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4. CHANGES IN THE WORK <br />a. City's Right to Order Changes. Changes in the Work under this Agreement, consisting of <br />additions, deletions, revisions, or any combination thereof, may be ordered unilaterally <br />byCity without invalidating the Agreement. Such changes shall be communicated by <br />Change Order or supplemental agreement, as applicable. Contractor shall proceed <br />diligently with any changes, and same shall be accomplished in strict accordance with the <br />following terms and conditions as set forth herein. "Change Order" means a written <br />instrument signed by City requesting a change in the Work. <br />b. Changes and Extensions of Time. All Change Orders, changes requested by Contractor, <br />or extensions of time occurring during construction of the Project related to actual <br />construction work shall be accomplished within the term and schedule set forth in section <br />5 unless not reasonably practicable. All changes to the scope of design services or <br />extensions of the agreed -upon design schedule during the design process shall be made <br />by mutual agreement of City and Contractor, and claims for an increase in design <br />compensation due to a change in the scope of design construction work or for an <br />extension of time to the design schedule shall be made in writing within seven (7) <br />calendar days after occurrence of the event that gives rise to the claim. All requests for <br />additional compensation due to a change in the scope of design services, and all requests <br />for an extension of time to the design schedule, shall include sufficient backup <br />documentation for City to reasonably understand the request and the amount of time or <br />compensation requested and to determine the merits of the request. <br />Adjustments to Price or Time. Upon the occurrence of a Change Order for construction <br />work that increases the cost of the construction work, the price will thereafter include <br />such cost of the construction work and services attributable to such change to the extent <br />allowed by Paragraph (b) above. The failure of Contractor to provide notice in writing to <br />City in accordance with Paragraph (b) of any request for an increase in price or for an <br />extension of time shall constitute a waiver by Contractor of any entitlement thereto. <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 agreement, <br />then Contractor shall continue to diligently perform the design services and the <br />construction work, including any change directed by City by change order or <br />supplemental agreement, and shall keep thorough records of the cost of performance of <br />such change order or supplemental agreement. <br />e. Fiduciary Relationship. Contractor recognizes and accepts a fiduciary relationship of trust <br />and confidence hereby established between Contractor and City and agrees that it shall at <br />all times in good faith use its best efforts to advance City's interests and agrees to perform <br />the design services and the construction work in professional manner. <br />