FM Diversion Board Of Authority Meeting – October 27, 2022
1. Call to Order
a. Roll Call of Members
2. Approve minutes from September 22, 2022 [Attachment 00.01] (Pg. 3)
3. Approve Order of Agenda
CONSENT AGENDA – APPROVE THE FOLLOWING:
- a. Finance Report [Attachment 01.00] (Pg. 7)
- b. Voucher Approval [Attachment 02.00] (Pg. 29)
- c. DA Board Approval Contract Actions [Attachment 03.00] (Pg. 45)
- i. AON Risk Services Central, New Services Agreement [Attachment 03.01] (Pg. 47)
- ii. WPAi New Services Agreement [Attachment 03.02] Pg. 50)
- iii. Program Advisor Services, MSA 2023-2027 [Attachment 03.03] (Pg. 52)
- iv. GA Group Services Agreement Amendment 2 [Attachment 03.04] (Pg. 55)
- v. Grand Farm New Services Agreement [Attachment 03.05] (Pg. 58)
- d. DA Board Approval MOU and Agreement Actions [Attachment 04.00] (Pg. 60)
- i. Cass Rural Water MFDA MURA [Attachment 04.01] (Pg. 63)
4. Executive Director Report [Attachment 05.00] (Pg. 179)
5. General Counsel Update
- a. Joint Resolution – CWSRF Loan Resolution [Attachment 06.00] (Pg. 181)
- b. Resolution Requesting Permanent Right of Way Obstruction – SWDCAI Phase II [Attachment 07.00] (Pg. 241)
- c. Executive Director Employment Contract
6. USACE Project Update –
7. Communications Team Update
8. Land Management Update
- a. Property Acquisition Status Report [Attachment 08.00] (Pg. 286)
9. Finance Update
- a. Updated City of Fargo Work for Projects Bid in 2022 [Attachment 09.00] (Pg. 291)
10. Other Business
- a. P3 Developer Safety Presentation [Attachment 10.00] (Pg. 296)
- b. Program Information Points Handout
11. Next Meeting: November 17, 2022
FilesFull Meeting Packet
Attend This MeetingFargo City Hall Commission Chambers
225 4th St. North
Fargo, ND 58102 Get Directions
A regular meeting of the Metro Flood Diversion Authority Board of Authority was held on October 27, 2022.
The following members were present: Chad Peterson, Cass County Commissioner; 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; Arlette Preston, Fargo City Commissioner; Kevin Campbell, Clay County Commissioner; Mary
Scherling, Cass County Commissioner; Rick Steen, Cass County Commissioner and Larry Seljevold, Moorhead
Member absent: Rodger Olson, Cass County Joint Water Resource District.
1. CALL TO ORDER
Mr. Peterson called the meeting to order at 3:31 PM. Roll call was taken, and a quorum was present.
2. APPROVE MINUTES FROM THE SEPTEMBER 2022 MEETING
Mr. Campbell moved to approve the minutes from the September 2022 meeting and Mr.
Steen seconded the motion. On a voice vote, the motion carried.
3. APPROVE ORDER OF AGENDA
Dr. Mahoney moved to approve the order of the agenda as amended, removing item ii., WPAi
New Services Agreement as well as amending item iii, Program Advisor Services MSA, to
reflect the term change from years 2023-2027 to years 2023-2025. Mr. Campbell seconded
the motion and on a voice vote, the motion carried.
Mr. Hendrickson moved to approve the consent agenda as amended per above and Mr. Steen
seconded the motion. On a roll call vote, the motion passed.
4. EXECUTIVE DIRECTOR REPORT
Mr. Paulsen provided the following updates:
Media & Event Highlights
• Project won three P3 Awards
Board Packet 2022-11-17 Page 3 of 56
• Public Sector Promoter/Procurer of the Year (MFDA)
• Best Financial Structure (Agentis Capital)
• Legal Advisor of the Year (Ashurst)
Major Project Accomplishments
• Second gate hung at Wild Rice River Structure
• SE-1 completed
• Released for Construction plans issued for part of the stormwater diversion channel
• Started construction on Reach 1
5. GENERAL COUNSEL UPDATE
a. Joint Resolution CWSRF Loan Resolution
Mr. Shockley provided an overview and summary of the proposed resolution to approve and adopt the
CWSRF Loan Resolution.
Mr. Hendrickson moved to approve the resolution as presented and Mr. Steen seconded the
motion. On a roll call vote, the motion carried.
b. Resolution Requesting Permanent Right of Way Obstruction SWDCAI Phase II
Mr. Shockley provided an overview and summary of the proposed resolution requesting permanent
right of way obstruction in the SWDCAI Phase II region of the project.
Dr. Mahoney moved to approve the resolution as presented and Mr. Steen seconded the
motion. On a roll call vote, the motion carried.
c. Executive Director Employment Contract
Mr. Shockley provided an overview and update regarding the COLA increase for executive director
Paulsen. It was determined that Mr. Paulsen would receive a 3.7% increase, the COLA average of the
five member entities.
Dr. Mahoney moved to approve the increase and Mr. Campbell seconded the motion. On a
roll call vote, the motion carried.
6. USACE PROJECT UPDATE
Ms. Williams provided the following USACE update:
1 Diversion Inlet Structure (DIS) – Construction
Structure includes 3-50 ft. wide Tainter gates. Construction is 87% complete and remains on schedule.
Required completion date is 7 June 2023. Preparations continue for gate setting. Bridge beams/deck
and riprap downstream of the structure being installed. Schedule for remaining primary features:
2022: Install bridge deck, gates, and operating machinery.
2023: Paint gates, seed.
2024: Turf established.
2 Wild Rice River Structure (WRRS) – Construction
Structure includes 2-40 ft. wide Tainter gates. Construction is 64% complete and remains on schedule.
The required completion date is 20 October 2023. Work on dam walls and approach aprons nearing
completion. Gate #1 installation is complete. Install of mechanical platform/vehicle service bridge
ongoing. Schedule for remaining primary features:
2022: Control building, dam embankment, gate installation.
Board Packet 2022-11-17 Page 4 of 56
2023: Complete excavation, dam embankment, seed.
2024: Turf established.
3 I-29 Raise – Construction
Includes approximately 4 miles of interstate raise between County Roads 16 and 18. Construction is
58% complete and remains on schedule. The CR18 interchange opened this week. IBI continues to pave
the mainline raise, to be complete Summer 2023. Required completion date NLT 1 January 2024.
4 Southern Embankment – Reach SE-1 (Western Tieback) – Construction
Construction is nearing completion. Final inspections are being scheduled and O&M Manual being
completed. Turnover to the Diversion Authority for Operations and Maintenance being scheduled.
5 Red River Structure (RRS) – Construction
Structure includes 3-50 ft. wide Tainter gates. Structural excavation, embankment construction and
foundation pile driving ongoing. Required completion date is 19 March 2026.
6 Drain 27 Wetland Mitigation Project – Construction
Construction is more than 50% complete. The anticipated construction completion date is December
2022. Native plantings contract to be issued late-October/November 2022.
7 Drayton Dam Mitigation Project Design – Construction
Site work continues including construction of temp. riprap road. Anticipated completion is Fall 2023.
8 Southern Embankment – Reach SE-2A – Construction
Inspection trench and embankment placement continues. Anticipated completion is Sept. 2024.
9 Southern Embankment Design – All remaining reaches are being designed.
SE-1B: Final design signoff pending. Contract award: February 2024
SE-2B: 95% review starts mid-Jan 2023. Contract award: April 2024
SE-3: 35% review starts mid-Jan 2023. Contract award: January 2025
SE-3U: 35% review starts mid-Jan 2023. Contract award: March 2024
SE-4: 35% review starts TBD. Contract award: April 2024
SE-5: 35% review starts mid-Jan 2023. Contract award: January 2025
7. COMMUNICATIONS UPDATE
A drone video highlighting the progress at the project sites was viewed and Ms. Willson provided the
• The Diversion Current: Issue 5 was distributed on October 6
• Public Relations: News release on P3 Awards and media advisory on public meetings sent
• Website: copy finalized; design/development underway; set to launch in December
• Q3 Social Media Stats (July 1-September 30, 2022)
• Top content:
• Drone update videos
• Individual award announcements
• Construction updates
• LinkedIn receives most engagements
8. LAND MANAGEMENT UPDATE
a. Property Acquisition Status Report
Ms. Smith introduced Madeline Gorghuber, the new lands specialist for the Diversion Authority. Ms.
Smith also provided the following property acquisition status report:
• 92.24% completion in the Construction Footprint
• 24.69% completion in the UMA Footprint
• 76% of the parcels in the Southern Embankment have been acquired
Board Packet 2022-11-17 Page 5 of 56
• 24.7% of the parcels in the Upstream Mitigation Area have been acquired
• 71.7% of the Environmental Easements have been signed
• 99.5% of the parcels in the Stormwater Diversion Channel have been acquired
• 100% of the Oxbow-Hickson-Bakke levee, MFDA constructed in-town levees and the Drayton Dam
mitigation is completed
• Continue negotiating settlement agreements for existing eminent domain actions
• Finalizing appraisal reports and making purchase offers for SE-2B and Phase 3 Flowage Easement
• Planning and coordination for the batch #1 of last written offers for flowage easements, including
development of a communications plan and planning two public meetings in early November focused
on crop insurance and flowage easement
• Finalized the guidance document and process for mitigation of structures on the fringe areas of the
• Developed a memo to USACE requesting authorization for mapping properties out of Mitigation Zone
1 and for raising roads in the UMA
9. FINANCE UPDATE
Mayor Dardis reported that a bid was rejected by the City that came in at 135% above budget. Mayor
Dardis also reported that a second version of the 2023 “draft” cash budget was reviewed, and no
action is needed at this time.
Mr. Bakkegard provided the following overview for project FM-21-A2:
FM-21-A1 Revised to FM-21-A2 – Erosion protection and bank stabilization of the South University
• July 2022 approved project budget based on updated engineer’s estimate = $2,805,000
• The increase in the engineer’s estimate in July 2022 was based on the following items:
o The area of the riverbank to be armored with rock rip rap needed to be expanded due to the
riverbank failure area increasing since the original estimate had been put together. The area
increased was slightly less than double.
o The addition of pavement removal and replacement on 52nd Avenue S to repair the roadway
where the bank failure has extended into it. This cost accounts for approximately $75k of the
o The current bidding market and inflation impacts.
• The City of Fargo received only one bid on the project in September 2022 with the construction cost
135% over the engineer’s estimate. The City of Fargo rejected the bid in October 2022 and followed
up with contractors that received plans.
• The City of Fargo and the project engineer have developed a revised project estimate based on
feedback received from contractors. This resulted in the following project revisions:
o The project number was revised from FM-21-A1 to FM-21-A2.
o City of Fargo plans to rebid the project in 2022 with changes noted below.
o Increasing the project estimated cost by $330k. The additional cost for the project is due to the
City of Fargo/MFDA taking over some of the risk for potential impacts of a flood by adding a
demobilization/remobilization bid item as well as slight adjustments to a few of the bid item
prices. The demobilization/remobilization bid item will not be paid unless the river goes above a
river stage of 30 feet for three weeks when the contractor is on site.
FM-21-A2: 2022 Engineer’s Estimate including engineering and contingency = $3,135,000
Request Budget Increase = $330,000
Board Packet 2022-11-17 Page 6 of 56
If the proposed motion is approved, City of Fargo project FM-21-A2 will have a budget increase of
$330,000. It is important to note that this project increase and total project cost will be part of the
2023 Cash Budget and therefore we are not requesting an amendment to the 2022 Cash Budget.
Per the “Resolution Approving the Procedure for Requesting that the City of Fargo Undertake Development of
Comprehensive Project In-Kind Work Elements and Authorizing the Reimbursement of Such Development Costs
and Expenses” I move to approve the Revised 2022 Development Plan Summary Sheets and the Estimated Total
Project Costs (attached) for the following City of Fargo Project: • FM-21-A2 – Erosion Protection & Bank
Stabilization of the South University Floodwall, for an increased budget of $330,000 and a new total budget of
Mr. Steen read the motion and moved for approval and Mayor Carlson seconded the motion.
On a roll call vote, the motion carried.
10. OTHER BUSINESS
a. P3 Developer Safety Presentation
Rikk Wampler, ASN Contractors, provided a safety presentation. Below are the highlights referenced.
Major Project Accomplishments Health and Safety
• 60,000 Hours without an Injury
• 70 Employees Orientated
• 42 Pieces of Equipment Operating
• Project Orientation and Training Programs (LMS)
• Robust Safety Auditing Program. Safety Audits Daily.
• Leadership Accountability. Safety Starts at the Top.
• Immediately correcting any unsafe condition. • Prioritizing Safety as our No. 1 Core Value.
• Start every meeting and every day emphasizing that safety is our goal.
• Never make our employees feel as though a dollar or a date is more important than their health,
their well-being or their life.
b. Program Information Points Handout
Mr. Paulsen distributed the current talking points handout.
11. NEXT MEETING
The next meeting will be November 17, 2022.
The meeting adjourned at 4:30 PM.