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Minutes for DD-REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - AUGUST 9, 2022

BE IT REMEMBERED, that on this 9th day of August A.D., 2022, 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 EVERARDO "EVER" VILLARREAL

HONORABLE ELLIE TORRES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

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 9, 2022
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 :12s)

Judge Cortez called the meeting to order at 9:33 A.M.

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

Commissioner Torres joined the meeting during the prayer.
 
2.
 
Prayer (Audio Reference :29s)

General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.

Commissioner Torres joined the meeting.
 
3.
 
Open Forum (Audio Reference 02m:20s)

There were no Open Forum participants.
 
4.
 
Approval of Consent Agenda (Audio Reference 02m:49s)

The Board proceeded with the approval of the Drainage District - Consent Agenda.

See the Drainage District - Consent Agenda for the action taken.
 
5.
 
General Operations:
 
A.
AI -86924
Discussion and update as it relates to the Raymondville Drain Phase 2 (RESTORE Act) project. (Audio Reference 03m:07s)

Raul Sesin gave an update on the Raymondville Drain Phase 2 (RESTORE Act) project.

No action was taken on agenda item 5.A.
 
B.
AI -86936
Approval of Second Amended Depository Agreement with Lone Star National Bank to include, as exhibits, a Safekeeping Agreement and Pledge Agreement with safekeeping banks.(C-HCDD1-19-025-05-21) (Audio Reference 04m:56s)

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.B.

Vote: 4 - 0 - Unanimously
 
C.
AI -86939
Requesting authority to advertise and approval of Request for Proposals procurement packet (i.e., legal notice, requirements, scope of services, evaluation criteria etc.) as attached hereto for, "Archeological Surveying Services -Main Floodwater Channel Project-North Main Drain 1 to FM 491 Phase 2," RFP No. HCDD1-22-044-08-31-ESZ (subject legal review), including the re-advertisement of project in the event proposals are rejected, or no responses are received & services are still required. (Audio Reference 05m:24s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.C.

Vote: 4 - 0 – Unanimously
 
D.
AI -86938
Requesting authority to advertise and approval of Request for Proposals procurement packet (i.e., legal notice, requirements, scope of services, evaluation criteria etc.) as attached hereto for, "Archeological Surveying Services -Main Floodwater Channel Project-North Main Drain 1 to FM 491 Phase 1," RFP No. HCDD1-22-043-08-31-RFV (subject legal review), including the re-advertisement of project in the event proposals are rejected, or no responses are received & services are still required. (Audio Reference 05m:56s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.D.

Vote: 4 - 0 – Unanimously
Attachments:
 
E.
AI -86916
Recommending bid award and approval of contract to the responsible bidder submitting the sole bid received meeting all requirements / specifications for RFB No.HCDD1-22-035-07-20-ESZ, Flexible Base Material (Crushed Caliche), subject to compliance with HB1295. (Audio Reference 06m:50s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.E.

Vote: 4 - 0 – Unanimously
 
F.
AI -86904
Requesting approval of Amendment No. 1 to the Agreement No. C-HCDD1-21-028-06-01, for "Professional Appraisal Services On Call (on as needed basis)", with Leonel Garza Jr. & Associates, LLC, to extend the appraisal services expiration date until July 30, 2023. (subject to compliance to HB1295). (Audio Reference 07m:11s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.F.

Vote: 4 - 0 – Unanimously
Attachments:
 
G.
AI -86905
Requesting approval of Amendment No. 1 to the Agreement No. C-HCDD1-21-030-07-27, for "Professional Appraisal Services On Call (on as needed basis)", with George J. Salazar II dba Appraisal Haus, to extend the appraisal services expiration date until July 30, 2023. (subject to compliance to HB1295). (Audio Reference 07m:34s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.G.

Vote: 4 - 0 – Unanimously
Attachments:
 
H.
AI -86802
Acceptance and approval of Work Authorization No. 5 in the amount of $12,241.75 as submitted by Millennium Engineers Group, Inc., through Contract No. C-HCDD1-21-021-05-25 to provide Construction Material Testing Services for the project: "South Pharr Lateral & Las Milpas Drainage Improvements". (Subject to Legal Review) (Audio Reference 07m:54s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.H.

Vote: 4 - 0 – Unanimously
 
I.
AI -86911
1. Requesting approval to enter into a 36 Month Lease Agreement with RICOH-USA, Inc. through the District's membership with State of Texas DIR Contract No. DIR-CPO-4435 for the following:
     A. One (1) Ricoh IMC4500 Copier-$387.00 per month
     B. One (1) Ricoh IMC4500 Copier-$369.00 per month
     C. One (1) Ricoh MPC8000 Copier-$618.00 per month
     D. One (1) Ricoh MPC8000 Copier-$618.00 per month 
     E. One (1) Ricoh MPC8003 Copier-$552.00 per month
Price Components Include: Equipment, Delivery, Installation, Operator Training, Maintenance, Toner, Staples and Service. No additional charges for parts or labor. (Subject to compliance with HB1295). (Audio Reference 08m:15s)

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.I.1.A through E.
            
 Vote: 4 - 0 – Unanimously

2. Requesting approval to execute the Lease Upgrade Amendment to the existing agreement with Ricoh-USA, Inc., to reduce monthly cost to $1,315.71, for the duration upon receiving and accepting new equipment. (Audio Reference 09m:06s)

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.I.2.
            
 Vote: 4 - 0 – Unanimously
 
6.
 
2018 Bond Referendum Projects:
 
A.
AI -86926
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. HCDD1-22-032A-08-03-RFV, "FM 493 & Country Road-Phase I Subdivision Drainage Improvements-2018 Bond Referendum Project No. 12." (Audio Reference 09m:22s)
 
FIRM NAME SCORE RANK
Saenz Brothers Constructions 97.67  
Mor-Wil, LLC 93.98  
RBM Contractors 80.82  
Clore Equipment  74.09  


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.1, as ranked.
            
 Vote: 4 - 0 – Unanimously

2. Pursuant to the Board's approval, requesting authority for Hidalgo County Drainage District No. 1 to negotiate a Construction Services Contract with the number one ranked firm, Saenz Brothers Constructions for construction services of, "FM 493 & Country Road-Phase I Subdivision Drainage Improvements-2018 Bond Referendum Project No. 12." (Audio Reference 10m:39s)

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: 4 - 0 – Unanimously
Attachments:
 
B.
AI -86937
1. Requesting approval to accept bids and award a Construction Contract to the lowest and best bidder meeting all specified requirements, RBM Contractors LLC, in the amount of $452,949.09 for RFB No. HCDD1-22-029A-08-04-ESZ “South I Road East Side Drainage Improvements, 2018 Bond Referendum Project No. 33" as recommended by Project Engineer, B2Z Engineering (subject to Legal Review and Compliance with HB1295). (Audio Reference 10m: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.1.

Vote: 4 - 0 - Unanimously

2. 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 an increase or decrease in cost of $50,000.00 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 the consent of the contractor. (Audio Reference 11m:46s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO "EVER" VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.B.2.

Vote: 4 - 0 - Unanimously
 
C.
AI -86925
1.  Requesting approval of Supplemental Agreement No. 5 to the Professional Engineering Services Contract (C-HCDD1-19-042-08-13), with Izaguirre Engineering Group, LLC, for the project: "Sunflower Drain - 2018 Bond Referendum Project #36", to reflect a Revised Exhibit "D"-Work Schedule, with an extended termination date of September 25, 2022, (subject to Legal review and compliance with HB1295). (Audio Reference 12m:06s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO "EVER" VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.C.1.

Vote: 4 - 0 - Unanimously

2.  Requesting approval of Supplemental Agreement No. 5 to Work Authorization No. 1 of the Professional Engineering Services Contract (C-HCDD1-19-042-08-13), with Izaguirre Engineering Group, LLC, for the project: "Sunflower Drain - 2018 Bond Referendum Project #36", to reflect a revised period of service to end on September 25, 2022, (subject Legal review and compliance with HB1295). (Audio Reference 12m:35s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO "EVER" VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.C.2.

Vote: 4 - 0 - Unanimously
Attachments:
 
D.
AI -86933
Y Drain Improvements - Budget 010
1. Approval of Application for Payment No. 2 in the amount of $116,296.72 from Castle Enterprises pertaining to Construction Contract No. C-HCDD1-21-050-01-11 Y Drain Improvements. Project Engineer HCDD1 Omar Anzaldua, Jr. PE PO#645354
2. Approval of Application for Payment No. 3 in the amount of $107,170.96 from Castle Enterprises pertaining to Construction Contract No. C-HCDD1-21-050-01-11 Y Drain Improvements. Project Engineer HCDD1 Omar Anzaldua, Jr. PE PO#645354
Cesar Chavez, Texas Rd, Canton, & Tower Rd Drainage Improvements - Budget 010
3. Approval of Application for Payment No. 4 in the amount of $120,799.35 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-21-011-07-27 Cesar Chavez, Texas Rd, Canton, & Tower Rd Drain Improvements. Project Engineer HCDD1 Omar Anzaldua, Jr. PE PO#642716
Anaquitas - Budget 508
4. Approval of Application for Payment No. 1 in the amount of $221,030.81 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-21-040-10-05 Anaquitas. Project Engineer B2Z Engineering PO#643055
Mile 9 N & FM 1015 - Budget 524
5. Approval of Application for Payment No. 12 in the amount of $209,765.36 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-20-039-08-25 Mile 9 N & FM 1015. Project Engineer Halff Associates PO#640715
Mission - McAllen Rado - Budget 525
6. Approval of Application for Payment No. 1 in the amount of $99,749.46 from Gonzalez Engineering pertaining to Construction Contract No. C-HCDD1-21-023-07-27 Mission - Mcallen Rado. Project Engineer B2Z Engineering PO#642887 (Audio Reference 12m:56s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO "EVER" VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.D.1 through 6.

Vote: 4 - 0 - Unanimously

South Lateral Drain - Budget 534
7. Approval of Application for Payment No. 14 in the amount of $53,878.23 from Castle Enterprises pertaining to Construction Contract No. C-HCDD1-20-009-07-07 South Lateral Drain. Project Engineer L&G Engineering PO#640528 (Audio Reference 14m:35s)

Raul Sesin requested approval subject to legal review.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO "EVER" VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.D.7, subject to legal review.

Vote: 4 - 0 - Unanimously

K-07-02 Drain - Budget 542
8. Approval of Application for Payment No. 3 in the amount of $212,463.45 from Mor-Wil, LLC pertaining to Construction Contract No. C-HCDD1-21-049-10-19 K-07-02 Drain. Project Engineer B2Z Engineering PO#643151 (Audio Reference 14m:55s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO "EVER" VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 6.D.8.

Vote: 4 - 0 - Unanimously
 
7.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -86931
Mission Inlet - Budget 020
1. Approval of Application for Payment No. 13 in the amount of $100,643.40 from Castle Enterprises pertaining to Construction Contract No. C-HCDD1-20-002-02-11 Mission Inlet. Project Engineer L&G Engineering PO#639479
2. Approval of Application for Payment No. 14 in the amount of $87,480.00 from Castle Enterprises pertaining to Construction Contract No. C-HCDD1-20-002-02-11 Mission Inlet. Project Engineer L&G Engineering PO#639479
Alamo Expressway - Budget 320
3. Approval of Application for Payment No. 3 in the amount of $31,351.45 from Clore Equipment, LLC pertaining to Construction Contract No. C-HCDD1-22-001-03-08 Alamo Expressway Drain. Project Engineer HCDD1 Omar Anzaldua, Jr. PE PO#645596
Weslaco Drain - Budget 335
4. Approval of Application for Payment No. 8 in the amount of $120,341.88 from Castle Enterprises pertaining to Construction Contract No. C-HCDD1-21-017-06-01 Weslaco Drain. Project Engineer HCDD1 Omar Anzaldua, Jr. PE PO#642481
5. Approval of Application for Payment No. 9 in the amount of $66,060.90 from Castle Enterprises pertaining to Construction Contract No. C-HCDD1-21-017-06-01 Weslaco Drain. Project Engineer HCDD1 Omar Anzaldua, Jr. PE PO#642481 (Audio Reference 15m:17s)

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 7.A.1 through 5.

Vote: 4 - 0 – Unanimously
 
8.
 
General Fund:
 
A.
AI -86914
1. Requesting approval of Application for Payment No. 3 in the amount of $89,053.11 from Saenz Brothers Construction, LLC pertaining to Construction Contract No. C-HCDD1-21-044-11-02 San Carlos 83rd-87th St Drainage. Project Engineer HCDD1 Omar Anzaldua, Jr. PE. PO#645281. 
2. Requesting approval of Certificate of Substantial Completion and Certificate of Construction Completion from Saenz Brothers Construction, LLC pertaining to Construction Contract No. C-HCDD1-21-044-11-02 San Carlos 83rd St - 87th St Drainage Improvements. 
3. Requesting approval of Application for Payment No. Retainage in the amount of $68,868.99 plus $127.91 in interest from Saenz Brothrs Construction, LLC pertaining to Construction Contract No. C-HCDD1-21-044-11-02 San Carlos 83rd St - 87th St Drainage Improvements. (Audio Reference 16m:37s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 8.A.1 through 3.

Vote: 4 - 0 – Unanimously
 
9.
 
Human Resources:
 
A.
AI -86919
1. Approval to create Admin Slot 37, Accountant II, and set salary at G10, Step 1, no budget impact for 2022. Effective upon Board Approval (Audio Reference 17m:56s)

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 9.A.1.

Vote: 4 - 0 – Unanimously

2. Approval of revised salary schedule (Audio Reference 18m: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 9.A.2.
            
 Vote: 4 - 0 – Unanimously
 
10.
 
Right of Way Acquisitions:
 
A.
AI -86940
1. Requesting approval of closing documents for Parcel 1 as it relates to Terry Road - Rogers to North Branch Drain Stormwater Management Project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 18m:56s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 10.A.1.

Vote: 4 - 0 – Unanimously

2. Requesting approval of closing documents for Parcel 2 as it relates to Terry Road - Rogers to North Branch Drain Stormwater Management Project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 19m:10s)

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 10.A.2.

Vote: 4 - 0 - Unanimously
Attachments:
 
11.
 
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 19m:24s)

The Board did not proceed into closed session.
 
A.
 
Real Property (Tex. Gov't Code 551.072)

Reference agenda item 12.A.
 
B.
 
Personnel Matters (Tex. Gov't. Code 551.074)

Reference agenda item 12.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 11.C, as it was a closed session item.
 
12.
 
Open Session:

The Board did not proceed to the agenda items under Open Session.
 
A.
 
Possible Action of Real Estate Acquisition

No action was taken on agenda item 12.A.
 
B.
 
Possible Action on Pending and/or Potential Litigation

No action was taken on agenda item 12.B.
 
13.
 
Adjourn (Audio Reference 19m:24s)

Judge Cortez adjourned the meeting with a vote of approval at 9:53 A.M.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval to adjourn the meeting.

Vote: 4 - 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 9th day of August 2022

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 9, 2022.

Signed this 9th day of August 2022




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy