br />above the combined single limit coverage requirements specified below, City shall have the <br />right to require Contractor to increase the Contractors coverages to the statutory limit for <br />such claims and to increase the aggregate coverage to twice the amount of the statutory <br />limit. The adequacy of all insurance required by these provisions shall be subject to <br />Public Improvement Contract (Comp) -Page 2 <br />(Revised April 1998) <br />