REGULAR MEETING - August 25, 2020
BE IT REMEMBERED, that on this 25th day of August A.D., 2020, there was begun and held a REGULAR 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 August 25, 2020 1:45 P.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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 04m:35s)
Judge Cortez called the meeting to order at 1:50 P.M.
All members of the court were present during the roll call.
Judge Cortez called the meeting to order at 1:50 P.M.
All members of the court were present during the roll call.
2.
Prayer (Audio Reference 05m:07s)
Jaime Salazar offered the prayer.
Jaime Salazar offered the prayer.
3.
Open Forum (Audio Reference 05m:46s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 06m:18s)
No Consent Agenda items were pulled for further discussion. The court moved to approve the Consent Agenda.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 5 - 0 – Unanimously
No Consent Agenda items were pulled for further discussion. The court moved to approve the Consent Agenda.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 5 - 0 – Unanimously
5.
General Operations:
A.
AI -77051
Acceptance and approval of Supplemental Agreement No. 7 to the Professional Engineering Services Contract with S&B Infrastructure, LTD, for the Design and Expansion of the Raymondville Drain Outfall System, to extend the termination date until September 30, 2020; pursuant to Article 8 of the Contract. (Audio Reference 06m:45s)
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 5.A.
Vote: 5 - 0 - Unanimously
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 5.A.
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI -76963
Requesting approval to accept bids and approval to execute Requirements Agreement with the sole responsible bidder meeting all specified requirements, for RFB No. HCDD1-20-033A-08-12 "Sand and Bedding Material", effective September 15, 2020. (subject to legal review and compliance to HB1295.) (Audio Reference 07m:55s)
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 5.B.
Vote: 5 - 0 - Unanimously
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 5.B.
Vote: 5 - 0 - Unanimously
Attachments:
C.
AI -77022
Requesting acceptance and approval of Work Authorization No. 2 in the amount of $31,318.00 as submitted by Millennium Engineers Group, Inc., in relation to professional CMT Services for: "Hidalgo Park Estates- Drainage Improvement Project." through awarded Contract No. C-HCDD1-20-025-04-21 for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review and compliance to HB1295) (Audio Reference 08m:23s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.C.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.C.
Vote: 5 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -77024
Requesting acceptance and approval of Work Authorization No. 1 in the amount of $46,118.00 as submitted by Millennium Engineers Group, Inc., in relation to professional CMT Services for: "South Lateral Drainage Improvements-2018 Bond Referendum Project No. 34" through awarded Contract No. C-HCDD1-20-025-04-21 for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review and compliance to HB1295) (Audio Reference 08m:52s)
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.A.
Vote: 5 - 0 – Unanimously
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.A.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -77027
Requesting acceptance and approval of Work Authorization No. 2 in the amount of $70,096.41 as submitted by L&G Consulting Engineers, in relation to professional CMT Services for: "Mile 9 & FM 1015 Package 1A-2018 Bond Referendum Project No. 24" through awarded Contract No. C-HCDD1-20-031-07-07 for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review and compliance to HB1295) (Audio Reference 09m:22s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.B.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.B.
Vote: 5 - 0 – Unanimously
Attachments:
C.
AI -77026
Requesting acceptance and approval of Work Authorization No. 3 in the amount of $36,559.79 as submitted by L&G Consulting Engineers, in relation to professional CMT Services for: "3 & 3/4 Mile Rd. & Schuerbach Rd.-2018 Bond Referendum Project No. 2." through awarded Contract No. C-HCDD1-20-031-07-07 for "Hidalgo County Drainage District No. 1 -On Call Professional Construction Materials Testing Services" (Subject to Legal Review and compliance to HB1295) (Audio Reference 09m:55s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.C.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.C.
Vote: 5 - 0 – Unanimously
Attachments:
D.
AI -77038
A.) Requesting approval to accept CSP response and award a Construction Contract to the highest ranked Contractor meeting all specified requirements, Mor - Wil, LLC for CSP No. HCDD1-20-039-07-22 "Mile 9 N. & FM 1015 - Package 1 A Improvements - 2018 Bond Referendum Project No. 24" in the final negotiated amount of $2,944,083.76 (base bid and alternate 1) as approved by the Board of Directors on August 18, 2020. (Subject to Legal Approval and Compliance with HB1295). (Audio Reference 10m:31s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.C.
Vote: 5 - 0 – Unanimously
B.) 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. (Audio Reference 11m:13s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.C.
Vote: 5 - 0 – Unanimously
B.) 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. (Audio Reference 11m:13s)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
E.
AI -77049
A.) Requesting approval to accept bid and award a Construction Contract to lowest bidder meeting all specified requirements, Castle Enterprises for RFB No. HCDD1- 20-010-08-12 Las Milpas - 2018 Bond Referendum Project No. 17 in the total amount of $2,333,465.80 (Base Bid and Alternate 1,3 & 4) as recommended by Project Engineer L&G, Engineering. (Subject to Legal Approval and Compliance with HB1295). (Audio Reference 11m:40s)
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 6.E.A.
Vote: 5 - 0 - Unanimously
B.) 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. (Audio Reference 12m:16s)
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.E.B.
Vote: 5 - 0 – Unanimously
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 6.E.A.
Vote: 5 - 0 - Unanimously
B.) 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. (Audio Reference 12m:16s)
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.E.B.
Vote: 5 - 0 – Unanimously
Attachments:
7.
Budget Amendments:
A.
AI -77013
2018 Bond Referendum Projects
Requesting approval of Budget Amendment to fund Board approved contracts in Fund 134, Capital Projects 2019 Bond Series, in the amount of $10,060,998.01 from the undistributed account. (Audio Reference 12m:43s)
Commissioner Cantu exited the meeting.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 7.A.
Vote: 4 - 0 – Unanimously
Requesting approval of Budget Amendment to fund Board approved contracts in Fund 134, Capital Projects 2019 Bond Series, in the amount of $10,060,998.01 from the undistributed account. (Audio Reference 12m:43s)
Commissioner Cantu exited the meeting.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 7.A.
Vote: 4 - 0 – Unanimously
Attachments:
8.
Closed Session: (Audio Reference 13m:11s)
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 1:55 P.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.
Vote: 5 - 0 - Unanimously
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 1:55 P.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, 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 9.A.
Reference item 9.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 9.B.
Reference item 9.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 8.C.
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 8.C.
9.
Open Session: (Audio Reference 13m:53s)
The court returned back from Closed Session at 2:09 P.M.
Commissioner Cantu rejoined the meeting.
The court returned back from Closed Session at 2:09 P.M.
Commissioner Cantu rejoined the meeting.
A.
Possible Action of Real Estate Acquisition (Audio Reference 13m:55s)
Raul Sesin requested that the board take action to proceed as directed, as discussed in Closed Session.
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 as directed.
Vote: 5 - 0 – Unanimously
Raul Sesin requested that the board take action to proceed as directed, as discussed in Closed Session.
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 as directed.
Vote: 5 - 0 – Unanimously
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on item 9.B.
No action was taken on item 9.B.
10.
Adjourn (Audio Reference 14m:12s)
Judge Cortez adjourned the meeting at 2:10 p.m.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 5 - 0 – Unanimously
Judge Cortez adjourned the meeting at 2:10 p.m.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, 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 25th day of August, 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 August 25, 2020.
Signed this 31st day of August 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 25th day of August, 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 August 25, 2020.
Signed this 31st day of August 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy