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AGENDA DRAINAGE DISTRICT BOARD OF DIRECTORS November 2, 2021 9:15 A.M. |
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NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Drainage District #1 Board of Directors will be held in the Commissioners Courtroom of the Courthouse Annex III 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 §551.071(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 -83212
Discussion and update as it relates to the Lower Rio Grande Flood Planning Group Region 15 and the proposed amendments to the Region 15 Bylaws.
B.
AI -83210
Discussion, consideration, and possible action regarding Hidalgo County Drainage District No.1 submission of request for Non-Financial Direct Technical Assistance for FEMA Building Resilient Infrastructure and Communities ("BRIC") Program. (Subject to final legal review)
C.
AI -83190
Requesting approval of Inter Local Agreement by and between the Hidalgo County Drainage District No.1, Hidalgo County Pct. 3 and the City of Mission as it relates to Tierra Dorada Drainage Improvement Project. (Subject to final legal review)
D.
AI -83203
Requesting approval of Inter Local Agreement by and between the Hidalgo County Drainage District No.1, Hidalgo County Pct. 3 and the City of Alton as it relates to Glasscock Rd. Mile 4 to Mile 5 Area Drainage Improvements Project. (Subject to final legal review)
E.
AI -83191
1.) Requesting approval of Inter Local Agreement by and between the Hidalgo County Drainage District No.1 and Hidalgo and Cameron Counties Irrigation District No.9 as it relates to the sell of (2) Drainage District owned New Holland TS6-130 Tractors with 30' Alamo Boom Mowers. (Subject to final legal review)
2.) Pursuant to the Boards approval, Requesting approval to remove the following from the District's asset list:
Serial No. Asset # Description
NT00223M 1846-16 2016 New Holland TS6-130 Tractor w/30' Boom Mower
NT00224M 1847-16 2016 New Holland TS6-130 Tractor w/30' Boom Mower
2.) Pursuant to the Boards approval, Requesting approval to remove the following from the District's asset list:
Serial No. Asset # Description
NT00223M 1846-16 2016 New Holland TS6-130 Tractor w/30' Boom Mower
NT00224M 1847-16 2016 New Holland TS6-130 Tractor w/30' Boom Mower
F.
AI -83196
1.) Requesting authorization to negotiate Professional Legal Services Agreement with Caso Law Firm, PLLC as it relates to Legal Services for condemnation matters on an as needed basis as per Texas Water Code Section 49.057 (d).
2.) Requesting authorization to negotiate Professional Legal Services Agreement with Perez Law Firm as it relates to Legal Services for condemnation matters on an as needed basis as per Texas Water Code Section 49.057 (d).
2.) Requesting authorization to negotiate Professional Legal Services Agreement with Perez Law Firm as it relates to Legal Services for condemnation matters on an as needed basis as per Texas Water Code Section 49.057 (d).
G.
AI -83221
1. Requesting approval to accept CSP response and award a negotiated Construction Contract to the highest ranked Contractor meeting all specified requirements, Saenz Brothers Construction LLC, for CSP No. HCDD1-21-044-11-02 "San Carlos-83rd St. - 87th St. Drainage Improvements Outfall," in the amount not to exceed $655,547.00 as approved for negotiations by the Board of Directors on Agenda Item No. 82632 on October 5, 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.
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.
H.
AI -83182
Acceptance and approval of Work Authorization No. 7 in the amount of $64,111.93 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, "K-07-02 Drainage Improvements Outfall." (Subject to Legal Review)
I.
AI -83175
1. Requesting approval of Supplemental No. 1 to the Construction Material Testing Services contract (C-HCDD1-21-020-05-25) with Raba Kistner, Inc., for Hidalgo County Drainage District No. 1 Projects, to include Geo Technical Services Rates to Exhibit "C"- (subject to Legal Review).
2. Acceptance and approval of Work Authorization No. 1 in the amount of $19,250.00 as submitted by Raba Kistner, Inc., through Contract No. C-HCDD1-21-020-05-25 to provide Geo Technical and Construction Material Testing Services, "USIBWC Ditch 18B Drainage Improvements." (Subject to Legal Review)
3. Acceptance and approval of Work Authorization No. 2 in the amount of $18,975.00 as submitted by Raba Kistner, Inc. through Contract No. C-HCDD1-21-020-05-25 to provide Geo-Technical and Construction Material Testing Services, " Ditch 2 Gate Structure Improvements."
2. Acceptance and approval of Work Authorization No. 1 in the amount of $19,250.00 as submitted by Raba Kistner, Inc., through Contract No. C-HCDD1-21-020-05-25 to provide Geo Technical and Construction Material Testing Services, "USIBWC Ditch 18B Drainage Improvements." (Subject to Legal Review)
3. Acceptance and approval of Work Authorization No. 2 in the amount of $18,975.00 as submitted by Raba Kistner, Inc. through Contract No. C-HCDD1-21-020-05-25 to provide Geo-Technical and Construction Material Testing Services, " Ditch 2 Gate Structure Improvements."
J.
AI -83060
Requesting approval to purchase one (1) Skid Steer T76 T4 Bobcat Compact Track Loader from Clark Equipment Co., dba Bobcat Company through the Hidalgo County Drainage District No. 1 membership/participation with BuyBoard awarded Contract No. 597-19, for the total amount of $61,144.88.
(Subject to compliance with HB-1295).
(Subject to compliance with HB-1295).
6.
2018 Bond Referendum Projects:
A.
AI -83161
Requesting authority to advertise and approval of RFB packet (requirements, specifications and plans) developed by Project Engineer, B2Z Engineering, LLC, for the project, "Mission-McAllen Rado Alternate-Phase II-2018 Bond Referendum Project #25" -RFB No. HCDD1-21-053-00-00-RFV, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required.
B.
AI -83195
1. Requesting approval of
Supplemental Agreement No. 3 to the Professional Engineering Services Contract (C-HCDD1-19-042-08-13), with Izaguirre Engineering Group, LLC, for the project:
"Sunflower Drain - 2018 Bond Referendum Project #36", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of
May 15, 2022, (subject to Legal review and compliance with HB1295).
2. Requesting approval of Supplemental Agreement No. 3 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-042-08-13), with Izaguirre Engineering Group, LLC, for the project: "Sunflower Drain - 2018 Bond Referendum Project #36", to reflect a revised period of service to end on May 15 , 2022, (subject Legal review and compliance with HB1295).
2. Requesting approval of Supplemental Agreement No. 3 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-042-08-13), with Izaguirre Engineering Group, LLC, for the project: "Sunflower Drain - 2018 Bond Referendum Project #36", to reflect a revised period of service to end on May 15 , 2022, (subject Legal review and compliance with HB1295).
C.
AI -83199
Hidalgo Drain - Budget 513
1. Approval of Certificate of Substantial Completion and Certificate of Construction Completion from Mor-Wil, LLC, pertaining to Construction Contract No. HCDD1-20-001-02-11 Hidalgo Drain.
2. Approval of Application for Payment Retainage in the amount of $49,471.86 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-001-02-11 Hidalgo Drain.
J-08 Drain - Budget 515
3. Approval of Application for Payment No. 1 in the amount of $120,555.00 from RDH Site & Concrete, LLC pertaining to construction contract HCDD1-21-024-07-27. Project Engineer HCDD1 PO#642615
Mile 9 N & FM 1015 - Budget 524
4. Approval of Application for Payment No. 9 in the amount of $253,275.95 from Mor-Wil, LLC pertaining to construction contract HCDD1-20-039-08-25. Project Engineer Halff Associates PO#640715
1. Approval of Certificate of Substantial Completion and Certificate of Construction Completion from Mor-Wil, LLC, pertaining to Construction Contract No. HCDD1-20-001-02-11 Hidalgo Drain.
2. Approval of Application for Payment Retainage in the amount of $49,471.86 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-001-02-11 Hidalgo Drain.
J-08 Drain - Budget 515
3. Approval of Application for Payment No. 1 in the amount of $120,555.00 from RDH Site & Concrete, LLC pertaining to construction contract HCDD1-21-024-07-27. Project Engineer HCDD1 PO#642615
Mile 9 N & FM 1015 - Budget 524
4. Approval of Application for Payment No. 9 in the amount of $253,275.95 from Mor-Wil, LLC pertaining to construction contract HCDD1-20-039-08-25. Project Engineer Halff Associates PO#640715
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -83204
Delta Area Watershed Development - Budget 360
Approval of Application for Payment No. 5 in the amount of $42,256.80 from Saenz Brothers Construction, LLC, pertaining to Construction Contract HCDD1-20-038-09-08. Project Engineer HCDD1 PO#640783
Approval of Application for Payment No. 5 in the amount of $42,256.80 from Saenz Brothers Construction, LLC, pertaining to Construction Contract HCDD1-20-038-09-08. Project Engineer HCDD1 PO#640783
8.
Human Resources:
A.
AI -83219
1. Approval of the following personnel actions, effective upon District Board approval:
2. Approval to revise the Classified Position List to add new position Assistant District General Manager and to delete Engineer III and Right of Way Agent.
3. Approval to exempt the Assistant District General Manager from the Classification and Compensation Plan.
4. Approval of revised salary schedule for the above action items.
| Action | Slot No. | Current Position | Current Grade | Proposed Salary |
| Delete Position | 41 | Right of Way Agent | 15 | $0.00 |
| Delete Position | 5 | Engineer III | 20 | $0.00 |
| Create Position | 5 | Assistant District General Manager | N/A | $175,000.00 |
2. Approval to revise the Classified Position List to add new position Assistant District General Manager and to delete Engineer III and Right of Way Agent.
3. Approval to exempt the Assistant District General Manager from the Classification and Compensation Plan.
4. Approval of revised salary schedule for the above action items.
9.
Right of Way Acquisitions:
A.
AI -83226
Requesting approval to execute a Real Property Trade Agreement with David Torres and Elesvia M. Torres as authorized under Texas Local Government Code §272.001. and authorize the chairman of the board to execute all closing documents, subject to final legal review.
B.
AI -83207
Discussion and possible action to accept quitclaim deed from Diana L. Izaguirre for The South 234.0 feet Drainage Pond area of Lot 28, La Homa Meadows Phase II, Hidalgo County, Texas according to the Map or Plat thereof recorded in Volume 28, Page 48B, Map Records of Hidalgo County, Texas.
C.
AI -83208
Requesting approval of Interlocal Cooperation Agreement with Hidalgo County Irrigation District No. 1 as it relates to the La Joya Watershed project, subject to final legal review.
10.
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:
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)
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 -83228
Consultation with legal counsel regarding CCD-0593-F, Hidalgo County Drainage District No. 1. Vs. Santa Cruz Irrigation District No. 15
2.
AI -83224
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.
3.
AI -83225
Consultation with legal counsel regarding legal issues related to depository agreement.
11.
Open Session:
A.
Possible Action of Real Estate Acquisition
B.
Possible Action on Pending and/or Potential Litigation
1.
AI -83213
Consultation with legal counsel regarding CCD-0593-F, Hidalgo County Drainage District No. 1. Vs. Santa Cruz Irrigation District No. 15
2.
AI -83234
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.
3.
AI -83235
Consultation with legal counsel regarding legal issues related to depository agreement.
12.
Adjourn