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Page 3 of 27 <br />County Joint Water Resource District in order to cooperate in the planning and design phase <br />of the Locally Preferred Plan. <br />“Member Entities” shall mean the City of Moorhead, the City of Fargo, Clay County, Cass <br />County, and Cass County Joint Water Resource District. <br />“Metro Flood Diversion Authority” means the political subdivision created by the LJPA and <br />continued through and vested with the powers set forth in the JPA. <br />“Owner” means the individual or entity with which the Consultant has contracted regarding <br />the services set forth herein, and which has agreed to pay Consultant for the performance of <br />the services, pursuant to the terms of this Agreement. <br />“Person” means any natural or legal person, county, city, municipality, political <br />subdivision, public benefit corporation, corporation, limited liability company, trust, joint <br />venture, association, company, partnership, Governmental Authority, or other entity. <br />“Program Management Consultant” means CH2M HILL Engineers, Inc., its successors and <br />assigns, which provides Program Management Consultant services to the Diversion <br />Authority pursuant to the Master Agreement for Professional Services dated January 13, <br />2017. <br />“Project” means the LPP Flood Risk Management Features and the Recreation Features as <br />generally described in the Final Feasibility Report and Environmental Impact Statement, <br />Fargo-Moorhead Metropolitan Area Flood Risk Management Project, dated July 2011 and <br />approved by the Chief of Engineers on December 19, 2011, as amended by the <br />Supplemental Environmental Assessment, Fargo-Moorhead Metropolitan Area Flood Risk <br />Management Project, dated September 2013 and approved by the District Engineer, St. Paul <br />District on September 19, 2013. <br />3.AUTHORIZATION TO PROCEED. Execution of this Agreement by the Diversion <br />Authority will be authorization for Consultant to proceed with the work, unless otherwise <br />provided for in this Agreement. <br />4.PRIOR AGREEMENTS. Upon execution of this Agreement, the Initial Agreement shall <br />terminate and have no further force and effect. Consultant shall send the final invoice <br />pursuant to the Initial Agreement no later than September 1, 2017. If Consultant fails to send <br />the final invoice by such date, Cass County Joint Water Resource District and the Diversion <br />Authority reserve the right to withhold payment for the services reflected in the final <br />invoice. Any Task Orders executed and completed per the Initial Agreement shall remain <br />subject to the terms and conditions set forth in the Initial Agreement. Any Task Orders <br />between the Diversion Authority or its Member Entities and Consultant entered into on or <br />after the effective date of this Agreement shall be subject to the terms of this Agreement. <br />5.SCOPE OF SERVICES. The Diversion Authority has requested Consultant provide <br />construction inspections, materials testing, and related services for the Project. The scope of <br />Consultant’s services will be limited as set forth in the attached Exhibit A, and as assigned <br />by the Diversion Authority through Task Orders on a task-by-task basis. Consultant’sDRAFT