NOTICE OF MEETING AND AGENDA - Metro Transit

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18.3 In the event Metro responds pursuant to Section 18.2 (3) above, Consultant shall not disrupt its continuing performance of the scope of services under this Contract and may avail itself of the remedies set forth in this Section. No further provision of Services hereunder by Consultant shall be construed to mean that it failed to preserve its right to seek a judicial determination as to what additional compensation, if any, shall be owed to Consultant by Metro for said services once it avails itself of the remedies set forth hereof. 18.4 If, during the term of this Contract, Metro requests a change or changes in the Work to be provided hereunder, it shall notify the Consultant of such changes in writing. Within ten (10) workdays of receipt of such notification, the Consultant shall advise Metro of the increase or decrease in the amount of its compensation hereunder resulting from such change and the effect on the Schedule. If the parties can agree to same, a written modification or a change order shall be executed incorporating the change. If the parties cannot agree to same, the Consultant shall provide any additional services requested and proceed to follow Metro’s Dispute Resolution procedure, as outlined in Section 21. If the change requested by Metro results in a reduction of work, and the parties cannot agree to the reduction in the amount resulting from same, the parties agree to follow the same Dispute Resolution Procedure. 18.5 If Metro and the Consultant cannot reach a cost agreement before any change order has begun to be implemented, the Consultant shall maintain a separate account, by job order or other suitable accounting procedure, of all direct costs incurred (less allocable credits) , both changed and unchanged, that are allocable to the Work. The Consultant shall maintain such account/s until the parties agree to an equitable adjustment for the changes ordered by Metro, or until the matter is conclusively disposed of in accordance with the Disputes Clause. 18.6 Other than through a request for additional compensation strictly in conformance with Section 18.1 above, Consultant shall not be allowed to seek compensation from Metro which is additional to that set forth in Section 17. 18.7 Consultant shall make no changes in this Contract without the prior written consent of Metro’s Vice President of Engineering or his designated representative. Section 19 Terms of Payment Upon completion of the Work as approved by Metro, Consultant shall submit an invoice to Metro, which shall be paid within 30 days of receipt by Metro. Unless additional services are authorized by Metro in writing, notwithstanding anything contained herein to the contrary, the maximum amount that Metro will pay to Consultant for all Work performed under this Contract shall not exceed the amount stated in Section 15 of this Contract. Section 20 Termination 20.1 If the Consultant fails to fulfill any of its obligations under this Contract in a timely and proper manner, Metro shall have the right to terminate the Contract by giving the Consultant a
written seven (7) day notice, unless Consultant takes remedial measures satisfactory to Metro within seven calendar days after receipt of said notice. Within three (3) days of the effective date of termination, Consultant shall deliver to Metro all finished and unfinished documents, surveys, plans, materials, drawings, specifications, data, studies, maps and reports that Consultant has prepared or possesses related to this Contract, all of which shall become the property of Metro. In the event that Consultant fails to make such delivery within the stated time, the Consultant shall pay Metro any damages it sustains by reason, thereof. 20.2 In the event of termination, Metro shall have the right to retain another consultant to complete the Work described herein, and all of Consultant’s documents, surveys, plans, materials, drawings, specifications, studies, maps, and reports may be utilized in their entirety for completion of the Work. In addition, Consultant shall be liable to Metro for any excess costs occasioned thereby. 20.3 Not withstanding anything contained herein to the contrary, Consultant shall not be relieved of liability to Metro for damage, costs and expenses, including reasonable attorney’s fees, by virtue of breach of this Contract by Consultant. Section 21 Dispute Resolution 21.1 Metro will determine the acceptability of work performed under this contract, and will decide on all questions which may arise concerning the Work. Any dispute arising out of or relating to the performance of or alleged breach of this Contract that is not disposed of by agreement of the parties, shall be initially decided by Metro's Contracting Officer, who shall render a written decision on the issues in dispute within thirty(30) workdays and furnish a copy thereof to the Consultant. 21.2 The decision of the Contracting Officer shall be final and conclusive unless within twenty (20) work days from the date the Consultant receives the Contracting Officer’s written decision, the Consultant appeals in writing to Metro’s Vice President of Procurement, Inventory Management and Supplier Diversity, who shall render a written decision on the appeal within twenty (20) work days and furnish a copy to the Consultant. Notwithstanding the forgoing, these provisions shall not be a condition precedent to the Consultant’s initiation of litigation for equitable relief. 21.3 Pending final decision of a dispute hereunder, the Consultant shall continue to diligently perform the Contract and Metro shall continue to make payments under the Contract, with the exception of any disputed amount. 21.4 Nothing in this Contract is to be construed as making final the decision of any Metro official on a question of fact or law, and the Consultant is entitled to bring a civil action to obtain relief as provided under the laws of Missouri. However, Metro’s decision shall be final and conclusive unless Consultant appeals such decision pursuant to the provisions of this Section 21. 21.5 In the event one party defaults under this Agreement, the other party shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, incurred as a result of such default, whether or not litigation is commenced in aid thereof.
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Security Activity YTD FY2013 FY2012
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NOTICE OF MEETING AND AGENDA - Metro Transit

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