05-17-2018
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05-17-2018
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4 <br />“Project Agreement” means a Public-Private Partnership Agreement as authorized by <br />Chapter 48-02.1 of the North Dakota Century Code, by and between the Metro Flood Diversion Authority, or one or more Member Entities authorized by the Metro Flood Diversion Authority, and a P3 Developer for design, construction, financing, operation and maintenance of the Project. “Project Site” means the physical area within which the DCAI is contained as identified in Exhibit 2. “Project” means the design, construction, finance, operations, and maintenance of the DCAI. <br /> “Project Property” means real property acquired for the Project, including, but not limited to, land, rights-of-way, easements, licenses, and leases. “Railroad” means either BNSF Railway Company, a corporation organized and existing <br />under the laws of the State of Delaware, or Red River Valley & Western Railroad Company, a corporation organized and existing under the laws of the State of Minnesota, as the context may require. “Record Drawings Deliverable” means an organized set of plans, details, specifications, <br />calculations, and related documentation that accurately represents the structure constructed, and the conditions encountered during construction. “Released for Construction Documents” means all drawings, specifications, revisions thereto, and any other items necessary to construct the work, signed and sealed by an Engineer of <br />Record. “Rush River Inlet” means the river inlet that conveys the flow of the Rush River into the DCAI. “Signed and Sealed” means the signature and seal of a licensed professional engineer on a document indicating that the licensee takes professional responsibility for the work and, to the best of the licensee’s knowledge and ability, the work represented in the document is accurate, in conformance with applicable codes at the time of submission and has been prepared in conformity with normal and customary standards of practice and with a view to the safeguarding <br />of life, health, property, and public welfare. The licensed professional engineer certifies that the documents have been signed and sealed in accordance with laws, rules, and regulations of the State. “Site” means the physical location at which any Work is being done, has been done, or <br />will be done as part of the Utility Location Project. <br /> “State” means the State of North Dakota. “Substantial Completion” means the time at which the Work, or a specified part <br />thereof, has progressed to the point where, in the opinion of the Metro Flood Diversion
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