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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - NOVEMBER 16, 2021

BE IT REMEMBERED, that on this 16th day of November A.D., 2021, there was begun and held a SPECIAL MEETING of the Honorable Board of Directors 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 EVERARDO "EVER" VILLARREAL

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
NOVEMBER 16, 2021
9:30 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Board of Directors 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:

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 (Audio Reference :01s)

Judge Cortez called the meeting to order at 9:32 A.M.

All members of the Board were present during the roll call, except Commissioner Torres and Commissioner Cantu.

Commissioner Cantu and Commissioner Torres joined the meeting at a later time.
 
2.
 
Prayer (Audio Reference :17s)

General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 02m:03s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:10s)

The Board proceeded with the approval of the Consent Agenda.

See Drainage District Consent Agenda for action taken.
 
5.
 
General Operations:
 
A.
AI -83403
Requesting approval of Resolution Regarding Expenditure for Personnel Luncheon. (safety training sessions) (Audio Reference 02m:26s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 5.A.

Vote: 3 - 0 – Unanimously
Attachments:
 
B.
AI -83404
Discussion and update regarding the Hidalgo County Municipal Drainage Committee. (Audio Reference 02m:52s)

Commissioner Cantu and Commissioner Torres joined the meeting.

Judge Cortez confirmed that he had appointed Raul Sesin to participate on the Hidalgo County Municipal Drainage Committee. Mr. Sesin gave an overview on what his role would be on the committee. 

No action was taken on agenda item 5.B.
 
C.
AI -83367
Requesting approval to accept bids and approval to execute Requirements Agreements with multiple vendors submitting the lowest and best bids for primary and secondary items meeting all specified requirements for RFB No. HCDD1-21-041-10-27-ESZ ''Lubricants, Anti-freeze, Grease, Haydarulic Fluids, and Related Products'', subject to legal review and compliance with HB-1295. (Audio Reference 05m:45s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.C.

Vote: 5 - 0 - Unanimously
 
D.
AI -83402
Requesting approval of Change Order No. 1 reflecting an increase in the amount of $317,792.37, with an additional one hundred fifty (150) construction calendar days, in connection with Contract C-HCDD1-21-011-07-27 "Cesar Chavez & Texas Road, Canton Rd & Tower Rd, and Iowa Rd Drainage Areas Improvements" with Mor-Wil, LLC, as recommended by District Engineer. (Audio Reference 06m:12s)

On motion by COMMISSIONER PCT. 3, EVERARDO "EVER" VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 5.D.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -83358
1. Presentation of scoring grid (for the purpose of ranking by HCDD1 Board of Directors) of the graded and evaluated firms submitting responses to CSP No. HCDD1-21-048-09-29, "Faysville Drain Improvements-2018 Bond Referendum Project No. 11B," 
 
FIRM NAME SCORE RANK
RDH Site and Concrete, LLC 97.33  
Mor-Wil, LLC 88.09  
Saenz Brothers Construction, LLC 87.91               
H2O Construction Services, Inc. 84.47  
Gonzalez Engineering & Management, LLC 83.82  
 
(Audio Reference 07m:24s)

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

Vote: 5 - 0 - Unanimously 

2.  Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Construction Services Agreement with the number one ranked firm of: RDH Site and Concrete, LLC, for the provision construction services for: “Faysville Drain Improvements-2018 bond Referendum Project No. 11B." (Audio Reference 08m:07s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 6.A.2.
            
Vote: 5 - 0 – Unanimously
 
B.
AI -83338
1. Presentation of scoring grid (for the purpose of ranking by HCDD1 Board of Directors) of the graded and evaluated firms submitting responses to CSP No. HCDD1-21-047-09-29, "Faysville Drain Improvements-2018 Bond Referendum Project No. 11A," 
 
FIRM NAME SCORE RANK
RDH Site and Concrete, LLC 97.33  
Mor-Wil, LLC 83.34  
Saenz Brothers Construction, LLC 80.93  
H2O Construction Services, Inc. 79.03  
Foremost Paving, Inc. 59.57  

(Audio Reference 08m:25s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.B.1, as ranked.

Vote: 5 - 0 - Unanimously 

2.  Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Construction Services Agreement with the number one ranked firm of: RDH Site and Concrete, LLC, for the provision construction services for: “Faysville Drain Improvements-2018 bond Referendum Project No. 11A." (Audio Reference 08m:55s)

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

Vote: 5 - 0 - Unanimously 
 
C.
AI -83339
1.  Requesting approval of Supplemental Agreement No. 5 to the Professional Engineering Services Contract (C-HCDD1-19-046-07-01), with Guzman & Munoz Engineering and Surveying, Inc., for the project: "Malone Drive & Pomelo Road (Project #18) and Old La Blanca & Mile 10 N (Project #28) -2018 Bond Referendum Projects," to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of December 20, 2021, to finalize Close-Out Documents, and As-Builts. (subject to Legal Review) (Audio Reference 09m:15s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.C.1.

Vote: 5 - 0 - Unanimously

2.  Requesting approval of Supplemental Agreement No. 5 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-046-07-01), with Guzman & Munoz Engineering and Surveying, Inc., for the project: "Malone Drive & Pomelo Road (Project #18) and Old La Blanca & Mile 10 N (Project #28) -2018 Bond Referendum Projects", to reflect a revised period of service to end on December 20, 2021, to finalize Close-Out Documents, and As-Builts. (subject Legal Review) (Audio Reference 09m:44s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.C.2.

Vote: 5 - 0 - Unanimously
 
D.
AI -83409
Requesting acceptance and approval of Work Authorization No. 4 for the provision of Engineering Services for the project: "Flood Mitigation Project in the Delta Region" in the amount of $1,005,176.00, through awarded Contract No. C-HCDD1-18-036-08-14, with Halff Associates, Inc. (Audio Reference 10m:11s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.D.

Vote: 5 - 0 - Unanimously
Attachments:
 
E.
AI -83378
3 3/4 Mile Rd & Shuerbach Rd - Budget 502
1. Application for Payment No. 9 in the amount of $71,216.73 from Gonzalez Engineering & Management, LLC pertaining to Construction Contract No. HCDD1-20-040-09-08. Project Engineer: Javier Hinojosa Engineering PO#640791 (Audio Reference 10m:43s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.E.1.

Vote: 5 - 0 – Unanimously

Mission Lateral Section I - Budget 526
2. Acceptance of Certificate of Substantial Completion from Saenz Brothers Construction, LLC pertaining to Construction Contract No. HCDD1-19-074-11-26 Mission Lateral Section 1. 
3. Acceptance of Certificate of Construction Completion from Saenz Brothers Construction, LLC pertaining to Construction Contract No. HCDD1-19-074-11-26 Mission Lateral Section 1.
4. Application for Payment No. 8 in the amount of $27,0000.00 from Saenz Brothers Construction, LLC pertaining to Construction Contract No. 19-074-11-26-Mission Lateral Section 1. Project Engineer: L&G Consulting Engineers, Inc. PO#639234
5. Application for Payment No. 9-Retainage in the amount of $265,939.65 from Saenz Brothers Construction, LLC pertaining to Construction Contract No. 19-074-11-26-Mission Lateral Section 1.  Project Engineer: L&G Consulting Engineers, Inc. PO#639234 (Audio Reference 11m:01s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.E.2 through 6.E.5.

Vote: 5 - 0 – Unanimously

South Lateral Drain - Budget 534
6. Application for Payment No. 7 in the amount of $260,968.37 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-20-009-07-07. Project Engineer L&G Consulting Engineers, Inc. PO#640528 (Audio Reference 12m:01s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.E.6

Vote: 5 - 0 - Unanimously
 
F.
AI -83334
Requesting authority to advertise and approval of Competitive Sealed Proposals packet (requirements, specifications and plans) developed by project engineer, Halff Associates, Inc., for:  -Mile 9 N & FM1015 -Package 1B Improvements -2018 Bond Referendum Project #24 -CSP No. HCDD1-21-054-12-08-MSS, including the re-advertising of the project in the event no responses are received and/or are rejected and project is still required. (Audio Reference 12m:18s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COUNTY JUDGE, RICHARD CORTEZ, the Board made a UNANIMOUS vote of approval on agenda item 6.F.

Vote: 5 - 0 - Unanimously
 
G.
AI -83413
Requesting approval of Change Order No. 1 reflecting an increase in the amount of $77,272.12, with an additional two hundred sixty (260) construction calendar days, in connection with Contract C-HCDD1-20-009-07-07 "South Lateral Drain Improvements Phase I (McColl Road to San Juan Road)-2018-Bond Referendum Project #34" with Castle Enterprises, LLC, as recommended by L&G Engineering. (Audio Reference 12m:51s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 6.G

Vote: 5 - 0 – Unanimously
Attachments:
 
7.
 
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: (Audio Reference 13m:33s)

The Board proceeded into closed session with a vote of approval at 9:45 A.M.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board 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 agenda item 8.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference agenda item 8.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 agenda item 7.C.a)
 
8.
 
Open Session: (Audio Reference 14m:13s)

The Board returned from closed session at 10:07 A.M., and proceeded to agenda item 8.A.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 14m:13s)

Legal Counselor, Ivan Perez, recommended a motion from the Board to authorize the administration to proceed as discussed in closed session.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 8.A, with the comment stated above.

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

No action was taken on agenda item 8.B.
 
9.
 
Adjourn (Audio Reference 14m:37s)

Judge Cortez adjourned the meeting with a vote of approval at 10:08 A.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board 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 16th day of November, 2021

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 November 16, 2021.

Signed this 17th day of November 2021




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy