Skip to main content

AgendaQuick™

Minutes for DD-REGULAR AGENDA REGULAR MTG

REGULAR MEETING - DECEMBER 28, 2021

BE IT REMEMBERED, that on this 28th day of December A.D., 2021, there was begun and held a REGULAR 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
DECEMBER 28, 2021
1:30 P.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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 :05s)

Judge Cortez called the meeting to order at approximately 1:30 P.M.

All members of the Board were present during the roll call.

Commissioner Villarreal joined the meeting via video conference.
 
2.
 
Prayer (Audio Reference :21s)

General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
 
3.
 
Open Forum (Audio Reference 02:17s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:27s)

The Board proceeded with the approval of the Consent Agenda.

Please see the Drainage District - Consent Agenda for the action taken.
 
5.
 
General Operations:
 
A.
AI -83974
Requesting approval to purchase Two (2) John Deere 6145M Tractors with 6140 HD Rhino Shredders from John Deere Company,through the Hidalgo County Drainage District No. 1 membership/participation with BuyBoard awarded Contract No. 611-20 in the total amount of $320,357.34 for 2022 budget. (Audio Reference 03m:01s)

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 5.A.
            
Vote: 5 - 0 – Unanimously
 
B.
AI -83950
Requesting approval to purchase the following heavy equipment through the Hidalgo County Drainage District No. 1 membership/participation with Sourcewell Cooperative awarded vendor Holt CAT, Contract No. 032119-CAT in the total amount of $716,210.00 for the 2022 budget: (Audio Reference 03m:40s)
 
 
Qty Vendor Equipment Model Amount
1 Holt CAT Short Boom Excavator  CAT 320 251,210.00
1 Holt CAT Short Boom EXcavator CAT 349 465,000.00

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 5.B.

Vote: 5 - 0 -Unanimously
 
C.
AI -83996
1. Presentation of scoring grid (for the purpose of ranking by (HCDD1 Board of Directors) of the graded and evaluated firms submitting response to the CSP No. HCDD1-21-050-12-08-RFV, "Drainage Area Improvements for Y Drain Ph I, Tower Rd between Rogers and Monte Cristo & Curry Drain and Valverde Rd Crossing,"
FIRM NAME SCORE RANK
Castle Enterprises, LLC 95.50  
Texas Cordia Construction, LLC 82.76  
Mor-Wil, LLC 82.51  
IOC Company, LLC 69.53  

(Audio Reference 04m:23s)

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 5.C.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: Castle Enterprises, LLC, for the provision construction services for, "Drainage Area Improvements for Y Drain Ph I, Tower Rd between Rogers and Monte Cristo & Curry Drain and Valverde Rd Crossing." (Audio Reference 05m:45s)

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 5.C.2.
            
Vote: 5 - 0 – Unanimously
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -83877
Requesting ratification of approved Notice to Suspend Work Order No 1, issued to Mor-Wil, LLC, awarded contractor for the:  “Anaquitas Drain Structure (Proposed Additional (2) 10’ x 8’ Boxes with Gate Structures) - 2018 Bond Referendum Project #8”, Contract No. C-HCDD1-21-040-10-05 to allow time for gates to be manufactured and delivered.  Suspend Order Effective Date: 12-15-2021. (Audio Reference 06m:06s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.A.
            
Vote: 5 - 0 – Unanimously
 
B.
AI -83931
Requesting ratification of approved Notice to Suspend Work Order No. 1, issued to Gonzalez Engineering & Management, LLC, awarded contractor for the: "Mission-McAllen Rado Alternate Phase I -2018 Bond Referendum Project #25", Contract No. C-HCDD1-21-023-07-27, to allow time for the production and delivery of Reinforced Culvert Boxes required for the project.  Suspend Work Order Effective Date: 12/15/2021. (Audio Reference 08m:00s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.B.
            
Vote: 5 - 0 – Unanimously
 
C.
AI -84005
Requesting approval of Change Order No. 7 reflecting an increase in the amount of $90,640.00 , in connection with the Contract C-HCDD1-20-029-06-23-"PD Lateral (Phase II) -2018 Bond Referendum Project #29" with  Mor-Wil, LLC, and as recommended by Project Engineer, Izaguirre Engineering Group. (Audio Reference 08m:30s)

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

Vote: 5 - 0 -Unanimously 
Attachments:
 
D.
AI -83998
1. Presentation of scoring grid (for the purposes of ranking by HCDD1 Board of Directors) of the graded and evaluated firms submitting responses to the CSP No. HCDD1-21-054-12-08-MSS“Mile 9 N & FM1015 -Package 1B Improvements - 2018 Bond Referendum Project #24”.
 
FIRM NAME SCORE RANK
Mor-Wil, LLC 93.50  
RG Enterprises, LLC dba G&G Contractors 75.78  

(Audio Reference 09m:12s)

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 6.D.1, as ranked.

Vote: 5 - 0 -Unanimously 

2. Pursuant to the Board's approval, requesting authority for Hidalgo County Drainage District No. 1 to negotiate a Construction Services Agreement with the number one ranked firm of Mor-Wil, LLC, for the provision of construction services for, “Mile 9 N & FM1015 -Package 1B Improvements - 2018 Bond Referendum Project #24”(Audio Reference 09m:42s)

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.D.2.

Vote: 5 - 0 - Unanimously 
 
E.
AI -83951
1.  Requesting approval of Supplemental Agreement No. 6 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  March 8, 2022, to allow time to finalize project including Close-Out Documents, and As-Builts. (subject to Legal Review) (Audio Reference 10m:30s)

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 6.E.1.

Vote: 5 - 0 -Unanimously 

2.  Requesting approval of Supplemental Agreement No. 6 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  March 8, 2022, to allow time to finalize project including Close-Out Documents, and As-Builts. (subject Legal Review) (Audio Reference 11m:11s)

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

Vote: 5 - 0 -Unanimously 
 
F.
AI -83992
3 3/4 Mile Rd. & Shuerbach - Budget 502
1. Approval of Certificate of Substantial Completion and Certificate of Construction Completion from Gonzalez Engineering & Management, LLC pertaining to construction contract C-HCDD1-02-040-09-08, 3 3/4 Mile Rd & Shuerbach Rd.  
2. Approval of Application for Payment Retainage in the amount of $139,416.42 from Gonzalez Engineering & Management, LLC pertaining to Construction Contract C-HCDD1-20-040-09-08. Engineer Javier Hinojosa Engineering PO#640791. (Audio Reference 11m:42s)

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.F.1 and 2.
             
Vote: 5 - 0 – Unanimously

J-08 Drain-McColl Rd Culvert Crossing - Budget 515
3. Approval of Application for Payment No. 2 in the amount of $29,877.77 from RDH Site & Concrete, LLC pertaining to Construction Contract C-HCDD1-21-024-07-27 J-08. Engineer HCDD1 PO#642615.
4. Approval of Certificate of  Substantial Completion and Certificate of Completion from RDH Site & Concrete, LLC pertaining to Construction Contract C-HCDD1-21-024-07-27 J-08. Engineer HCDD1 Raul E. Sesin, PE, CFM 
5. Approval of Application for Payment Retainage in the amount of $16,714.75 from RDH Site & Concrete, LLC pertaining to Construction Contract C-HCDD1-21-024-07-27 J-08. Engineer HCDD Raul E. Sesin, PE, CFM  PO#642615. (Audio Reference 12m:23s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.F.3, 4 and 5.

Vote: 5 - 0 – Unanimously

PD Lateral - Budget 529
6. Approval of Application for Payment No. 8 in the amount of $268,952.58 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-026-06-23 PD Lateral Phase I. Engineer Izaguirre Engineering PO#640211 (Audio Reference 13m:40s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.F.6
            
Vote: 5 - 0 – Unanimously

7. Approval of Application for Payment No. 7 in the amount of $335,257.85 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-20-029-06-23 PD Lateral Phase II. Engineer Izaguirre Engineering PO#640212 (Audio Reference 14m:02s)

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.F.7.
            
Vote: 5 - 0 – Unanimously

South Lateral Drain - Budget 534
8. Approval of Application for Payment No. 9 in the amount of $111,312.00 from Castle Enterprises, LLC pertaining to Construction Contract C-HCDD1-20-009-07-07. Engineer L&G Engineering PO#640528 (Audio Reference 14m:22s)

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.F.8.
            
Vote: 5 - 0 – Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -83990
Mission Inlet - Budget 020
Approval of Application for Payment No. 6 in the amount of $112,267.85 from Castle Enterprises, LLC pertaining to Construction Contract HCDD1-20-002-02-11 Mission Inlet. L&G Engineering PO#639479. (Audio Reference 14m:45s)

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 7.A.

Vote: 5 - 0 - Unanimously 
Attachments:
 
8.
 
General Fund:
 
A.
AI -83871
Acceptance and approval of Supplemental Agreement No. 1 for services under Work Authorization No. 4, through Contract No. C-HCDD1-20-027-05-19 with B2Z Engineering, LLC, resulting in an estimated cost increase of $73,419.86, for Additional Services for the P.S.J.A. Lateral Drain Ditch improvements (subject to Legal Review). (Audio Reference 15m:05s)

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 8.A.
            
Vote: 5 - 0 – Unanimously
Attachments:
 
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: (Audio Reference 15m:35s)

The Board proceeded into closed session with a vote of approval at 1:46 P.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, 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 10.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference agenda 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 agenda item 9.C, as it was a closed session item.
 
10.
 
Open Session: (Audio Reference 16m:10s)

The Board returned from closed session at 1:55 P.M., and proceeded to agenda item 10.A.
 
A.
 
Possible Action of Real Estate Acquisition (Audio Reference 16m:24s)

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

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 10.A, with the recommendation stated above.

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

No action was taken on agenda item 10.B.
 
11.
 
Adjourn (Audio Reference 16m:42s)

Judge Cortez adjourned the meeting with a vote of approval at 1:56 P.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, 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 28th day of December 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 December 28, 2021.

Signed this 29th day of December 2021




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy