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Agenda for DD-REGULAR AGENDA REGULAR MTG

   
AGENDA
DRAINAGE DISTRICT
BOARD OF DIRECTORS
July 27, 2021
1:45 P.M.
 

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR MEETING of the Drainage District #1 Board of Directors will be held in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor,  Edinburg, Hidalgo County, Texas. The Board of Directors may, at any time during this meeting, retire to a closed meeting pursuant to ยง551.071(2) of the Texas Government Code to seek the advice from its attorney on any subject slated for discussion or action on the agenda.  Discussion and possible action relating to the following business will be transacted:

In accordance with section 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location.  As a result, all or some government officials may participate via videoconference.  Additionally, members of the public are encouraged to watch the meetings online, at:
www.hidalgocounty.us/HClive

To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time.

1.
Roll Call
 
2.
Prayer
 
3.
Open Forum
 
4.
Approval of Consent Agenda
 
5.
General Operations:
 
A.
AI -81835
Discussion and update on Texas Water Development Board Region 15 Lower Rio Grande Regional Flood Planning Group.
 
B.
AI -81815
Consideration and possible action to adopt a plan of finance to issue the remaining authorized but un-issued bonds from the 2018 Bond Referendum.
 
C.
AI -81847
Approval of Resolution and Affidavit requesting financial assistance from the Texas Water Development Board for the Raymondville Drain Project and action designating Mr. Raul E. Sesin, P.E., CFM as authorized signor of the grant agreement and any other necessary documents that apply to the grant and transfer of funds
 
D.
AI -81731
Requesting approval to purchase two (2) New JD 470G Short Boom Excavators through the District's membership with Sourcewell Cooperative awarded Contract No. 032-119 from Doggett Heavy Machinery Services, LTD in the total amount of $840,000.00, includes an extended warranty of - 60 mo./5000hrs. powertrain & hydraulic. Subject to final legal review. (Reference Procurement No. HCDD1-21-032)
 
E.
AI -81809
Requesting approval of the final On-Call Professional Surveying Service Agreement  (C-HCDD1-21-018-07-27) with Gilbert J. Guerra Engineering dba Rio Delta Engineering,for Hidalgo County Drainage District No. 1 projects, and subject to Legal Review. [as approved for negotiations by HCDD1 BOD on 6/1/21]
 
F.
AI -81804
1.  Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-055-08-13), with Javier Hinojosa Engineering, for the project: "Moorefield & Inspiration (Mile 5 Rd. thru Mile 6 Rd.)", to reflect a revised  period of service to end on October 1, 2021. (subject to Legal review and compliance with HB1295).

2.  Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-055-08-13), with Javier Hinojosa Engineering, for the project: "Moorefield & Inspiration (Mile 5 Rd. thru Mile 6 Rd.)" reflect a revised period of service to end on October 1, 2021. (subject Legal review and compliance with HB1295).
 
G.
AI -81822
1. Requesting approval to accept bids and award a construction contract to the lowest and best bidder meeting all specified requirements, to Mor-Wil LLC , Base Bid including Alternate No. 1 in the amount of $1,394,350.31 for RFB No. HCDD1-21-011-07-14, "Cesar Chavez & Texas Rd, Canton Rd & Tower Rd, and Iowa Road Drainage Areas Improvements," and as recommended by project engineer, Jose Noe Saldivar, PE, CFM, Engineer IV. (subject to Legal Review and Compliance with HB1295).

2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor." 
 
H.
AI -81798
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services;

2. Presentation of scoring grid of firms graded through the District's "Pool" of pre-qualified Professional Engineers for the purpose of ranking by HCDD1 Board of Directors in connection with Professional Services for the "Repair and Re-Construction of Main Floodwater Channel Wier No. 4, located in Willacy County, Texas" required for Hidalgo County Drainage District;
 
C-HCDD1-21-043-00    
FIRM NAME: SCORE: RANK:
ICE Engineering 96.67  
Entech Civil Engineers 95.00  
Izaguirre Engineering 93.33  

3. Pursuant to the Boards approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate a Professional Services Agreement with the number one (1) ranked firm of:__________________________   for the provisions of Professional Services  for the "Repair and Re-Construction of Main Floodwater Channel Wier No. 4, located in Willacy County, Texas" required for Hidalgo County Drainage District.
 
I.
AI -81734
1. Requesting approval to reject bids received for project titled ''Fuel-Gasoline & Diesel (On & Off Highway)'' through RFB No.: HCDD1-21-014-07-07-ESZ. 

2. Requesting authority to exercise the Sixty (60) Day Grace Period extension as provided in the current agreement for "Fuel-Gasoline & Diesel (On & Off Highway)" with Gold Star Petroleum Inc., (Contract No.: C-HCDD1-19-048-07-30), under the same rates, terms and conditions effective   July 30, 2021, through  September 28, 2021, or upon completion of the procurement process for the award of a new contract, whichever comes first and is most advantageous to HCDD1.
 
J.
AI -81848
Discussion and Approval by Hidalgo County Drainage District No. 1 of Resolution recognizing the necessity of acquiring easements or rights of way or fee title in connection with the construction of the Mission-McAllen Rado Alternate 2018 Bond No. 25 Project in Hidalgo County, Texas and authorizing the acquisition of said easements or rights of way or fee title described in the Resolution and exhibits thereto by condemnation(eminent domain)or otherwise. Single vote shall apply to all units of property described in said Resolution.
 
K.
AI -81662
Requesting approval of the final negotiated Professional Services Contract No. C-HCDD1-21-030-07-27,  with George J. Salazar II, d/b/a Appraisal Haus, as it relates to Real Estate Appraisal Services (on call on as needed basis) for Hidalgo County Drainage District No. 1 Projects, as approved for negotiations by HCDD1 Board of Directors on June 15, 2021, agenda Item # 81176.  (Subject to Legal Review and compliance to HB1295) 
 
L.
AI -81842
Requesting approval of the second addendum to the Interlocal Agreement by and between Hidalgo County Drainage District No.1 and Hidalgo County Irrigation District No. 16, previously approved on February 09, 2021; Agenda Item No. 79467, subject to final legal review.
 
6.
2018 Bond Referendum Projects:
 
A.
AI -81753
Acceptance and approval of Work Authorization No. 1 in the amount of $133,067.38 as submitted by B2Z Engineering, LLC, through Contract No. C-HCDD1-21-026-06-01 to provide Construction Material Testing Services, Construction Management and Inspection for, "Mission-McAllen Rado Alternate Ph I -2018 Bond Referendum Project #25." (Subject to Legal Review)
 
B.
AI -81765
Acceptance and approval of Work Authorization No. 2 in the amount of $112,456.55 as submitted by B2Z Engineering, LLC, through Contract No. C-HCDD1-21-026-06-01 to provide Construction Material Testing Services, Construction Management and Inspection for, "Mission Lateral Phase III -2018 bond Project #26 (Proposed Widening of Ditch From Bentsen Palm Drive to the West of Wagon city Subdivision)." (Subject to Legal Review)
 
C.
AI -81777
1.  Requesting approval of Supplemental Agreement No. 3 to the Professional Engineering Services Contract (C-HCDD1-19-040-05-21), with TEDSI Infrastructure Group, Inc., for the project: "J-08 Drain -2018 Bond Referendum Project #15-A", to reflect a revised period of services to end on January 31, 2023. (subject to Legal review and compliance with HB1295).

2.  Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-040-05-21), with TEDSI Infrastructure Group, Inc., for the project: "J-08 Drain -2018 Bond Referendum Project #15-A", to reflect a revised period of service to end on January 31, 2023. (subject Legal review and compliance with HB1295).

3. Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 2 of the Professional Engineering Services Contract (C-HCDD1-19-040-05-21), with TEDSI Infrastructure Group, Inc., for the project, "J-08 Drain-2018 Referendum Project #15-A," to reflect a revised period of service to end on January 31, 2023. 
 
D.
AI -81836
1. Requesting approval to accept bids and award a construction contract to the lowest and best bidder meeting all specified requirements, Gonzalez Engineering & Management, LLC , in the amount of $2,112,581.00 for RFB No. HCDD1-21-023-07-07-MSS, "Mission-McAllen Rado Alternate-Phase I -2018 Bond Referendum Project #25," and as recommended by project engineer, B2Z Engineering, LLC (subject to Legal Review and Compliance with HB1295).

2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor." 
 
E.
AI -81792
1. Requesting approval to accept bids and award a construction contract to the lowest and best bidder meeting all specified requirements, Saenz Brothers Construction , LLC , in the amount of $2,398,381.00 for RFB No. HCDD1-21-027-07-14, "Mission Lateral Phase III (Proposed Widening of Ditch from Bentsen Palm Drive to the West of Wagon City 2 Subdivision)-2018 Bond Referendum Project #26," and as recommended by project engineer, L&G Engineering (subject to Legal Review and Compliance with HB1295).

2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor." 
 
F.
AI -81807
1. Requesting approval to accept CSP response and award a negotiated construction contract to the highest ranked Contractor meeting all specified requirements, RDH Site & Concrete, LLC  for CSP  No. HCDD1-21-024-06-16 "J-08 Drain - McColl Rd. Culvert Crossing-2018 Bond Referendum Project #15," in the amount of $166,072.00 as approved for negotiations by the Board of Directors on Agenda Item No. 81324  on June 25, 2021. (Subject to Legal review and Compliance with HB1295). 

2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve and increase or decrease in cost of $50,000 or LESS and in no event to exceed the Change Order's statutory limits.  The original contract price may not be decreased by 18% or more without consent of the contractor.
 
G.
AI -81820
Malone Drive & Pomelo Rd - Budget 518
1. Approval of Application for Payment No. 4 in the amount of $4,063.50 to Venser Contractors, LLC pertaining to construction contract HCDD1-20-043-09-15. Project Engineer Guzman & Munoz Engineering PO#641036
2. Accepance of Certificate of Substantial Completion from Venser Contractors, LLC pertaining to construction contract HCDD1-20-043-09-15 Malone Drive & Pomelo Road.
3. Approval of Application for Payment No. 5 in the amount of $33,471.78 from Venser Contractors, LLC pertaining to construction contract HCDD1-20-043-09-15. Project Engineer Guzman & Munoz Engineering PO#641036

Mile 9N & FM 1015 - Budget 524
2. Approval of Application for Payment No. 2 in the amount of $62,505 to Mor-Will, LLC pertaining to construction contract HCDD1-20-065-11-18. Project Engineer Halff & Associates PO#641649
 
 
7.
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -81828
PSJA Lateral - Budget 305
1. Approval of Application for Payment No. 2 in the amount of $220,071.60 from Saenz Brothers Construction pertaining to contract HCDD1-20-063-11-12. Project Engineer Javier Hinojosa Engineering  PO#641494

Delta Area Watershed Development - Budget 360
2. Approval of Application for Payment No. 4 in the amount of $199,029.60 from Saenz Brothers Construction pertaining to contract HCDD1-20-038-09-08. Project Engineer Jose Noe Saldivar PE PO#640783
 
8.
TCEQ Raymondville Drain Project Phase 2:
 
A.
AI -81817
Raymondville Drain - Fund 130 Budget 010 TWDB Funds
Requesting approval to pay $116,274.32 to Hidalgo County Precinct No.4 for construction of the Raymondville Drain for the following pay periods:
 
Pay Period Dates Amount
9 04/12-04/25 $53,567.25
10 04/26 - 05/09 $31,290.70
11 05/10 - 05/23 $8,169.88
12 05/24 - 06/06 $23,246.49

 
 
9.
Closed Session:
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following:
 
A.
Real Property (Tex. Gov't. Code 551.072)
 
B.
Personnel Matters (Tex. Gov't. Code 551.074)
 
C.
Consultation with Attorney Regarding:
a) Pending or Contemplated Litigation: b) a Settlement Offer: or c) a Matter in Which the Duty of the Attorney to the Hidalgo County Drainage District No. 1 under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas Clearly Conflicts with Chapter 551 of the Texas Government Code (Tex. Gov't. Code 551.071)
 
1.
AI -81831
Consultation with Legal Counsel regarding Hidalgo County Drainage District No. 1 vs Godfrey Garza et al, Cause No. C--0373-17-E, pending in the 275 District Court of Hidalgo County, Texas
 
10.
Open Session:
 
A.
Possible Action of Real Estate Acquisition
 
B.
Possible Action on Pending and/or Potential Litigation
 
11.
Adjourn