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design process shall be made by mutual agreement of City and Consultant, and claims for <br />an increase in design compensation due to a change in the scope of design construction <br />Work or for an extension of time to the Design Schedule shall be made in writing within <br />seven (7) calendar days after occurrence of the event that gives rise to the claim. All <br />requests for additional compensation due to a change in the scope of Design Services, <br />and all 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 of <br />time or compensation requested and to determine the merits of the request. <br />c. Adjustments to Price or Contract Time: upon the occurrence of a change order for <br />Construction Work as set forth in (a) hereinabove which increases the Cost of the <br />ConstrictionWork, the Price will thereafter include such Cost of the Construction Work <br />and Services attributable to such change to the extent allowed by Paragraph (b) <br />hereinabove The failure of Consultant to provide notice in writing to City in accordance <br />with Paragraph (b) of any request for an increase in Price or for an extension of the <br />Contract Time shall 'constitute 'a waiver by Consultant 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 Consultant 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: Consultant recognizes and accepts a fiduciary relationship of <br />trust and confidence hereby established between Consultant and City and agrees that it <br />shall at all times in good faith use its best efforts to advance City's interests and agrees to <br />perform the Design Services and the Construction Work in the highest professional <br />manner. <br />5. TERM <br />This Agreement shall commence on the date First written above and terminate upon the <br />City's acceptance of the project via a "Notice of Completion" unless terminated earlier in <br />accordance with Section_ below, The Consultant shall complete all design work and obtain <br />all permitting within sixty (60) working days of commencement of Agreement. After the City <br />approves the design work, the construction related work under the contract shall be completed <br />within (45) forty-five working days from the date of issuance of the "Notice to Procecd." The <br />term of this Agreement may be extended upon a writing executed by the City Manager and City <br />Attorney. <br />Upon completion of all work under this Agreement, ownership and title to all reports, <br />documents, tracings, plans; specifications; estimates and inaps prepared or obtained under the <br />terns of this Agreement shall be delivered to, and become the property of City, Basic survey <br />notes and sketches, charts_, computations, and other data prepared or obtained pursuant to this <br />Agreement shall be made available upon request of the City without restriction or limitation on <br />