GJN3825 Funding Agreement - Laserfiche WebLink

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the renovation of the Station ("Scope of Work") and submit the Scope of Work to the Eugene City Council and Amtrak for approval prior to the award of any contract. 3. Within ten (10) days after the execution of this Agreement, the City will submit to Amtrak for its review and approval, a proposed milestone schedule for the purchase and renovation of the Station. The milestone schedule shall include specified periods for review and approval of the Construction Documents by Amtrak, completion of the Work, and inspection and approval of the Work by Amtrak. The City will notify Amtrak of the date of commencement of the Work ~'~ within fourteen (14) days of such commencement. ~Rf~~ 4. The City will substantially complete or cause to be substantially completed all Work by u~~~ lr , 200_ ("Substantial Completion Date"), unless the parties agree to extend h'~`~'~'~0 the Substantial Completion Date in writing. For the purpose of this Agreement, "Substantial S ha ~ Completion" shall rr~an (a) completion of the Work so that Amtrak can use the Station for its intended purpose (the operation of a passenger rail station) without material interference to Amtrak's conduct of its business operations and activities and (b) the only incomplete items are minor or insubstantial details of construction, mechanical adjustments or finishing touches like touch-up plastering or painting. 5. The City shall require its contractor hired to perform the Work to competitively bid any trade or subcontracting work to qualified subcontractors. Amtrak will identify those items in the Constnsction Documents and any part of tbe Work that relate to the portion of the Station to be occupied by Amtrak ("Amtrak Work"). Amtrak will have the right to review and approve all cost items related to Amtrak Work prior to any subcontractor bidding process. Upon at least twenty-four (24) hours prior written notice to the City, Amtrak will have the right to xeview all books, ledgers and records relating to the Work. 6. The City shall defend, indemnify and hold harmless Amtrak from and against any claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Work, provided that such claim is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by acts or omissions of the City, anyone directly or indirectly employed by the City (including its contractors, subcontractors and vendors), or anyone for whose acts the City may be liable, regardless of whether or not such clairns, are caused in part by a party indemnified hereunder. The indemnification obligation herein shall survive the expiration or earlier termination of this Agreement and the completion of the Work. Not withstanding the above, the City's liability shall be limited to the extent authorized by the Oregon Constitution and the Oregon Tort Claims Aet. 7. Throughout the term of the construction contract, the City shall require its contractor to procure and maintain the following types and minimum amounts of insurance: Workers' Compensation Insurance complying with the requirements of the statutes of the jurisdiction where the work is to be performed. Employer's Liability coverage with limits of not less than One Million Dollars (S 1,000,000) is required. Commercial General Liability Insurance covering the contractor's liability related to the work performed. Product-Completed Operations, Independent Contractors and Contractual Liability coverages are to be provided along with a waiver of subrogation against Amtrak. Combined single limits of liability of not less than Two Million Dollars ($2,000,000) per occurrence is required with Amtrak named as an additional insured. Automobile Liability Insurance arising out of the use of any automobiles, trucks or other vehicles used on Amtrak premises. Combined single limits of liability of not less than One Million Dollars ($1,000,000) per occurrence is required with Amtrak named as an