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Page 2 of 4 <br /> WHEREAS, pursuant to the PPA, part of the Metro Flood Diversion Authority’s <br />responsibility will be to design, construct, manage, operate, and maintain thirty (30) miles of <br />channel and associated features; the channel outlet; two (2) aqueducts; two (2) hydraulic <br />structures; various local drainage inlets; various levees; four (4) railroad bridges; four (4) interstate bridges; ten (10) county road bridges, as well as associated environmental mitigation and recreational features (the “Diversion Channel and Associated Infrastructure” or the <br />“DCAI”); and <br /> <br /> WHEREAS, Congress has passed, and the President has signed, a 2016 appropriations bill that includes USACE funding for construction of the Project; and <br /> WHEREAS, to facilitate the design, construction, management, and financing of the <br />DCAI, the Metro Flood Diversion Authority approved on September 2, 2015, a Notice of Intent <br />to develop a Public-Private Partnership (“P3”) pursuant to North Dakota Century Code Chapter 48-02.1; and <br /> WHEREAS, North Dakota Century Code Chapter 48-02.1 gives the Metro Flood <br />Diversion Authority broad discretion to enter into a P3; and <br /> WHEREAS, the initial step to procure a P3 is to engage in a Request for Qualifications (“RFQ”); and <br /> <br /> WHEREAS, the qualifications of proposers will be evaluated and scored by an <br />evaluation team (“Evaluation Team”) in accordance with developed evaluation criteria (“Evaluation Criteria”); and <br /> WHEREAS, once the Evaluation Team has completed reviewing and scoring the <br />qualifications, it will recommend three (3) or four (4) short-listed proposers to the Metro Flood <br />Diversion Authority to review; and WHEREAS, the Metro Flood Diversion Authority will review the short-listed proposers, <br />make findings and conclusions, and designate the short list (“Short List”) as eligible for the RFP <br />phase of the P3 procurement; <br /> NOW THEREFORE, BE IT RESOLVED, the Metro Flood Diversion Authority adopts the procedures and protocols outlined in Exhibit A attached hereto to utilize in the RFQ <br />phase of the procurement of a P3 for the DCAI, further, the Metro Flood Diversion Authority <br />approves, issues and authorizes the publication of the Request for Qualifications to Design, <br />Build, Finance, Operate and Maintain the Diversion Channel and Associated Infrastructure Work <br />Package of the Fargo-Moorhead Metropolitan Area Flood Risk Management Project attached hereto as Exhibit B. <br /> <br /> <br /> <br /> DRAFT