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3 <br /> <br />equipment, and services to be provided by Contractor. <br /> <br />This Agreement may not be modified except by written instrument signed by the City <br />and by an authorized representative of Contractor. The parties agree that any terms or <br />conditions of any other instrument that are inconsistent with, or in addition to, the terms and <br />conditions hereof, shall not bind or obligate Contractor or the City. Each party to this <br />Agreement acknowledges that no representations, inducements, promises or agreements, <br />orally or otherwise, have been made by any party, or anyone acting on behalf of any party, <br />which are not embodied herein. Nothing contained in this Agreement shall create, nor be <br />interpreted to create, privity or any other relationship whatsoever between City and any person <br />except Contractor. <br /> <br />4. CHANGES IN THE WORK <br /> <br />a. City’s Right to Order Changes. Changes in the Work under this Agreement, consisting <br />of additions, deletions, revisions, or any combination thereof, may be ordered <br />unilaterally by City without invalidating the Agreement. Such changes shall be <br />communicated by Change Order or supplemental agreement, as applicable. Contractor <br />shall proceed diligently with any changes, and same shall be accomplished in strict <br />accordance with the following terms and conditions as set forth herein. “Change <br />Order” means a written instrument signed by City requesting a change in the Work. <br /> <br />b. Changes and Extensions of Time. All Change Orders, changes requested by <br />Contractor, or extensions of time occurring during construction of the Project related <br />to actual construction work shall be accomplished within the term and schedule set <br />forth in section 5 unless not reasonably practicable. All changes to the scope of design <br />services or extensions of the agreed-upon design schedule during the design process <br />shall be made by mutual agreement of City and Contractor, and claims for an increase <br />in design compensation due to a change in the scope of design construction work or <br />for an extension of time to the design schedule shall be made in writing within seven <br />(7) calendar days after occurrence of the event that gives rise to the claim. All requests <br />for additional compensation due to a change in the scope of design services, and all <br />requests for an extension of time to the design schedule, shall include sufficient <br />backup documentation for City to reasonably understand the request and the amount <br />of time or compensation requested and to determine the merits of the request. <br /> <br />c. Adjustments to Price or Time. Upon the occurrence of a Change Order for <br />construction work that increases the cost of the construction work, the price will <br />thereafter include such cost of the construction work and services attributable to such <br />change to the extent allowed by Paragraph (b) above. The failure of Contractor to <br />provide notice in writing to City in accordance with Paragraph (b) of any request for <br />an increase in price or for an extension of time shall constitute a waiver by Contractor <br />of any entitlement thereto. <br /> <br />d. Continuing Duty to Perform Construction Work and Make Payment. In the event the <br />parties are unable to agree on the terms of a change order or supplemental