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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 />c. 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 the highest professional mariner. <br />TERM AND SCIiEDULE OF WORK <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 16 below. Contractor shall complete all design work and obtain all <br />permitting within sixty (60) days of commencement of the Agreement. After the City approves <br />the design work, the construction related work under the Agreement shall be completed within <br />one hundred twenty (120) days from the date of issuance by the City of a "Notice to Proceed," <br />The term of this Agreement may be extended upon a writing executed by the City Manager and <br />City Attorney. <br />Upon completion of all work under this Agreement, ownership and title to all reports, <br />documents, tracings, plans, specifications, estimates and snaps 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 />1` w <br />