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Agenda for DD-REGULAR AGENDA SPECIAL MTG

   
AGENDA
DRAINAGE DISTRICT
BOARD OF DIRECTORS
OCTOBER 31, 2023
9:30 A.M.
 

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 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 -93016
Vendor Direct Deposit Payments
1. Requesting approval to process vendor payments via ACH Direct Deposit
2. Requesting approval of the "Authorization For Vendor Direct Deposit" and "Financial Institution Verification" forms. 
3. Requesting approval to establish ACH limits by Bank Account: General Fund $5 Million, Special Revenue $2 Million, Capital Projects $15 million, Debt Service $1 Million, and Payroll $1 Million.
4. Approval of the HCDD1 ACH Procedures and establish that direct deposit file will be uploaded to the bank after Board of Directors meetings. 
 
B.
AI -93021
1. Requesting authority to exercise the Sixty (60) Day Grace Period extension for "Fuel-Gasoline & Diesel (On & Off Highway)" with Gold Star Petroleum Inc., (Contract No.: C-HCDD1-21-042-09-07), under the same rates, terms and conditions for the completion of the procurement process to award of a new contract.

2. Requesting authority to advertise and approval of the procurement packet (i.e., legal notice specifications, draft contract, etc., ) for ''Fuel-Gasoline and Diesel (On & Off Highway)'', RFB No. HCDD1-23-070-10-31-AG, including the re-advertisement of the project in the event the bids are rejected or no bids are received & project is till required.
 
C.
AI -93087
1. Requesting approval to seek bid bond claim against Go Underground, LLC, for the project ''Glasscock Rd From Mile 4 Rd to Mile 5 Rd Storm Water Management'', RFB No. HCDD1-23-051-09-27-ESZ  awarded to Go Underground.
 
2. Subject to the bid bond claim against Go Underground, LLC, requesting approval to accept bids and award a Construction Contract to the next lowest and most responsive bidder, Saenz Brothers Construction in the amount of $2,317,049.00 for the project ''Glasscock Rd From Mile 4 Rd to Mile 5 Rd Storm Water Management'', RFB No. HCDD1-23-051-09-27-ESZ as recommended by Project Engineer, J&R Engineering, LLC (subject to Legal Review and Compliance with HB1295).
 
3. Pursuant to TXLGC 262.031 (b), 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.
 
D.
AI -93083
Requesting approval for an Interlocal Agreement with the Hidalgo County Regional Mobility Authority (hcrma) as it relates to the SH365 project, subject to final legal review.
 
E.
AI -93082
Requesting approval for entering an Agreement for Possession and use for 4 Meat Exports LLC as it pertains to our HCRMA 365 Outfall OD-7E, and authority for the Chairman of the Board to execute documents, pending final legal review.
 
F.
AI -93081
1. Acceptance of donation deed from Tully A. Mayer Limited Partnership as it pertains to a 3.21 tract of land out of Lot 2 Block 12 of the AJ McColl Subdivision for the South Lateral Drainage Ditch, and authority for the Chairman of the Board to execute documents.

2. Approval of Release of Easement as it pertains to a 2.85-acre tract of Land out of Lot 2 Block 12 of the AJ McColl Subdivision for the South Lateral Drainage Ditch, and authority for the Chairman of the Board to execute documents.
 
6.
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -93076
Weslaco Drain - Budget 335
Approval of Application for Payment No. 3 in the amount of $62,697.96 from Mor-Wil, LLC pertaining to construction contract No. C-HCDD1-21-017-R-05-02 Weslaco Drain Additional Box. Project Engineer: Omar Anzaldua, Jr. PE, CFM PO#647867
 
7.
2018 Bond Referendum Projects:
 
A.
AI -93072
Requesting approval of Change Order No. 2 reflecting an increase in the amount of $119,907.12 and additional 40 construction calendar days for ''South Lateral Drain -IBWC No. 23AL -2018 Bond Referendum Project No. 34''; (C-HCDD1-22-033-07-12) with Mor Wil, LLC., as recommended by Project Engineer, Yvette Barrera, P.E., CFM.
 
B.
AI -92947
Requesting approval of closing documents for Parcel 23-14 as it relates to Project 23 of the 2018 Drainage Bond Program - Mile 11 N & Texas Blvd Project and authority for the Chairman of the Board to execute documents, pending final legal review
 
C.
AI -93075
Y Drain Phase I - Budget 010
1. Approval of Application for Payment No. 2 in the amount of $78,924.10 from Mor-Wil, LLC pertaining to construction contract No. HCDD1-21-050-R-05-30 Y Drain Phase I. Project Engineer: Omar Anzaldua, Jr, PE, CFM PO#647998

East Mercedes - Budget 510
2. Approval of Application for Payment No. 7 in the amount of $8,831.06 from RBM Contractors pertaining to construction contract No. HCDD1-22-051-01-17 East Mercedes. Project Engineer: Yvette Barrera, PE, CFM PO#647299

Faysville Drain - Budget 511
3. Approval of Application for Payment No. 3 in the amount of $83,433.44 from RDH pertaining to construction contract No. HCDD1-21-047-11-30 Faysville Drain Improvements. Project Engineer: KCI Engineering PO#645349

Highway 281 & FM 88 - Budget 514
4. Approval of Application for Payment No. 9 in the amount of $33,480.00 from Go Underground  pertaining to construction contract No. HCDD1-22-019-04-20 Highway 281 & FM 88. Project Engineer Cruz-Hogan Engineering PO#646340

Mile 10 N & Baseline - Budget 520
5. Approval of Application for Payment No. 2 in the amount of $38,450.01 from RBM Contractors pertaining to construction contract No. HCDD1-23-014-04-26 Mile 10 N & Baseline. Project Engineer: Quintanilla Headley Associates PO#648064

Mission-McAllen Rado Ph II - Budget 525 
6. Approval of Application for Payment No. 6 in the amount of $23,494.26 from Texas Cordia Construction pertaining to construction contract No. HCDD1-22-003-02-22 Mission-McAllen Rado Ph II. Project Engineer: B2Z Engineering PO#645638
 
8.
2023 Bond Referendum Projects:
 
A.
AI -93066
1. Requesting approval to accept bids and award a Construction Contract to the lowest and most responsive bidder, RG Enterprises, LLC, in the amount of $6,785,156.16 for the project ''South Main Channel Improvements Phase I -2023 Bond Project 3'', RFB No. HCDD1-23-053-10-25-ESZ as recommended by Project Engineer, Omar Anzaldua, Jr., P.E., CFM, District Asst. General Manager (subject to Legal Review and Compliance with HB1295).

2. Pursuant to TXLGC 262.031 (b), 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.
 
B.
AI -93005
1. Requesting approval of the final negotiated Professional Engineering Services Agreement with L&G Consulting Engineers, Inc. dba L&G Engineering in connection to the "Alternate Rado Drain – 2023 Bond Referendum Project No. 11", Contract No. C-HCDD1-23-065-10-31 as approved for negotiations on 09/05/2023, AI-92348 (subject to final legal review).
 
2. Acceptance and approval of Work Authorization No. 1 in the amount of $317,136.00 as submitted by L&G Consulting Engineers, Inc. dba L&G Engineering through Contract No. C-HCDD1-23-065-10-31 to provide Professional Engineering Services for  "Alternate Rado Drain – 2023 Bond Referendum Project No. 11" (subject to final legal review).
 
 
 
C.
AI -93008
1. Requesting approval of the final negotiated Professional Engineering Services Agreement with B2Z Engineering, LLC in connection with "West Main Drain III Extension Phase 4 - 2023 Bond Referendum Project No. 14", Contract No. C-HCDD1-23-068-10-31 as approved for negotiations on 09/05/23, AI 92351 (subject to final and legal review).

2. Acceptance and approval of Work Authorization No. 1 in the amount of $122,383.31 as submitted by B2Z Engineering, LLC to provide Professional Engineering Services for "West Main Drain III Extension Phase 4 - 2023 Bond Referendum Project No. 14", Contract No. C-HCDD1-23-068-10-31 to provide Professional Engineering Services for "West Main Drain III Extension Phase 4 - 2023 Bond Referendum Project No. 14" (subject to final and legal review).
 
D.
AI -93007
1. Requesting approval of the final negotiated Professional Engineering Services Agreement with B2Z Engineering, LLC in connection with the "Mission McAllen Drain Phase 2 - 2023 Bond Referendum Project No. 12", Contract No. C-HCDD1-23-066-10-31 as approved for negotiations on 09/05/23, AI 92428 (subject to final legal review).

2. Acceptance and approval of Work Authorization No. 1 in the amount of $172,105.48 as submitted by B2Z Engineering, LLC through Contract No. C-HCDD1-23-066-10-31 to provide Professional Engineering Services for "Mission McAllen Drain Phase 2 - 2023 Bond Referendum Project No. 12" (subject to final legal review).
 
E.
AI -93006
1. Requesting approval of the final negotiated Professional Engineering Services Agreement with L&G Consulting Engineers, Inc. dba L&G Engineering in connection with the "West Main Drain III Extension Phase 1 - 2023 Bond Referendum Project No. 14", Contract No. C-HCDD1-23-067-10-31 as approved for negotiations on 09/05/23, AI 92348 (subject to final legal review).

2. Acceptance and approval of Work Authorization No. 1 in the amount of $208,317.00 as submitted by L&G Consulting Engineers, Inc. dba L&G Engineering through Contract No. C-HCDD1-23-067-10-31 to provide Professional Engineering Services for "West Main Drain III Extension Phase 1 - 2023 Bond Referendum Project No. 14" (subject to final legal review).
 
F.
AI -93051
1. Requesting approval of the final negotiated Professional Engineering Services Agreement with SAMES, Inc. in connection with the "Mission McAllen Drain Phase 3 - 2023 Bond Referendum Project No. 12", Contract No. C-HCDD1-23-071-10-31 as approved for negotiations on 09/19/23, AI 92501 (subject to final legal review).
 
2. Acceptance and approval of Work Authorization No. 1 in the amount of $173,401.47 as submitted by SAMES, Inc. through Contract No. C-HCDD1-23-071-10-31 to provide Professional Engineering Services for "Mission McAllen Drain Phase 3 - 2023 Bond Referendum Project No. 12" (subject to final legal review).
 
G.
AI -93010
1. Requesting approval of the final negotiated Professional Engineering Services Agreement with Quintanilla, Headley & Associates in connection with the "Structure 606AL and Ditch Improvements - 2023 Bond Referendum Project No. 22", Contract No. C-HCDD1-23-069-10-31 as approved for negotiations on 09/05/23, AI 92356 (subject to final and legal review).

2. Acceptance and approval of Work Authorization No. 1 in the amount of $73,046.43 as submitted by Quintanilla, Headley & Associates through Contract No. C-HCDD1-23-069-10-31 to provide Professional Engineering Services for "Structure 606AL and Ditch Improvements - 2023 Bond Referendum Project No. 22" (subject to final and legal review).
 
H.
AI -93053
1. Requesting approval of the final negotiated Professional Engineering Services Agreement with SAMES, Inc. in connection with the "West Main Drain III Extension Phase 2 - 2023 Bond Referendum Project No. 14", Contract No. C-HCDD1-23-072-10-31 as approved for negotiations on 09/05/23, AI 92349 (subject to final legal review).
 
2. Acceptance and approval of Work Authorization No. 1 in the amount of $259,733.19 as submitted by SAMES, Inc. through Contract No. C-HCDD1-23-072-10-31 to provide Professional Engineering Services for "West Main Drain III Extension Phase 2 - 2023 Bond Referendum Project No. 14" (subject to final legal review).
 
I.
AI -92995
Acceptance and approval of Work Authorization No. 5 to provide Geotechnical Field and Laboratory Services in the total amount of $19,496.74 as submitted by B2Z Engineering, LLC, for "Structure 606AL and Ditch Improvements - 2023 Bond Referendum Project No. 22", Contract No. C-HCDD1-23-036-07-25.
 
J.
AI -92994
Acceptance and approval of Work Authorization No. 4 to provide Geotechnical Field and Laboratory Services in the total amount of $35,802.32 as submitted by B2Z Engineering, LLC for "Ditch 1, 9, 2, and 4a in La Villa / Edcouch / Elsa - 2023 Bond Referendum Project No. 8" through Contract No. 23-036-07-25.
 
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)
 
10.
Open Session:
 
A.
Possible Action of Real Estate Acquisition
 
B.
Possible Action on Pending and/or Potential Litigation
 
11.
Adjourn