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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - February 21, 2017

BE IT REMEMBERED, that on this 21st day of February A.D., 2017, 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 RAMON GARCIA

HONORABLE DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOE M. FLORES

HONORABLE JOSEPH PALACIOS
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
February 21, 2017
9:00 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Drainage District #1 Board of Directors will be held at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
1.
 
Roll Call

Board Member Joe M. Flores was not present during roll call.
 
2.
 
Prayer

Raul Sesin led the courtroom in Prayer.
 
3.
 
Open Forum

Board Member Joe M. Flores joined the meeting.

1) Elizabeth Marquez, LUPE organization, spoke in favor of new model subdivision rules. Marquez specifically supports the requirement for public lighting and the 25 year standard for drainage. Emphasizing that developers should be held accountable for basic infrastructures before selling. Additionally, petitioning being included in all the meetings with precinct 3 and Mr. Sesin.

2) Martha Sanchez commented that they are waiting to meet with precinct 3 and with Raul Sesin.

3) Andrea Landeros thanked Commissioner Fuentes for the clean up provided to the community.
 
4.
 
Approval of Consent Agenda

The board approved the entire consent agenda.
 
5.
AI -58601
A.) Discussion on Hidalgo County Drainage District No.1 Drainage projects, maintenance and operations:

1.) Presentation to Texas Public Works Association

Raul Sesin informed they will be attending a meeting at the McAllen, EOC. They'll discuss various county drainage projects.

2.) La Joya Watershed Improvements South Detention Basin (Phase I)

Sesin notified that this is precinct 3 project,which is about 60% complete.  The county is currently working on it but the district is expected to take over. 
 
6.
AI -58630
Presentation, discussion and action on $7 Million grant received through the RESTORE Act.

Pepe Caso brief the court in the matter of the RESTORE Act Raymondville Drain. Remiding the court that a year ago they submitted an application in conjunction with Hidalgo County Drainage District No. and Delta Lake Irrigation District. These were preliminary awarded $7 million from the RESTORE Act. 

Caso informed that the State of Texas received over 200 applications requesting a combined total of $1.1 billion in funding. Hidalgo County is one of the less than 20 entities in consideration for the preliminary funding. 

The Raymondville Drain is expected to create a new channel that will outfall to the Gulf of Mexico. This will provide flood relief for all of Hidalgo County. 

According to Caso, the next phase is the Texas Multi-Year Implementation Plan (MIP), which list the projects that will receive funding. This will be posted for public comments in the Texas Register for a 45-day period, giving the public the opportunity to provide input. 

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
 
7.
AI -58642
Discussion and action to submit letter to Department of Homeland Security regarding Continued Partnership for Protecting the US/Mexico Border - Border Levee Strengthening & Security Infrastructure Project
DHS - CBP-08-112-001 (including Amendments A001-A004)

Sesin disclosed that this letter is a layout plan of what they consider will be a good plan for the levee improvements. They are hoping to partner with DHS, as there might be available funds. Therefore, they are asking for the reminding balance of $378,827,200.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
Attachments:
 
8.
AI -58548
Ratification of the fully executed Change Orders 1 through 4 reflecting increases in the number of contract calendar days and no changes in the contract amount, for contract No.C-HCDD1-16-026-06-07 as recommended by  Mr. Raul E. Sesin, P.E. subject to compliance with HB1295 when and if applicable.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
 
9.
AI -58560
Request approval on the following items:
A.  Application for Payment No. 11 in the amount of $2,778.71 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-15-009-07-22A-Pct.4 Hoehn Road Area Drainage & Road Improvement.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously

B.  Acceptance of Certificate of Substantial Construction Completion pertaining to Construction Contract HCDD1-15-009-07-22A-Pct.4 Hoehn Road Area Drainage & Road Improvement.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 

C. Acceptance of Certificate of Construction Completion pertaining to Construction Contract HCDD1-15-009-07-22A-Pct.4 Hoehn Road Area Drainage & Road Improvement. 

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Board Member Joseph Palacios commented that more than 100 home sites benefited with sanitary sewer, drainage and roadway infrastructure. 

The board member thanked the media for covering the project.

D. Application for Payment No. 12-Retainage Release in the amount of $125,307.20 from Texas Cordia Construction, LLC pertaining to Construction Contract No. HCDD1-15-009-07-22A-Pct.4 Hoehn Road Area Drainage & Road Improvement.
Project Engineer: Noe Saldivar, P.E. -Hidalgo County Draiange District in lieu of DOS Logistics, Inc.
PO#627645.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board  made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

E. Application for Payment No. 5 in the amount of $55,454.40 from Jimenez Engineering Solutions, LLC D/B/A International Consulting Engineers (ICE) pertaining to Construction Contract No. HCDD1-16-031A-08-09-Mile 6 West & Mile 14 North Area Drainage Improvement.
Project Engineer: Noe Saldivar, P.E.-Hidalgo County Drainage District.
PO#630318.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

F. Application for Payment No. 1 in the amount of $129,356.28 from Mor-Wil, LLC  pertaining to Construction Contract No. HCDD1-16-040-089-16 Pct.1 East Donna Drain Flood Pump.
Project Engineer: Mark Corbitt, P.E. -Tedsi Infrastructure Group
PO#630511.

Board Member Joseph Palacios stepped away from the meeting.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

G. Application for Payment No. 1 in the amount of $44,163.50 from Venser Contractors, LLC pertaining to Construction Contract No. HCDD1-16-045-09-27 Kenyon Rd & Mile 17 Area Drainage Improvements.
Project Engineer: Noe Saldivar, P.E.-Hidalgo County Drainage District No. 1
PO#630834

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
10.
AI -58577
A. Requesting approval to accept bids and approval to execute a Construction Contract to lowest bidder meeting all specified requirements, Jimenez Engineering Solutions, LLC dba International Consulting Engineers for RFB No. HCDD1-17-005-02-08  "Pharr McAllen South Drain Outfall Improvements at USIBWC Main Floodway", in the total bid amount of $1,049,931.00 as recommended by project engineer S&B Infrastructure, LTD, subject to compliance with HB1295

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 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 ...'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".

Board Member Joseph Palacios joined the meeting.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
 
11.
AI -58596
Requesting approval of Work Authorization No. 2 to Agreement for Professional Engineering Services with Halff Associates, Inc. as it relates to Engineering Services for New Administration Facility & Site Improvements Project for a total amount of $11,367.50. (subject to compliance with HB 1295)  

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
Attachments:
 
12.
AI -58605
A.) Requesting approval of Right of Entry with STT Land Co. LTD, for the purpose of conducting geo-technical soil testing as it relates to Military Rd. Outfall Project.

Sesin informed that this is for a right-of-way entry construction. 

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

B.) Requesting approval of Donation Deed from STT Land Co, LTD, 15.0' Drainage easement as it relates to Military Rd. Outfall Project.

Sesin stated that this is also a 75 foot drain ditch right-of-way dedication.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
Attachments:
 
13.
AI -58606
A.) Request exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services.

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously

B.) Presentation of scoring grid ( for the purposes of ranking by HCDD1 Board of Directors) of the firms graded and evaluated through the District's approved "Pool" of Engineering Firms for the provision of "Professional Engineering Services" for Delta Region Water Management Project.
 
FIRM NAME: SCORE: RANK:
L & G Engineering Transportation Consultants 98 1
Terracon Consultants, Inc. 95 2
LNV, Inc. 92 3

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously

C.) Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate Professional Engineering Services Agreement with the number one ranked firm of L & G Engineering Transportation Consultants, for the provisions of Professional Engineering Services for Delta Region Water Management Project.

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously
 
14.
AI -58607
Requesting approval of Non Objection Letter from Electric Transmission Texas, LLC as it relates to J-09 project and authority for Drainage District General Manager to execute. Pending legal final review.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
 
15.
AI -58564
Approval to exercise District's option to terminate agreement under Article 3.4(2) as stated in the current Agreement for Professional Engineering Services with DOS Logistics, Inc. for "Pct.4 Rural Drainage Development Projects -Hoehn Road/Bandera Area Drainage Improvements", to include related Work Authorizations and Supplemental Agreements, with authorization to issue written notice of termination to DOS Logistics, Inc.,  and for HCDD1 Engineer, Noe Saldivar, P.E., to assume the role as Project Manager for project closing procedures.

On motion by BOARD MEMBER PCT. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
 
16.
AI -58570
Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 in relation to the "New Administration Facility & Site Improvements Project",  agreement No. HCDD1-17-002-01-10 with Halff Associates, Inc., to introduce a Sub-Consultant and revision to scope of work to provide Structural Engineering.  Subject to Legal Review. 

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
                                        
Vote: 5 - 0 - Unanimously
 
17.
AI -58599
Request approval to issue Termination Notice for the following listed Work Authorizations and Supplemental Agreements  for Professional Services with TEDSI Infrastructure Group, Inc. in connection to  Precinct No. 1 2012 Bond Referendum Improvement Projects Contract with Hidalgo County Drainage District No. 1, as stated (under Article 3.4 (5)-Termination by Owner without cause upon thirty (30) days written notice to the Engineer).
Work Authorizations:
-From W-A1 -Engineering work as it pertains to Weslaco Drain Flood Pump Structure of the 2012 bond Projects.
-From W-A4 -Supplemental No. 1, 3, 4 Relating to the Monte Cristo Drain Control Structure,
-From W-A5 -Relating to Manage Remainder of all Pct. #1 projects.
-From W-A6 -Relating to Corporate Sponsorship for the current contract.
-From W-A15 -Relating SH68 Segment D Portion.

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
                                                                              
 Vote: 5 - 0 – Unanimously
 
18.
AI -58604
A.) Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services.  

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously 

B.) Presentation of scoring grid (for the purposes of ranking by HCDD1 Board of Directors) of the firms graded and evaluated through the District's approved "Pool" of Engineering Firms for the provision of "Professional Engineering Services to assist HCDD#1 in securing additional funding from the Department of Homeland Security (DHS) needed to complete the "River Protective Levee Infrastructure Project".
  
FIRM NAME: SCORE: RANK:
Ambiotec Civil Engineering Group, Inc. 89 3
Dannenbaum Engineering Company-McAllen, TX 95 1
SWG Engineering, LLC 92 2

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously

C.) Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate Professional Engineering Services Agreement with the number one ranked firm Dannenbaum Engineering Company-McAllen, Tx., for the provisions of Professional Engineering Services to assist HCDD#1 in securing additional funding from the Department of Homeland Security (DHS) needed to complete the "River Protective Levee Infrastructure Project". 

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
 
19.
 
Closed Session:
Board of Directors may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously

Drainage District Reconvened meeting at 11.20 a.m.

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
 
A.
 
Real Estate Acquisition

No action taken on this item.
 
B.
 
Pending and/or Potential Litigation

No action taken on this item.
 
C.
AI -58597
Consultation with Legal Counsel regarding matters relating to 2012 Bond Election

No action taken on this item.
 
20.
 
Open Session:
 
A.
 
Real Estate Acquisition

Proceed as Directed.
 
B.
 
Pending and/or Potential Litigation

Proceed as Directed.
 
C.
AI -58598
Consultation with Legal Counsel regarding matters relating to 2012 Bond Election

Drainage District Recessed meeting at 10:00 a.m.

Board Member Eduardo "Eddie" Cantu did not returned from Closed Session.

Proceed as Directed.

Board Proceeded to Adjourn.
 
21.
 
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
22.
 
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
23.
 
Adjourn

On motion by BOARD MEMBER PCT. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

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 21st day of February, 2017

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Norma G. Cantu, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on February 21, 2017.

Signed this 21st day of FEBRUARY 2017




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


By: ____________________________
(Seal) Norma G. Cantu, Deputy