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AGENDA DRAINAGE DISTRICT BOARD OF DIRECTORS MARCH 8, 2022 9:30 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 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 551.127, NOTICE is hereby given that a physical quorum, including the presiding officer/member, will be present at the specified meeting location. Some members of the governing body and/or government officials may participate via videoconference.
Members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive
1.
Roll Call
2.
Prayer
3.
Open Forum
4.
Approval of Consent Agenda
5.
General Operations:
A.
AI -84987
Requesting approval to execute Amendment No. 1 between Hidalgo County Drainage District No. 1 and Gregory Strategies, LLC for consulting services to Seek Grant Funding for Hidalgo County Drainage District No.1 [C-HCDD1-21-016-03-16].
B.
AI -84809
Requesting approval to recind action taken by HCDD1 Board of Directors on December 14, 2021, Agenda Item 5.B.1, 2 (AI-83800) for the approval of the Consent to Assignment from Arguindegui Oil Co. II, Ltd. to Offen Petroleum, LLC., in connection with the Amendment to the Requirements Agreement C-HCDD1-21-041A-11-16.
C.
AI -84942
Requesting approval of Interlocal Cooperation Agreement between Hidalgo County Drainage District No. 1 and Sharyland Independent School District as it relates to the 2018 Bond Project - 25 Mission-McAllen Rado Alternate.
D.
AI -84818
1. Requesting approval to execute Auctioneer Service Agreement with Big D Tractor Co. LLC through the District's membership with PCA Cooperative, awarded Contract No. PCA OD-328-20, under its subcontractor Machinery Auctioneers South
(Subject to Legal Review).
2. Requesting approval to declare surplus on the listed items attached herein (including i.e. vehicle units, heavy equipment, Tractors/Shredders, General Miscellaneous Property), for the purpose of sale through auction in accordance with Texas Local Government Code 263.152 (a) (1).
3. Requesting authority to publish advertisements for the Auction of Surplus Items scheduled to be held on March 29 & 30
(Subject to Legal Review).
2. Requesting approval to declare surplus on the listed items attached herein (including i.e. vehicle units, heavy equipment, Tractors/Shredders, General Miscellaneous Property), for the purpose of sale through auction in accordance with Texas Local Government Code 263.152 (a) (1).
4. Requesting authority to remove assets on the listed items attached herein from the Hidalgo County Drainage District No. 1 inventory list after finalizing the auction sale; and, in the event "NO BIDS" received:
E.
AI -84860
Requesting approval to accept the Professional Consulting & Web Hosting Services Agreement with EzTask.com, Inc., as it relates to Web Design & Development for Hidalgo County Drainage District No. 1, through the District's membership with TIPS Cooperative, awarded Contract No. 190701 with authority for the HCDD1 General Manager or his designee to sign the agreement. (Subject to final legal review and compliance with HB-1295).
F.
AI -84958
1. Requesting approval to accept CSP response and award a negotiated Construction Contract to the highest ranked Contractor meeting all specified requirements, Clore Equipment, LLC, for CSP No. HCDD1-22-001-12-22-MSS, "Alamo Expressway Drain Extension Improvements(1/4 Mile South of Moore Road to Interstate 2)," in the amount of $804,994.04, as approved for negotiations by the Board of Directors - Agenda Item No. 84558 on 2/08/22. (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.
G.
AI -84975
Pursuant to TxLGC 263.151 (1) Requesting approval to declare "salvage" and remove asset number 655, 2016 Ford F250 Single Cab Long Bed, from the District's inventory due to accident.
H.
AI -84797
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Chapter 262.024 (a)(7) (A)-"items for which competition is precluded because of existence of patents, copyrights, secret process or monopolies" in connection with Invarion Inc., for Software Licenses, Updates/Upgrades, Maintenance, and Technical Support.
2. Approval of "Sole Source Declaration" for Invarion Inc., and the execution of the End User License Agreement (EULA), for the purchase of Rapid Plan Software Licenses, Updates/Upgrades, Maintenance, and Technical Support, with the amount of $2,199.00, for the initial license and $799, annual renewal thereafter for as long as HCDD1 possess the software with Sole Source declaration to remain in effect unless otherwise revoked by the HCDD1 Board of Directors. (Subject to Legal Review).
2. Approval of "Sole Source Declaration" for Invarion Inc., and the execution of the End User License Agreement (EULA), for the purchase of Rapid Plan Software Licenses, Updates/Upgrades, Maintenance, and Technical Support, with the amount of $2,199.00, for the initial license and $799, annual renewal thereafter for as long as HCDD1 possess the software with Sole Source declaration to remain in effect unless otherwise revoked by the HCDD1 Board of Directors. (Subject to Legal Review).
I.
AI -84948
Acceptance and approval of pre-qualified firms submitting "Statements of Qualifications" for the establishment of a "Pool" for engagement through statutory and local protocol (i.e. nomination, evaluation/grading/scoring, presentation to the Board for ranking, and authority for negotiations for final agreements, etc.) on an "As Needed Basis" per project by Hidalgo County Drainage District No. 1, requiring said services as set forth in the requirements stated in the Request for Qualifications packet for the following listed Professional Services:
1. Engineering Services (HCDD1-22-005-02-02);
2. Surveying Services (HCDD1-22-006-02-02);
with effective date of "Approved Pools" for a period of one (1) year, commencing March 12, 2022.
1. Engineering Services (HCDD1-22-005-02-02);
2. Surveying Services (HCDD1-22-006-02-02);
with effective date of "Approved Pools" for a period of one (1) year, commencing March 12, 2022.
J.
AI -84982
Acceptance and approval of Work Authorization No. 8 in the amount of $526,167.39 as submitted by B2Z Engineering, LLC, through Contract No. C-HCDD1-21-026-06-01 to provide Construction Material Testing, Geo-Technical, Construction Management and Inspection for,"Various Projects: B&G Club RDF;South Lateral RDF, Hidalgo Drain, and State Highway 365 Outfalls.
K.
AI -84986
| 1. Approval of payment of Invoice 25-26 2021RS in the amount of $48,324.18 from Hidalgo County Precinct 4, for reimbursement of Equipment and Labor Force for Pay Periods 25-26 of 2021. | |||||
| 2. Approval of payment of Invoices 01-02 2022 RD, for $ 71,074.15 and Invoice 02-2022 SM from Hidalgo County Precinct # 4 for reimbursement of Equipment and Labor Force for Pay Periods 1-2 of 2022 |
6.
2018 Bond Referendum Projects:
A.
AI -84936
Requesting approval of closing documents for Parcel 10A-9 as it relates to Project 10A of the 2018 Drainage Bond Program - East Mercedes and authority for the Chairman of the Board to execute documents, subject to final legal review.
B.
AI -84971
J-08 Drain - Budget 515
Requesting approval to issue payment on award to three (3) special commissioners in the amount of $2,500.00 each pertaining to condemnation proceedings for Cause No.: CCD-0630-H Parcel 8 Rebecca Jean Salinas
Requesting approval to issue payment on award to three (3) special commissioners in the amount of $2,500.00 each pertaining to condemnation proceedings for Cause No.: CCD-0630-H Parcel 8 Rebecca Jean Salinas
C.
AI -84966
Mission Lateral - Budget 526
1. Requesting approval of Application for Payment No. 9 in the amount of $110,799.00 from H&R Lease Service, LLC pertaining to Mission Lateral II, Construction Contract C-HCDD1-20-042-09-08. Project Engineer: L&G Engineering PO#640759-21
PD Lateral Phase II - Budget 529
2. Requesting approval of Application for Payment No. 8 in the amount of $123,612.03 from Mor-Wil, LLC pertaining to PD Lateral Phase II Construction Contract C-HCDD1-20-029-06-23. Project Engineer: Izaguirre Engineering Group PO#640212
South Lateral Drain - Budget 534
3. Requesting approval of Application for Payment No. 11 in the amount of $56,430.00 for Castle Enterprises pertaining to South Lateral Drain Construction Contract C-HCDD1-20-009-07-07. Project Engineer: L&G Engineering PO#640528
1. Requesting approval of Application for Payment No. 9 in the amount of $110,799.00 from H&R Lease Service, LLC pertaining to Mission Lateral II, Construction Contract C-HCDD1-20-042-09-08. Project Engineer: L&G Engineering PO#640759-21
PD Lateral Phase II - Budget 529
2. Requesting approval of Application for Payment No. 8 in the amount of $123,612.03 from Mor-Wil, LLC pertaining to PD Lateral Phase II Construction Contract C-HCDD1-20-029-06-23. Project Engineer: Izaguirre Engineering Group PO#640212
South Lateral Drain - Budget 534
3. Requesting approval of Application for Payment No. 11 in the amount of $56,430.00 for Castle Enterprises pertaining to South Lateral Drain Construction Contract C-HCDD1-20-009-07-07. Project Engineer: L&G Engineering PO#640528
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -84965
Mission Inlet - Budget 020
1. Requesting approval of Application for Payment No. 8 in the amount of $47,485.12 from Castle Enterprises as it pertains to Mission Inlet Construction Contract C-HCDD1-20-002-02-11. Project Engineer-L&G Engineering PO#639479
Weslaco Drain - Budget 335
2. Requesting approval of Application for Payment No. 3 in the amount of $100,077.53 from Castle Enterprises as it pertains to Weslaco Drain Construction Contract C-HCDD1-21-017-06-1. Project Engineer-HCDD1 Omar Anzaldua Jr, PE.
FM 495 & Donna Lateral - Budget 370
3. Requesting acceptance and approval of Certificate of Substantial Completion and Certificate of Construction Completion from Venser Contractors, LLC pertaining to FM 495 & Donna Lateral Construction Contract C-HCDD1-18-049-09-25.
4. Requesting approval of Application for Payment No. 5-Retainage plus interest for a total amount of $33,180.04 from Venser Contractors, LLC pertaining to FM 495 & Donna Lateral construction contract C-HCDD1-18-049-09-25. Project Engineer-HCDD1 Raul E. Sesin, PE, CFM
1. Requesting approval of Application for Payment No. 8 in the amount of $47,485.12 from Castle Enterprises as it pertains to Mission Inlet Construction Contract C-HCDD1-20-002-02-11. Project Engineer-L&G Engineering PO#639479
Weslaco Drain - Budget 335
2. Requesting approval of Application for Payment No. 3 in the amount of $100,077.53 from Castle Enterprises as it pertains to Weslaco Drain Construction Contract C-HCDD1-21-017-06-1. Project Engineer-HCDD1 Omar Anzaldua Jr, PE.
FM 495 & Donna Lateral - Budget 370
3. Requesting acceptance and approval of Certificate of Substantial Completion and Certificate of Construction Completion from Venser Contractors, LLC pertaining to FM 495 & Donna Lateral Construction Contract C-HCDD1-18-049-09-25.
4. Requesting approval of Application for Payment No. 5-Retainage plus interest for a total amount of $33,180.04 from Venser Contractors, LLC pertaining to FM 495 & Donna Lateral construction contract C-HCDD1-18-049-09-25. Project Engineer-HCDD1 Raul E. Sesin, PE, CFM
8.
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)
9.
Open Session:
A.
Possible Action of Real Estate Acquisition
B.
Possible Action on Pending and/or Potential Litigation
10.
Adjourn