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(1) The Consultant, will complete the work in accordance with the schedule negotiated with the City and <br />the Consultant, has taken into consideration and made allowance for all hindrances and delays incident to <br />such work, whether growing out of delays in securing material, workers, weather or otherwise. No charge <br />will be made by the Consultant for any hindrance or delay from any cause whatever during the progress of <br />any portion of its work contemplated by the specifications, but the City may grant an extension of time for <br />the completion of the work, provided it has satisfied that such delays or hindrances were due to <br />extraordinary causes or to the acts of omission or commission by the City. It is agreed that the granting of <br />such extensions of time will in no instance exceed the time actually lost by Consultant for reason of such <br />causes, provided that the Consultant will give the City immediate notice in writing of the cause of the <br />detention or delay. Any such extension of time will be provided utilizing the City's Authorization of <br />Change in Services form included as Attachment C. <br />(m) This Agreement including any appendices and referenced attachments or exhibits represents the entire <br />and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, <br />representations or agreements either written or oral. In the event of a dispute between the parties regarding <br />the intent of this Agreement, both parties agree that this Agreement will be construed in a manner consistent <br />with the City's Request for Proposals, the Consultant's Proposal Response, and the public record of the <br />City Council's approval of this Agreement as applicable. This Agreement may be amended only by written <br />instrument, which must be signed by both the City and the Consultant. The San Marcos City Council must <br />approve any such authorization of change in services or amendment if it results in a change, the <br />compensation for which exceeds $50,000.00. <br />(n) Any exhibits and/or attachments attached to this Agreement are incorporated by reference into this <br />Agreement as though included verbatim herein. In the event of any conflict between these Terms and <br />Conditions and the provisions of any exhibit or attachment to this Agreement, these Tenons and Conditions <br />will govern and control. <br />(o) The Consultant's attention is called to the fact that pursuant to San Marcos Ordinance No. 2013 -57, as <br />amended, all City of San Marcos owned and rented/leased properties are smoke free properties. All <br />Consultants, their subconsultants and employees are prohibited from smoking while on City property. This <br />prohibition includes the enclosed areas of public places and workplaces and within 10 feet of doors and <br />windows of City-owned or rented buildings, all City parks and the grounds outside of any City building. <br />This prohibition includes e- cigarettes and other inhaled vapor devices. The City may terminate this <br />Agreement for noncompliance with this ordinance. <br />12 <br />CITY HALL • 630 EAST HOPKINS • SAN MARcos, TEXAS 78666 • 512.393.8150 • FACSIMILE 512.393.3983 <br />SANMARCOSTX.GOV <br />