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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - May 19, 2020

BE IT REMEMBERED, that on this 19th 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 19, 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:00s)

Judge Cortez called the meeting to order at 9:50 A.M.

All members of the board were present during the roll call.
 
2.
 
Prayer (Audio Reference 02m:20s)

Raul Sesin offered the prayer.
 
3.
 
Open Forum (Audio Reference 03m:48s)

There were no open forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 04m:08s)

The court proceeded to the approval of the Consent Agenda. No items were pulled for discussion. All Consent Agenda items were approved.
 
5.
 
General Operations:
 
A.
AI -75581
Discussion, consideration and possible action to approve the implementation of the CSP Procurement Method as allowed by Texas Government Code 2269.151 for construction related projects. (Audio Reference 05m:38s)

Commissioner Flores stepped away from the meeting.

Raul Sesin explained to the court the process of CSP Procurement Method for the issuance of construction contracts, and how the scoring would be based for the highest ranking firm to participant in the development of county projects.

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.A.
                                                                              
 Vote: 4 - 0 – Unanimously
 
B.
AI -75570
1.  Possible action to approve a legal services contract on a contingency fee basis with the law firm of Chamberlain, Hrdlicka, White, Williams & Aughtry, PC in connection with RFQ No. HCDD1-20-022-04-01 for representation in ongoing litigation matter and to pursue claims against one or more parties as needed. (Audio Reference 08m:37s)

Legal Counselor, Ivan Perez, stated that the firm agreed to all the proposed changes that were recommended. Mr. Perez further stated that the final contract will be subject to final approval by the Attorney General's office, which is required by law. Mr. Perez continued to explain that it would be a contingency fee of 33% with all expenses to be fronted by the law firm, and there will be no requirement of reimbursement or payment to the firm, unless there is a recovery, and only to the extent that it is covered by the recovery. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval as stated by Legal Counselor, Ivan Perez for item 5.B.
                                                                              
 Vote: 4 - 0 – Unanimously

2.  Possible action to approve a Resolution Regarding Approval of Contingency Fee Contract for Legal Services pursuant to Tex. Gov't Code §2254.1036(b). (Audio Reference 10m:05s)

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.B.
                                                                              
 Vote: 4 - 0 – Unanimously
 
C.
AI -75519
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a Professional Service;  (Audio Reference 10m:25s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 5.C.1.
                                                        
 Vote: 4 - 0 – Unanimously

2. Requesting approval for the District to negotiate a Professional Real Estate Appraisal and/or Appraisal Review Services Contract with Leonel Garza Jr. & Associates, LLC, from the District's approved pool of pre-qualified Appraisers for the provision of Professional Real Estate Appraisal Services and/or Appraisal Review Services (on-call on an as needed basis) for Hidalgo County Drainage District No.1 projects. (Audio Reference 10m:41s)

Commissioner Flores rejoined the meeting.

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.2.

Vote: 5 - 0 -Unanimously 
Attachments:
 
D.
AI -75518
Requesting approval of final negotiated Professional Services Agreement No. C-HCDD1-20-027-05-19, with  B2Z Engineering, LLC., as it relates to Professional Construction Materials Testing (CMT) Services On-Call (on an as needed basis) for Hidalgo County Drainage District No.1 Projects. Approved for negotiations by the HCDD1 Board of Directors on AI# 75268 (05-05-20). Subject to Legal Review.  Compliance to HB1295 has been met. (Audio Reference 11m:07s)

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 5.D.

Vote: 5 - 0 - Unanimously 
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -75512
Requesting authority to advertise and approval of plans and specifications developed by project engineer, Izaguirre Engineering Group, LLC, for: Hidalgo County Drainage District No. 1 -“PD Lateral (Phase II) -2018 Bond Referendum Project #29” -RFB No. HCDD1-20-029-06-10, including the re-advertising of project in the event no Bid responses are received and/or are rejected and project is still required. (Audio Reference 11m:35s)

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 6.A.
                                                                              
 Vote: 5 - 0 – Unanimously
 
B.
AI -75574
Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-004-03-26), with L&G Engineering, for the: "Anaquitas -2018 Bond Referendum Project #8", to reflect a revised Exhibit "C-1"-Project Team, adding B2Z Engineering, LLC., as a new sub-consultant as per Article 8 of the contract (subject to Legal review). (Audio Reference 12m:05s)

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 6.B.
                                                                              
 Vote: 5 - 0 – Unanimously
 
C.
AI -75575
Requesting approval of Supplemental Agreement No. 2 to the Professional Engineering Services Contract (C-HCDD1-19-034-03-26), with L&G Engineering, for the: "Mid Valley Airport -2018 Bond Referendum Project #19", to reflect a revised Exhibit "C-1"-Project Team, adding B2Z Engineering, LLC., as a new sub-consultant as per Article 8 of the contract (subject to Legal review). (Audio Reference 12m:32s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 6.C.
                                                        
 Vote: 5 - 0 – Unanimously
 
D.
AI -75577
Requesting approval of Supplemental Agreement No. 1 to the Professional Engineering Services Contract (C-HCDD1-19-011-04-23), with L&G Engineering, for the: "South Lateral Drain -2018 Bond Referendum Project #34", to reflect a revised Exhibit "C-1"-Project Team, adding B2Z Engineering, LLC., as a new sub-consultant as per Article 8 of the contract (subject to Legal review). (Audio Reference 13m:02s)

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 irwmn 

Vote: 5 - 0 - Unanimously 
 
E.
AI -75578
Requesting approval of Supplemental Agreement No. 1 to the Professional Engineering Services Contract (C-HCDD1-19-015-04-23), with L&G Engineering, for the: "Penitas Drain -2018 Bond Referendum Project #30", to reflect a revised Exhibit "C-1"-Project Team, adding B2Z Engineering, LLC., as a new sub-consultant, as per Article 8 of the contract (subject to Legal review). (Audio Reference 13m:30s)

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 6.E.

Vote: 5 - 0 -Unanimously 
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -75487
Approval to issue payment on the following item(s) proceeding review and compliance of contract terms & conditions:

Iowa Road Drainage Improvements-Budget 365-040-013 

1. Acceptance of Certificate of Substantial Completion and Certificate of Construction Completion from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-19-036-05-07 Iowa Gardens Drainage Improvements.
2. Application for Payment No.4 in the amount of $52,762.73 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-19-036-05-07-Iowa Gardens Drainage Improvements. 
Engineer:Jose N. Saldivar, P.E.-HCDD1 
PO#637966 (Audio Reference 13m:58s)

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 7.A.1 & 2.

Vote: 5 - 0 - Unanimously 
 
B.
AI -75557
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
Chaparral Drain Extension -365-010-011
(Audio Reference  14m:55s)

1. Acceptance of Certificate of Substantial Completion from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-19-069-10-22 Chaparral Drain Extension Improvements (60Inch RCP Jack & Bore-Donna Irrigation Crossing).
2.  Application for Payment No. 3 in the amount of $21,645.00 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-19-069-10-22 Chaparral Drain Extension Improvements (60Inch RCP Jack & Bore – Donna Irrigation Crossing).  Project Engineer: Jose Noe Saldivar, PE, HCDD No. 1.  PO#638896 (Audio Reference 

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 7.B.1 &2 and 7.C.1.

Vote: 5 - 0 -Unanimously 

The court decided a vote of approval on items 7.B.1 & 2  & 7.C.1 together (Audio Reference 15m:25s)
 
C.
AI -75552
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions: Chaparral Drain Extension -365-010-011 
1.   Application for Payment No. 2 in the amount of $105,184.18 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-19-069-10-22 Chaparral Drain Extension Improvement (60 Inch RCP Jack & Bore – Donna Irrigation Crossing) Project Engineer: Jose Noe Saldivar, PE- HCDD No. 1.  PO#638896 (Audio Reference 15m:26s)

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 7.B.1 &2 and 7.C.1.

Vote: 5 - 0 -Unanimously 
 
8.
 
Right of Way Acquisitions:
 
A.
AI -75580
Requesting approval of closing documents for Parcel 24-E2 as it relates to Project 24 of the 2018 Drainage Bond Program - Mile 9 N & FM 1015 project and authority for the Chairman of the Board to execute documents. (Audio Reference 15m:54s)

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 8.A.

Vote: 5 - 0 -Unanimously 
Attachments:
 
9.
 
Closed Session: (Audio Reference 16m:18s)
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 10:04 A.M.

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

Vote: 5 - 0 – Unanimously
 
A.
 
Real Property (Tex. Gov't Code 551.072)

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

Reference item 10.B.
 
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)

No action was taken on item 9.C.
 
10.
 
Open Session: (Audio Reference 16m:48s)

The court returned from closed session at 10:18 A.M.

 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 16m:57s)

Legal Counsel, Ivan Perez stated that the board needed to take action to authorize the administration to proceed as discussed in reference to the real estate matter.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval as stated by Legal Counselor, Ivan Perez for item 10.A.

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

No action was taken on item 10.B.
 
11.
 
Adjourn (Audio Reference 17m:16s)

Judge Cortez adjourned the meeting at approximately 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 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 19th 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 19, 2020.

Signed this 20th 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