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10.2 Change Order Defined <br />10.2.1. Change Order shall mean a written order to the Contractor executed by the City and <br />the Engineer / Architect issued after execution of this Contract, authorizing and directing a change <br />in the Work or an adjustment in the Contract Price or the Contract Time, or any combination <br />thereof. The Contract Price and/or the Contract Time may be changed only by Change Order. <br />10.3 Changes in the Contract Price <br />10.3.1. Any change in the Contract Price resulting from a Change Order shall be determined <br />as follows: (a) by mutual agreement between the City and the Contractor as evidenced by (1) the <br />change in the Contract Price being set forth in the Change Order, (2) such change in the Contract <br />Price, together with any conditions or requirements related thereto, being initialed by both parties <br />and (3) the Contractor's execution of the Change Order, or (b) if no mutual agreement occurs <br />between the City and the Contractor, then, as provided in Subparagraph 10.3.2 below. <br />10.3.2. The Contractor shall be bound by the following conditions and procedures governing <br />additional work under the Contract. <br />10.3.2.1. Any change order must be recommended by the City's representative and approved <br />by the City before any steps are taken to implement the change order. <br />10.3.2.2. Should the Contractor commence work without making a claim in writing for <br />unforeseen extra work encountered, it will be construed as an acceptance and agreement that such <br />work is required under the Contract and no further claim for such extras will be considered or <br />allowed by the City. <br />10.3.2.3. Changes in the Work directed by the Engineer / Architect shall become part of the <br />Contract only by written change order. <br />10.3.2.4. Information regarding changes in the Work for additional work, credits and <br />adjustments under the Contract shall be promptly transmitted in writing by the Contractor to the <br />Engineer / Architect with full explanations and justifications for consideration in preparing a change <br />order to the Contract. <br />10.3.2.5. Contractor shall allow twenty-one (21) calendar days for the Engineer / Architect to <br />review and respond to the City on Contractor submitted Requests for Change Order pricing and <br />Contractor submitted pricing for City initiated proposal requests. This review time is only for <br />correctly submitting pricing. Submitted pricing found not to be in correct format, or containing <br />pricing that relates to Work clearly not part of the change, or contains SubContractor pricing not in <br />the correct format, or contains Sub -Contractor pricing that relates to Work clearly not part of the <br />change, will not be reviewed and returned to the Contractor for proper submission and as such, no <br />Contractor claims for delay will be accepted as a result of extended response time due to improper <br />pricing submission. <br />10.3.2.6. The Engineer / Architect will review properly submitted Contractor pricing and <br />compare submitted pricing with published pricing data contained in the Building Cost Data, <br />Page 24 of 44 <br />