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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - May 5, 2020

BE IT REMEMBERED, that on this 5th day of May A.D., 2020, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
 
HONORABLE RICHARD F. CORTEZ

HONORABLE DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOE M. FLORES

HONORABLE ELLIE TORRES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
DRAINAGE DISTRICT 
BOARD OF DIRECTORS
May 5, 2020
9:45 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners Court will be held in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
1.
 
Roll Call (Audio Reference 02m:16s)

Judge Cortez called the meeting to order at 10:04 A.M. All members of the court were present.
 
2.
 
Prayer (Audio Reference 02m:49s)

Raul Sesin offered the prayer.
 
3.
 
Open Forum (Audio Reference 04m:26s)

There were no open forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 04m:48s)

The court proceeded to the approval of the Consent Agenda.
 
5.
 
General Operations:
 
A.
AI -75408
1.) Discussion, Consideration, and Action regarding the Hidalgo County Drainage District No.1 requirement for general public to wear a mouth and nose covering when visiting HCDD1 facilities including parking lots during the Declared Local State of Disaster due to Public Health Emergency. (Audio Reference 05m:23s) 

Raul Sesin requested that the Drainage District No. 1 lobby remain closed throughout the duration of the state of emergency order. In which legal counselor, Ivan Perez, stated that only what was stated on agenda item 5.A.1. needed action by the board, and not Mr. Sesin's request. The board took action only on item 5.A.1.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 5.A.1.

Vote: 5 - 0 -Unanimously 

2.) Discussion, Consideration, and Action adopting the Hidalgo County Drainage District No.1 Additional Work-Related Standard of Conduct -Mouth and Nose Covering requirement for District employees during the Declared during the Declared Local State of Disaster due to the Public Health Emergency. (Audio Reference 08m:03s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.A.2.

Vote: 5 - 0 -Unanimously 
 
B.
AI -75389
1.) Requesting approval to create ten (10) Temporary Maintenance I positions not to exceed 768 working hours and set Hourly rate at $13.27. (Audio Reference 08m:27s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 5.B.1.

 Vote: 5 - 0 - Unanimously

2.) Pursuant to the Boards approval to create Temporary Maintenance I positions requesting approval of Revised Salary Schedule and Budget Amendment to fund temporary positions in the amount of $115,733.10. (Audio Reference 08m:59s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.B.2.

Vote: 5 - 0 -Unanimously 
 
C.
AI -75268
1. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services. (Audio Reference 09m:24s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.C.1.

Vote: 5 - 0 -Unanimously 

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 Construction Materials Testing (CMT) Services On-Call (on an as needed basis) required for Hidalgo County Drainage District Projects. (Audio Reference 09m:43s)
(C-HCDD1-20-027-__-__)    
FIRM NAME: SCORE: RANK:
B2Z Engineering, LLC 97.00  
Izaguirre Engineering
Group, LLC
91.00  
Alpha Infrastructure
Engineering, PLLC
89.33  

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 5.C.2.

 Vote: 5 - 0 - Unanimously

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: B2Z Engineering,LLC  for the provisions of Professional Construction Materials Testing (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District Projects. (Audio Reference 10m:25s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.C.3.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -75281
1.   Request exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services to KCI Technologies, Inc. for the provision of Professional Engineering Services for the "Faysville Drain -2018 Bond Referendum Project #11A" through Contract No: C-HCDD1-19-038-05-21; (Audio Reference 10m:50s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 6.A.1.

Vote: 5 - 0 – Unanimously

2.  Requesting acceptance and approval of Supplemental Agreement No. 1 to Contract No. C-HCDD1-19-038-05-21, for the provision of Professional Engineering Services for: "Faysville Drain -2018 Bond Referendum Project #11-A" with Landtech, Inc. to reflect an assignment in interest in the Agreement from Landtech, Inc. to KCI Technologies, Inc. and granting authority for the District General Manager, Mr. Raul E. Sesin, P.E., CFM., to sign the Consent to Assignment of Contract Letter Submitted by the Parties. (Audio Reference 11m:57s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.A.2.

Vote: 5 - 0 - Unanimously 
 
B.
AI -75406
1.  Requesting approval of Supplemental Agreement No. 1 to the Professional Engineering Services Contract (C-HCDD1-19-039-05-21), with TEDSI Infrastructure Group, Inc., for the project: "Faysville Drain -2018 Bond Referendum Project #11-B", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of May 28, 2021 (subject to Legal review and compliance with HB1295). (Audio Reference 12m:38s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 6.B.1.

Vote: 5 - 0 – Unanimously

2.  Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-039-05-21), with TEDSI Infrastructure Group, Inc., for the project: "Faysville Drain -2018 Bond Referendum Project #11-B", to reflect a revised period of service to end on May 28, 2021 (subject Legal review and compliance with HB1295). (Audio Reference 13m:14s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 6.B.2.

Vote: 5 - 0 – Unanimously
 
C.
AI -75412
1.  Requesting approval of Supplemental Agreement No. 1 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 Exhibit "D"-Work Schedule, with an extended termination date of August 27, 2021 (subject to Legal review and compliance with HB1295). (Audio Reference 13m:44s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 6.C.1.

Vote: 5 - 0 – Unanimously

2.  Requesting approval of Supplemental Agreement No. 1 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 August 27, 2021 (subject Legal review and compliance with HB1295). (Audio Reference 14m:17s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 6.C.2.

Vote: 5 - 0 – Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -75289
Requesting approval of Supplemental Agreement No. 3 to Agreement for Professional Engineering Services with L&G Engineering as it relates to "Pharr Mcallen Drain & South Flood Water Channel Watershed Improvement Project" to amend the contract to extend the termination date to August 31, 2020. (subject to compliance to HB1295). (Audio Reference 14m:52s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 7.A.

Vote: 5 - 0 - Unanimously
 
B.
AI -75309
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Alamo Expressway Drain-Budget 320 
1. Application for payment no. 1 in the amount of $127,708.91 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-047-09-25-Alamo Expressway Drain Improvements.
Project Engineer: Jose Noe Saldivar, P.E.-HCDD1
PO#636128 (Audio Reference 15m:21s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 7.B.1.

Vote: 5 - 0 – Unanimously
 
C.
AI -75397
Requesting approval of Change Order No. 1  reflecting an increase in the amount of $153,350.00, and no additional construction calendar days, in connection with contract No. C-HCDD1-19-077-12-03 -Hidalgo County Drainage District No. 1 project, "Hidalgo County Pct. 4 -J-09 Phase IV Rural Drainage Development 2012 Bond Project" with Mor-Wil, LLC, as recommended by project engineer, Jose Noe Saldivar, P.E., HCDD1 Engineer IV. (Audio Reference 15m:52s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 7.C.

Vote: 5 - 0 – Unanimously
Attachments:
 
8.
 
General Fund:
 
A.
AI -75308
Recommending bid award and approval to issue a Purchase Order to the lowest and most responsible bidder meeting all requirements/specifications, Aguaworks Pipe & Supply, LLC, for the advertised RFB No. HCDD1-20-024-04-01 "Purchase of One (1) Vertical Axial-Flow Pump"(subject to compliance with HB1295). (Audio Reference 16m:30s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 8.A.
                                                                              
 Vote: 5 - 0 – Unanimously
 
B.
AI -75414
Requesting approval of Advance Funding Agreement for Voluntary Local Government Contributions with Texas Department of Transportation (TxDOT) as it relates to Transportation Improvement Project rehabilitation of FM 1425 rural facility from Bus. 83 to SH 107.  Subject to final legal review. (Audio Reference 16m: 56s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 8.B.

Vote: 5 - 0 – Unanimously
Attachments:
 
9.
 
Closed Session: (Audio Reference 17m: 42s)
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following:

The court proceeded into closed session at 10:19 A.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to proceed into closed session.

Vote: 5 - 0 - Unanimously
 
A.
AI -75418
Discussion regarding offer of settlement in Cause No. CCD-0534-F, HCDD1 v. J.R. Garcia, pending in Hidalgo County Court at Law No. 6

Reference item 10.A.
 
B.
 
Real Property (Tex. Gov't Code 551.072)

Reference item 10.B.
 
C.
 
Personnel Matters (Tex. Gov't. Code 551.074)

No action was taken on item 9.C.
 
D.
 
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)

No action was taken on item 9.D.
 
10.
 
Open Session: (Audio Reference 20m:06s)

 
A.
AI -75419
Possible action on offer of settlement in Cause No. CCD-0534-F, HCDD1 v. J.R. Garcia, pending in Hidalgo County Court at Law No. 6 (Audio Reference 20m:16s)

Legal counselor, Ivan Perez,  advised the board to approve the settlement as discussed in closed session. Furthermore, to authorize the board chairman and the general manager to execute all settlement documents and closing documents necessary to effectuate the settlement. 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on the recommendation stated by legal counsel for item 10.A.

Vote: 5 - 0 - Unanimously 
 
B.
 
Possible Action of Real Estate Acquisition (Audio Reference 20m:53s)

Raul Sesin stated that they would proceed as directed.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to proceed as directed on item 10.B.

Vote: 5 - 0 -Unanimously
 
C.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on item 10.C.
 
11.
 
Adjourn (Audio Reference 21m:15s)

Judge Cortez adjourned the meeting at 10:52 P.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.

Vote: 5 - 0 - Unanimously
There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 5th day of May, 2020

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Carolyn Thornton, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on May 5, 2020.

Signed this 5th day of May 2020




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Carolyn Thornton, Deputy