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NOTICE OF MEETING AND AGENDA - Metro Transit

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Section 13<br />

ASSIGNMENT<br />

Consultant shall not assign any rights, or delegate or subcontract any obligations, under this<br />

Contract without <strong>Metro</strong>’s prior written consent. Any assignment in violation of the foregoing<br />

shall be deemed null and void. <strong>Metro</strong> may freely assign its rights and obligations under this<br />

Contract at any time. Subject to the limits on assignment stated above, this Contract will inure<br />

to the benefit of, be binding upon, and be enforceable against, each of the parties hereto and<br />

their respective successors and assigns.<br />

Section 14<br />

SAFETY REQUIREMENTS<br />

All Work performed by, or on behalf of, Consultant shall be done in accordance with <strong>Metro</strong>’s<br />

Standard Operating Procedure (“SOP”) No. 101.17 and its attachments A, B, C & D and SOP<br />

101.23, both of which are fully incorporated herein as EXHIBIT 2 and EXHIBIT 3.<br />

Section 15<br />

COMMENCEMENT, PROSECUTION <strong>AND</strong> COMPLETION<br />

15.1 This Contract shall commence within ______days after issuance of a Notice to Proceed<br />

by <strong>Metro</strong> and be completed ___________________ thereafter.<br />

15.2 The time of the Agreement shall be measured from the date of commencement.<br />

15.3 The Consultant shall achieve substantial completion of the Work not later than _____<br />

days from the date of commencement.<br />

15.4 It is agreed and understood that Consultant was provided with the following proposed<br />

work schedule and took this work schedule into account in Exhibit 1:<br />

Consultant will have unrestricted time to work on the platform and in the Big Bend<br />

Station. With respect to Tunnel 3, <strong>Metro</strong> will make a single track available west of the<br />

Big Bend Interlocking for inspection and tunnel leakage mapping from 11:30 p.m. until<br />

4:30 a.m. Both tracks will be available for inspection and leakage mapping from 1:00<br />

a.m. until 4:00 a.m. <strong>Metro</strong> is aware of a wood tie installation project occurring during<br />

March/April 2013. It is expected that Consultant will still be able to work, but some<br />

coordination will be necessary. Consultant will not be able to perform any work on the<br />

track on March 22 through March 24, 2013. Otherwise, Consultant will be provided the<br />

schedule as set forth above. Finally, when working within 10 feet of the overhead wires,<br />

a power down will be required. The need to power down will result in a loss of 20<br />

minutes on each side of the work window. <strong>Metro</strong> reserves the right to cancel work<br />

activity during rail system emergencies and during winter weather conditions.<br />

Section 16<br />

EXTENSION <strong>OF</strong> TIME<br />

In the event Consultant's performance shall be necessarily delayed because of strike,<br />

injunction, government control, or by reason of any cause or circumstance beyond<br />

Consultant’s control (an "Event of Unavoidable Delay"), the time specified for<br />

performance may be extended by the number of days that the Consultant’s performance is

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