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f <br />number include the singular number, and words in the singular include the plural. <br />The words "shall ", "agree ", and "will" are mandatory and not merely permissive. <br />City means the City of San Marcos, Texas <br />Combined Performing Arts Center Improvements or CPACI means Texas State's <br />capital improvements totaling approximately $80 Million to construct a Recital <br />Hall and Theatre (RHT) Center, associated Parking Garage and South Chill Plant <br />to be built by Texas State on the boundary of the main campus in the area of N. <br />LBJ Drive and University Drive and related improvements such as traffic <br />signalization, road realignment and pedestrian lighting. The location of the <br />CPACI project components is depicted in Exhibit A attached hereto and <br />incorporated herein by reference. <br />Downtown Electrical Underground Project (DEUP) means the City's project to <br />provide electric service to Texas State and the downtown area which includes <br />two new 800 Amp. overhead primary electric circuits from the Loop 82 and San <br />Marcos substations to a point adjacent to CM Allen Parkway, and relocating <br />electric overhead service on the North side of University Drive between C.M. <br />Allan and N. LBJ Street to underground within Hutchison Street and N. LBJ <br />Street, as well as renovate the City's downtown streets and utility infrastructure <br />as depicted in Exhibit B attached hereto and incorporated herein by reference. <br />Change order means a written order to the Contractor signed by the Engineer <br />and City authorizing an addition, deletion or revision in the work, or an <br />adjustment in the Contract Price or the Contract Time, issued after execution of <br />the Agreement. <br />Discretionary Change Orders means those changes orders that are requested by <br />either party for its convenience or internal organizational needs. <br />Final Completion. The term "Final Completion" shall mean that all the work has <br />been completed, all final punch list items have been inspected and satisfactorily <br />completed, all payments to materialmen and subcontractors have been made, all <br />documentation and warranties have been submitted, and all closeout documents <br />have been executed and approved by the City. <br />Mandatory Change Order means those change orders necessitated by <br />unforeseen site or other unforeseen or unavoidable design, construction or <br />project conditions that may arise after the bid has been awarded that requires a <br />change order to enable the project to be completed as contemplated by the <br />parties. <br />2 <br />