12-19-2019
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12-19-2019
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<br />Page 3 of 25 <br /> <br />“Program Management Consultant” means CH2M HILL Engineers, Inc. its successors <br />and 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. References to the Program Management Consultant in this Agreement include <br />references to subconsultants of CH2M HILL Engineers, Inc., and its successors and <br />assigns, including Advanced Engineering and Environmental Services, Inc. (AE2S). <br /> <br />“Project” means the LPP Flood Risk Management Features and the Recreation Features <br />as generally described in the Final Feasibility Report and Environmental Impact <br />Statement, Fargo-Moorhead Metropolitan Area Flood Risk Management Project, dated <br />July 2011 and approved by the Chief of Engineers on December 19, 2011, as amended by <br />the Supplemental Environmental Assessment, Fargo-Moorhead Metropolitan Area Flood <br />Risk Management Project, dated September 2013 and approved by the District Engineer, <br />St. Paul District on September 19, 2013 and as amended by the Non-Federal sponsors <br />(City of Fargo, City of Moorhead, and Diversion Authority). <br /> <br />“Project Manager” means the individual identified by the Consultant as the Consultant’s <br />project manager. <br /> <br />“Task Order Budgetary Breakdown” means the budgetary breakdown for a Task Order. <br /> <br />3. AUTHORIZATION TO PROCEED. Execution of this Agreement by the Owner will be <br />authorization for Consultant to proceed with the work, unless otherwise provided for in <br />this Agreement. <br /> <br />4. SCOPE OF SERVICES. Owner has requested Consultant provide project development <br />and implementation services, or related services for the Project, generally as set forth in <br />the attached Exhibit A attached hereto. Consultant’s detailed scope of services, work <br />schedule, and cost budget will be mutually agreed upon in writing and set forth in Task <br />Orders issued by the Owner under this Agreement. Each Task Order will specifically <br />refer to and incorporate this Agreement by reference, and the provisions of this <br />Agreement shall apply to all Task Orders entered into subsequent to the Effective Date of <br />this Agreement. In general, Consultant’s services will include services in support of the <br />Project as mutually agreed upon between the parties. <br /> <br />5. CHANGES TO SCOPE OF SERVICES. The Owner may make or approve changes <br />within the general scope of services in this Agreement. If such changes affect <br />Consultant’s cost of or time required for performance of the services as set out in any <br />applicable Task Order, then an equitable adjustment will be made through an amendment <br />to the applicable Task Order or this Agreement. <br /> <br />6. RESPONSIBILITY FOR ERRORS OR DELAYS FROM INACCURATE DATA. <br />Consultant and the Owner acknowledge that the reliability of Consultant’s services <br />depends upon the accuracy of the data supplied to Consultant. The Owner accepts sole <br />responsibility for errors or delays in services resulting from inaccurate data supplied to
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