05-17-2018
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05-17-2018
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2 <br /> “Business Day” means a day in which normal business is conducted and excludes <br />weekends and North Dakota holidays. “CCJWRD” means the Cass County Joint Water Resource District, a political subdivision of the State of North Dakota, its successors and assigns. <br /> “Comprehensive Project” means the Fargo-Moorhead Metropolitan Area Flood Risk Management Project authorized by Section 7002(2) of the Water Resources Reform and Development Act of 2014, as generally described in the Final Feasibility Report and Environmental Impact Statement, Fargo Moorhead Metropolitan Area Flood Risk Management, dated July 2011 and approved in accordance with the Chief’s Report, as amended by the <br />Supplemental Environmental Assessment, Fargo-Moorhead Metropolitan Area Flood Risk Management Project, dated September 2013 and approved by the U.S. Army Engineer, St. Paul, on September 19, 2013. “Construction Documents Submittal” means the design submittal described in Section <br />5.04(3) of this Agreement. “DCAI” means the Diversion Channel and Associated Infrastructure portion of the Comprehensive Project, which is being procured by the Metro Flood Diversion Authority and includes, but is not limited to, the thirty (30) mile channel, outlet, river and drain inlets, road <br />bridges, railroad bridges, aqueducts, utility relocations, and recreational features. “Design Exception” means a deviation in design such that the design does not comply with the prevailing requirements. <br /> “Diversion Inlet Structure” means the hydraulic control structures being constructed by USACE at the confluence of County Road 16 and County Road 17. “Diversion Outlet” means the location where the DCAI merges with the Red River of the North. <br /> “Effective Date” means the date on which both Parties have executed this Agreement. “Engineer of Record” means an individual, or individuals, properly registered as an engineer, responsible for preparing the Final Design Submittal and the Construction Documents <br />Submittal. “Excavated Material Berm” or “EMB” means a berm constructed from materials that have been excavated from within the Project Footprint. <br /> “Final Design Submittal” means the design submittal described in Section 5.03 of this <br />Agreement.
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