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Flood Diversion Board of Authority—November 12, 2015 2 <br />Courthouse in Minneapolis to hear final arguments from both sides on the merits of the lawsuit. He <br />said the court will most likely take the case under advisement after the hearing. <br />Amendment to Oxbow MOU Mr. Johnson said the Diversion Authority and Oxbow entered into a Memorandum of Understanding (MOU) in 2013 to deal with property transactions. For consideration today is an amendment to address <br />lot sale proceeds. The Diversion Authority will receive 100% of proceeds from replacement lot sales to Oxbow residents whose existing homes and lots were acquired by the Diversion Authority and 75% from replacement lot sales to anyone else with 25% going to the City of Oxbow. The MOU has been <br />approved by Fargo, Cass County, CCJWRD and Oxbow. <br />MOTION, passed Mr. Mahoney moved and Mr. Brodshaug seconded to approve the amendment to the Oxbow Memorandum of Understanding. On roll call vote, the motion carried unanimously. <br /> 6. TECHNICAL UPDATE <br />Recommended Policy Actions <br />Mr. Spiller said the final draft of the detention policy funding manual is complete, which outlines criteria <br />to qualify for upstream retention funding through the Diversion Authority. Mr. Vanyo said the policy outlines the process and procedures for project sponsors to apply for funds. <br />MOTION, passed Mr. Williams moved and Mr. Campbell seconded to approve the FMDA Detention Funding Policy Manual. Motion carried. <br /> <br />Recommended Contract Actions Summary Mr. Spiller discussed Utility Relocation Agreements, Change Orders, Authority Work Directives and <br />Retention Phase I Funding as follows: Utility Relocation Agreements <br /> Century Link—relocation along 1st Avenue in Fargo and under the Red River as part of the 2nd Street floodwall project in the amount of $2,586,742. <br /> Xcel Energy—transformer and distribution lines as part of the 4th Street pump station and floodwall project in the amount of $65,613.11. <br /> <br />Change Orders <br /> Industrial Builders, Inc. Change Order No. 4—addition of baffle wall to wet well, cut and leave <br />sheeting, and 2nd Street North closure in the amount of $238,871.75. <br /> ICS Change Order No. 3—deduct exterior electrical work, installation of fence, bollards and <br />lighting at Fargo High Rise at a cost savings of $10,570.93. <br /> Industrial Builders, Inc. Change Order No. 3—change water main size, paint traffic signal <br />poles, and revise traffic control plan in the amount of $96,806.17. <br />Authority Work Directive <br /> HMG AWD-00052—design and permitting services during bidding and construction of Park <br />East demolition and Howard Johnson Hotel, Shakey’s and Fargo Public Schools building <br />demolition in the amount of $50,000. <br />Retention Phase 1 Project Funding <br /> Stoney Creek Retention for $86,000 <br /> Brandrup 9 Retention for $32,980 <br /> Redpath Retention for $90,000 <br /> Western 32 Retention for $22,400 <br />