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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - January 30, 2018

BE IT REMEMBERED, that on this 30th day of January A.D., 2018, 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 JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

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
January 30, 2018
9:00 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL 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

Board Member Joe M. Flores was the only absentee.
 
2.
 
Prayer

Raul Sesin led the courtroom in Prayer.
 
3.
 
Open Forum
  • Ms. Lugo thanked Precinct 1, Commissioner David Fuentes for delivering trash cans to the subdivision.
  • Alondra Ortiz resident of Eduardo No.5 subdivision thanked Commissioner Flores for assisting in the clean up and considering the light street issues.
  • Ms. Castro also from Eduardo No.5 thanked Commissioner Flores for cleaning the neighborhood. Castro petitioned to consider the matter of public lighting.
  • Another resident from Eduardo No.4 in Mission, came to court to thanked Commissioner Flores for providing containers to the neighborhood. The constituent asked the court to provide translation for the Non-Enghlish speaking audience.
 
4.
 
Approval of Consent Agenda

The board moved to approve the entire consent agenda.
 
5.
AI -63411
Requesting approval of closing documents for Parcel 19 as it relates to Cesar Chavez Drain Ph II project and authority for the Chairman of the Board to execute documents, pending final legal review.

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: 4 - 0 -Unanimously
Attachments:
 
6.
AI -63453
Requesting authority to advertise and approval of Request for Qualifications (RFQ) packet (including qualifications, requirements, and scope of services) as attached hereto for "Hidalgo County Drainage District No. 1 Pool of Professional Services" for the following;
A. Engineers Services - RFQ No. HCDD1-18-007-02-21 
B. Real Estate Appraisal Services - RFQ No. HCDD1-18-008-02-21 
C. Surveying Services - RFQ No. HCDD1-18-009-02-21 

for selection of firms per project on an "as needed basis" through grading/scoring, ranking, negotiation protocol as established by the Hidalgo County Drainage District No. 1 Board of Directors.

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: 4 - 0 - Unanimously
 
7.
AI -63465
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: 4 - 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 Construction Material Testing Services-On Call" for  Hidalgo County Drainage District No.1 Projects.  
FIRM NAME: SCORE: RANK:
Professional Service Industries, Inc. (PSI) 96 2
Millennium Engineers Group (MEG)  98 1
International Consulting Engineers (ICE)    94 3

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: 4 - 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, Millennium Engineers Group (MEG) , for the provision of "Professional Construction Material Testing Services-On Call" for  Hidalgo County Drainage District No.1 Projects.

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: 4 - 0 – Unanimously
 
8.
AI -63474
A.  Discussion and action on tax resale bids received on October 3, 2017 on the properties (see attached list)

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: 4 - 0 – Unanimously

B.  Discussion and action on Resolution approving the tax resale bids received on October 3, 2017

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously
Attachments:
 
9.
AI -63479
Requesting acceptance and approval of Donation Deed from Intermediary Services Inc as it relates to a 2.33 Acre tract of land of Lot 1 Block 23 of Santa Cruz Gardens Unit No. 2.

Raul Sesin informed that there's a drain ditch that the district will be improving. 


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: 4 - 0 -Unanimously
 
10.
AI -63488
Requesting approval of Inter Local Agreement by and between Hidalgo County Drainage District No.1 and North Alamo Water Supply Co. as it relates to Proposed Ditch / Canal Crossing North Alamo Regional WWTP - Collection System Project. (Pending final Legal review).

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: 4 - 0 – Unanimously
 
11.
AI -63489
A.) Requesting exemption from competitive bidding requirements under Texas Local Government Code, Chapter 262.024 (a)(7)-"items for which competition is precluded because of existence of patents, copyrights, secret process or monopolies" in connection   with SAGE Software, Inc., for SAGE Fixed Assets Software Maintenance, Technical Support, and Software Updates/Upgrades.

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

Vote: 4 - 0 – Unanimously

B.) Approval of "Sole Source Declaration" for SAGE Software, Inc, for the purchase of SAGE Software Products, Software Maintenance, Technical Support, and Software Updates/Upgrades, with authority to purchase SAGE Fixed Assets Business Care Gold including SAGE Fixed Assets Track Pack Software License and Support for the year 2018 in the total amount of $2,862.00 and thereafter annually for as long as HCDD1 possess the software with Sole Source declaration to remain in effect unless otherwise revoked by the HCDD1 Board of Directors.

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: 4 - 0 – Unanimously
 
12.
AI -63497
Requesting approval for a 15' NAWSC Easement as it relates to HCDD No. 1 property ID 841709 and authority for the Chairman of the Board to execute documents, pending final legal review.

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: 4 - 0 – Unanimously
Attachments:
 
13.
AI -63498
CIP 130
Budget 005-Gnl Fund Administration Building

A: For Clarification purposes only, Agenda Item No. 61880 (B) amount should be $32,709.50 for File No. 153780 payable to Valley Land Title Co.

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: 4 - 0 -Unanimously
 
14.
AI -63512
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
2013 Bonds CIP 133
Budget 315-Pharr-McAllen South Drain Outfall

A. Application for Payment No. 1 in the amount of $218,098.80 from Jimenez Engineering Solutions, LLC D/B/A International Consulting Engineers related to Construction Contract No. HCDD1-17-005-02-21-Pharr Mcallen South Drain Outfall Improvements. 
Project Engineer: Hector J. Lopez, P.E., S&B Infrastructure, LTD.
PO#631848

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: 4 - 0 – Unanimously
Attachments:
 
15.
AI -63516
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
A. 2012 Bond Referendum, Precinct #1 Rural Drainage Development- Fund 133
1.  Request for Payment to Tedsi Infrastructure Group, Inc on Old River Road, WA No. 20,  Invoice #2017159 in the amount of $2,715.56  relating to Preliminary Engineering Report Study.

On motion by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously 

2. Request for Payment to Tedsi Infrastructure Group, Inc  on  Lucero Del Norte Rural Drainage Improvements,  WA No. 18, Invoice #2017157 in the amount of $400.00 relating to Construction Inspection Contract Management.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously

3. Request for Payment to Tedsi Infrastructure Group, Inc.  Ditch 23, WA No.16, Invoice 2017112 in the amount of $15,500 and Invoice #201756 in the amount of $2,000.00 for the Development of the Preliminary Engineering Report for Ditch 23.

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: 4 - 0 – Unanimously

B. 2012 Bond Referendum, Precinct #1 Lateral IBWC  Flood Pump Structures - Fund 133
1.  Request Payment to Tedsi Infrastructure Group Inc. for the Mercedes Lateral Flood Pump WA No. 24, Invoice # 2017160 in the amount of $31,032.68  for the Construction and Inspection Management.

Raul Sesin reported that they're 99% done with the structure, the work has been completed and are trying to close the project with the firm. Sesin explained that the clause in the contract states that the fee can only be adjusted 10% down. Paying this invoice will still leave a pending amount of $1,120.78 in addition, there's still a portion of the contract that needs to be looked at in regards to construction management services that were originally in the base contract. Sesin noted that the amount is still pending his review. Once Sesin reviews, he will bring back to the board for approval. 

Lora Briones explained to the board that the contract with TEDSI Infrastructure is lacking some of the disclosure for the sub-contractors used previously. She stated that if engineers do not disclosed all sub-contractors, they typically hold their payment. 

Steve Crain suggested to wait on this item until after closed session.

2.  Request Payment to Tedsi Infrastructure Group Inc. for the East Donna Drain Flood Pump, WA No. 26, Invoice # 2017162 in the amount of  31,230.33 for the Construction and Inspection Management.

Action until after closed session.

No action taken on Item.15.B.1 and 2.

The board proceeded to Item.20.


C.  Request approval of a Budget Amendment in the amount of $1,669,195.91 from the District's General Fund to fund the open purchase orders from 2017.   

Sesin noted that they have 51 bond and 51 non-bond ongoing projects

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: 4 - 0 – Unanimously
Attachments:
 
16.
 
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. 4, JOSEPH PALACIOS, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.

Vote: 4 - 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 -63507
Cause No. C-0373-17-E; Hidalgo County Drainage District No. 1 v. Integ Corporation, et al

No action taken on this item.
 
17.
 
Open Session:
 
A.
 
Real Estate Acquisition

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

Proceed as Directed.
 
C.
AI -63508
Cause No. C-0373-17-E; Hidalgo County Drainage District No. 1 v. Integ Corporation, et al

Proceed as Directed.

Board proceeded back to Item.15.B.1 and 2.
 
18.
 
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
19.
 
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
20.
 
Adjourn

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: 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 30th day of January, 2018

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 January 30, 2018.

Signed this 30th day of JANUARY 2018




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


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