FM Diversion Board Of Authority Meeting – May 25, 2023

A regular meeting of the Metro Flood Diversion Authority Board of Authority was held on May 25, 2023. The following members were present: Dr. Tim Mahoney, Mayor, City of Fargo; Bernie Dardis, Mayor, City of West Fargo; Shelly Carlson, Mayor, City of Moorhead; Chuck Hendrickson, Moorhead City Council; Dave Piepkorn, Fargo City Commissioner; David Ebinger, Clay County Commissioner; John Strand, Fargo City Commissioner;

Kevin Campbell, Clay County Commissioner; Mary Scherling, Cass County Commissioner; Tony Grindberg, Cass County Commissioner and Larry Seljevold, Moorhead City Council.

Member(s) absent: Chad Peterson, Cass County Commissioner and Rodger Olson, Cass County Joint Water Resource District.

1. CALL TO ORDER

Mayor Mahoney called the meeting to order at 3:30 PM. Roll call was taken, and a quorum was present.

2. APPROVE MINUTES FROM THE APRIL 2023 MEETING

MOTION PASSED

Mr. Piepkorn moved to approve the minutes from the April 2023 meeting and Mr. Ebinger seconded the motion. On a voice vote, the motion carried.

3. APPROVE ORDER OF AGENDA

MOTION PASSED

Mayor Carlson moved to approve the order of the agenda as amended to include items a., b., and c., under item 10, Other Business, and Mr. Hendrickson seconded the motion. On a voice vote, the motion carried.

CONSENT AGENDA

MOTION PASSED

Mr. Grindberg moved to approve the Consent Agenda and Mr. Piepkorn seconded the motion. On a roll call vote, the motion carried.

4. EXECUTIVE DIRECTOR REPORT

Mr. Paulsen provided the following updates:

Happenings

Speaking & Outreach Highlights

• NDSU CE408 Tour: About 50 engineering students toured project May 1
• National Association of Floodplain Managers Conference: MFDA/HMG presentation on Dam Operation to Minimize Project-Induced Floodplain Impacts
• USACE Senior Leadership Conference: Director of Engineering part of panel on MFDA partnership; Board members/mayors presented on project leadership

5. GENERAL COUNSEL UPDATE

Mr. Shockley did not have an update to report.

6. CONSTRUCTION PROJECT UPDATES

a. USACE Project Update

Mr. Fuchs provided the following USACE update:

1 Diversion Inlet Structure (DIS) – Construction
Structure includes 3-50 ft. wide Tainter gates. Construction is 93% complete and remains on schedule.
Construction completion date is 7 June 2023. Installation of the 3 gates complete. Bridge beams/deck
being installed. Schedule for remaining primary features:
2023: Install bridge and mechanical platform deck, gates, operating machinery, seeding.
2024: Turf established.
2 Wild Rice River Structure (WRRS) – Construction
Structure includes 2-40 ft. wide Tainter gates. Construction is 85% complete and remains on schedule.
The construction completion date is 3 December 2023. River diverted through the engineered
channel. Install of mechanical platform/vehicle service bridge ongoing. Remaining schedule:
2023: Control building, install gate operating machinery, dam embankment, seeding.
2024: Turf established.
3 I-29 Raise – Construction
Includes approximately 4 miles of interstate raise between County Roads 16 and 18. Construction is
74% complete and remains on schedule. Construction completion date is 1 January 2024.
Constructing bridge deck, aprons and abutment walls. Paving of the mainline raise to be complete
Summer 2023.
4 Southern Embankment – Reach SE-1 (Western Tieback) – Construction
Construction was completed 10 November 2022. Partial turnover to the Diversion Authority for
Operations and Maintenance occurred on 29 December 2022. O&M Manual being completed.
5 Red River Structure (RRS) – Construction
Structure includes 3-50 ft. wide Tainter gates. Construction is 11% complete. Construction completion
date is 19 March 2026. Foundation pile driving is ongoing. Placed one of the largest concrete
placements to date on any of the FMM projects.
6 Drain 27 Wetland Mitigation Project – Construction
Construction was completed 2 December 2022. Native plantings 5-year service contract was
advertised for bids on 1 February 2023. Contract award anticipated in May 2023.
7 Drayton Dam Mitigation Project Design – Construction
Construction is 54% complete. Contractor notched existing dam to drawdown work area. Removal of
the existing dam planned for Summer 2023. Construction completion is 30 September 2023.
8 Southern Embankment – Reach SE-2A – Construction
Construction is 12% complete. All work has paused for the winter. Scheduled completion date is 30
Sept. 2024.
9 Southern Embankment Design – All remaining reaches are being designed.
SE-1B: Final design review Aug 2023 ……………………. Contract award: February 2024
SE-2B: BCOES review starts May 2023 …………………… Contract award: April 2024
SE-3: 65% review starts mid-Aug 2023…………………… Contract award: January 2025
SE-4: 65% review starts late-June 2023 …………………. Contract award: April 2024
SE-5: 65% review starts late-July 2023 …………………… Contract award: January 2025
OHB Reach 43B: 95% review starts mid-July 2023 …. Contract award: February 2024

b. SWDCAI Project Update

Mr. Fuchs provided an update of the construction map that shows current work in progress, 30 and 60 day projected progress:

Design Submittal & Review Progress

• Over 1,200 review cycles
• 77 Approved Designs
• 58 Utility
• 19 Other
• 63 Submittals In-Review

Construction Look Ahead

Channel Excavation

• Reach 3 – excavating resumed
• Reach 4 – 30 days
• Reach 5 – 60 days

Bridges

• CR 81
• CR 32
• I-29

Drain Inlets

• Drain 30
• Diversion outlet & Drain 29
• Maple River Aqueduct

c. Drone Footage

A drone video highlighting the progress that has been achieved since April was viewed.

7. COMMUNICATIONS UPDATE

Ms. Willson provided the following Communications update:

ND Professional Communicators Awards:

• The Diversion Current – 1st place
• Summer Construction Update Video – 2nd place
• MFDA LinkedIn – 3rd place

Videos:

• Faces of the Diversion: Katey Levihn (Jacobs/environment) released in May

Media Relations:

• Compliance specialist news release
• Benefits of diversion’s passive features

8. LAND MANAGEMENT UPDATE

a. Property Acquisition Status Report

Ms. Smith provided the following property acquisition status report:

• 1% completion in the Construction Footprint
• 39% completion in the UMA Footprint
• 2% of the parcels in the Southern Embankment have been acquired
• 9% of the parcels in the Upstream Mitigation Area have been acquired
• 6% of the Environmental Easements have been signed
• 8% of the parcels in the Stormwater Diversion Channel have been acquired
• 4% of the Oxbow-Hickson-Bakke levee
• 100% MFDA constructed in-town levees and the Drayton Dam mitigation is completed

Key Activities

• Continue negotiating settlement agreements for existing eminent domain actions
• Batch #7 next steps letters and eminent domain filing action was requested on 2 property owners
• Reconfigured the future Batches schedule for remaining properties to extend through October 2023
  • Initiated request for ROE from property owners for the Sheyenne River Habitat Improvement Project
  • In the last month 5 parcels/4 landowners successfully closed
  • 49 farmland leases have been completed for the upcoming season (40 in ND, 9 in MN)

9. FINANCE UPDATE

Finance Report

Mayor Dardis reported that the bills payable as of May 16, 2023, total $10,965,389 and the current net position is $185,180,375. Mayor Dardis also reported that all the utility relocations were approved as well as the City of Fargo work plan requesting an additional $656,579.90 for project NR-23-A1.

a. City of Fargo Work Plan for Projects Bid in 2023

Mr. Bakkegard provided the following update and budget request for the City of Fargo work:

a. NR-23-A1 (Now will be NR-23-A2 & NR-23-A3): STS LS #47 & #48 Reconstruction

• This project scope includes reconstruction of storm sewer lift stations #47 and 48, I-29 ditch modifications adjacent to Drain 27, and two Drain 27 culvert replacements.
• In December 2022, the MFDA Board of Authority approved the 2023 cash budget which included $4,900,000 for construction on this project in 2023. The overall project budget of $6,200,000 was based on the 2018 project estimate and the scope of the overall project has not changed. It was estimated that only $4,900,000 for the project would be spent in 2023.
• In January 2023, the MFDA Board of Authority approved a total project budget increase of $4,808,250. This increased the previously approved total project budget from $6,200,000 to $11,008,250. The $11,008,250 new project budget was based on the updated engineer’s estimate and again the scope of the overall project has not changed. In January 2023, the 2023 cash budget was not amended, as the estimated spend of $4,900,000 in 2023 did not change. The increase in the overall project budget was based on the following items:
  • The increase in the engineer’s estimate from the 2018 cost estimate is due to the current bidding market and inflation impacts.
  • This project is projected to be bid in Q1 2023 and will be constructed in both 2023 and 2024.
  • At the time of the approved total project budget increase, the design of the project was 95% complete and property acquisition was 50% complete.
• The City of Fargo received bids for the project in April 2023, with the low bid coming in higher than the engineer’s estimate. The new total project budget is $11,664,829.90, which is approximately 6% higher than the previously approved project budget. The increase in the overall project budget is based on the following items:
  • The overall construction bid came in approximately 8% higher than the previously approved project budget which was based on the 95% design engineer’s estimate.
  • The City of Fargo reduced the contingency down to 5%.
  • Construction services cost estimates were increased to reflect the additional inspection time required for the project.
• The anticipated spend in 2023 did not change at $4,900,000 and therefore a 2023 cash budget amendment is not required.

NR-23-A1: 2023 Total Project Budget including construction bid, construction services and contingencies = $11,664,829.90 of which $4,900,000 is projected to be spent in 2023.

MOTION PASSED
Mr. Grindberg moved to approve the requested total budget increase of $656,579.90 for the City of Fargo project and Mayor Carlson seconded the motion. On a roll call vote, the motion carried.

10. OTHER BUSINESS

a. Sheyenne River Habitat Mitigation Project

Mr. Paulsen provided the following highlights of the Sheyenne River Habitat Mitigation Project:

• Updated design for fish passage
• Lowers velocities
• Adds engineered channel meanders downstream of the channel
• Incorporates channel benching upstream

b. Minnesota Legislative Update

Mayor Carlson reported that the Minnesota Legislature session has adjourned and $11 million was awarded to the City of Moorhead for in-town flood mitigation projects.

c. Authority Administration Building (AAB) Fill Contract

Proposed Contract for Delivering Fill Material to the AAB Site

Mr. Barthel provided the following update and request for delivering fill to the AAB site:

BACKGROUND

During the design of the USACE Drain 27 project, the Authority Staff worked with the USACE to identify 180,000 cubic yards of excess material from that project that could be used to build the pad for the Authority Administration Building (AAB) site. Since the USACE contractor would be digging the material out of the Drain 27 project and hauling it to a designated disposal site which was on or adjacent to the AAB site, the Technical Requirements for the P3 only required the Developer to receive the material. During the construction of the Drain 27 project, an issue arose with the haul road to the disposal site and the USACE and their contractor stopped hauling the material to the original disposal site.

CURRENT STATUS

RRVA is planning on placing additional wick drains on the AAB site in mid-June and then will continue building the AAB site pad around the first of July. Since all the 180,000 cubic yards was never delivered from the Drain 27 project, the Authority is required to provide RRVA the remaining balance. RRVA has asked that this material be delivered starting on July 1, so that they can maintain their schedule. The Authority will have to hire a contractor to deliver material to RRVA at the AAB site.

AAB SITE FILL CONTRACT SCOPE AND FEE

The Authority Staff are still working with RRVA to verify the amount of fill material needed to be delivered. However, due to the timing of this work and the North Dakota bidding requirements, this contract cannot wait until the June Finance Committee and Board meeting. A pre-authorization from the Board is desired to bring this contractor on as quickly as possible and avoid a delay claim by RRVA.

MOTION PASSED

Mr. Grindberg moved to authorize the MFDA to proceed with advertising for bids and award a contract to the lowest responsible bidder upon concurrence from the executive director and chairman. Mr. Ebinger seconded the motion and on a roll call vote, the motion carried.

11. NEXT MEETING

The next meeting will be June 22, 2023.

12. ADJOURNMENT

The meeting adjourned at 4:01 PM.