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<br />This is Task Order No. 5, Amendment 4, <br />consisting of 2 pages. Task Order No. 5, Amendment 4 <br />In accordance with Paragraph 1.01 of the Agreement between Fargo-Moorhead Flood Diversion Authority <br />(“Owner”) and Houston-Moore Group, LLC (HMG) (“Engineer”) for Professional Services – Task Order Edition, <br />dated March 8, 2012 ("Agreement"), Owner and Engineer agree as follows: <br />The parties agree that in the event of a conflict between Task Order No. 5 and this Amendment, the terms and <br />conditions in this Amendment shall prevail, provided however, nothing herein shall preclude ENGINEER from <br />invoicing for work authorized under prior versions of this Task Order and performed prior to effective date of this <br />Amendment, even to the extent such prior work was revised by this Amendment. All other terms and conditions <br />shall remain the same and are hereby ratified and affirmed by the parties. <br />This amendment constitutes the entire agreement between the parties with respect to the closeout of the Task <br />Order, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, <br />regarding such subject matter. <br />This modification is hereby issued to administratively close out Task Order No. 5, which expired December 31, <br />2012. Task Order No. 5 is 100% complete and final invoice #215 (dated 03/31/2013) has been paid. <br />4. Payments to Engineer <br /> DELETE and REPLACE Payments to Engineer in its entirety with the following: <br />A. Owner shall pay Engineer for services rendered as follows: <br />i. Compensation for services identified under Subtasks A through G shall be on a Time and <br />Material basis in accordance with the Standard Hourly Rates shown in Appendix 2 of <br />Exhibit C of the Agreement. <br />ii. The total compensation for services identified under the Task Order for Subtasks A <br />through F is not-to-exceed $905,000 as defined in the table below. <br />iii. Estimated budget for Subtask B, VE-13 Move Red River Outlet Structure North, <br />Subtask D, Move Diversion Upstream (South) of Oxbow, ND, Subtask E, Move Diversion <br />North of Confluence of the Wild Rice and Red Rivers, is based on an allowance. <br />1. Engineer will notify Owner when eighty percent (80%) of the budget on <br />Subtask B, VE-13 Move Red River Outlet Structure North, Subtask D, Move <br />Diversion Upstream (South) of Oxbow, ND, Subtask E, Move Diversion North of <br />Confluence of the Wild Rice and Red Rivers, is expended. <br />2. Engineer will prepare and submit an amendment for additional compensation <br />when ninety percent (90%) of budget on Subtask B, VE-13 Move Red River <br />Outlet Structure North, Subtask D, Move Diversion Upstream (South) of Oxbow, <br />ND, Subtask E, Move Diversion North of Confluence of the Wild Rice and Red <br />Rivers, is expended. <br />3. Engineer will not perform work beyond one hundred percent (100%) of the <br />budget for Subtask B, VE-13 Move Red River Outlet Structure North, Subtask D, <br />Move Diversion Upstream (South) of Oxbow, ND, Subtask E, Move Diversion <br />North of Confluence of the Wild Rice and Red Rivers, without Owner’s <br />authorization by an amendment to this Task Order. <br />HMG TO5-A4_Short.docx 1 <br />DR <br />A <br />F <br />T