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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - December 18, 2018

BE IT REMEMBERED, that on this 18th day of December 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 DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOSEPH PALACIOS

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
December 18, 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 Eduardo "Eddie" Cantu called the meeting to order at 9:36 a.m.

Chairman Ramon Garcia and board member Joe M. Flores were absent from the meeting.
 
2.
 
Prayer

Opening prayer offered by Raul Sesin.
 
3.
 
Open Forum

Hon. Cantu acknowledged the presence of a group of volunteer students from Appalachian State University. The students volunteered with La Union Del Pueblo Entero (LUPE).

Cristela Rocha invited the board members to "El Sonido del Agua" event on January 26, 2019.

Joe Rodriguez complimented the drainage district for all the work they've done, and also acknowledged law enforcement for their patrolling during the holidays.

Donato Medina asked the public for prayers for family members.
Attachments:
 
4.
 
Approval of Consent Agenda

The board moved to approve the entire consent agenda.
 
5.
 
2018 Bond Referendum Projects:
 
A.
AI -68180
1).   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. 4, JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously

2).  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 "Mile 10 N & Mile 1 W -2018 Bond Referendum Project #21".
FIRM NAME: SCORE: RANK
Javier Hinojosa Engineering 95.67 1
B2Z Engineering, LLC 95.00 2
Melden & Hunt, Inc. 93.33 3
R. Gutierrez Engineering Corporation  91.67 4
CSJ Group 89.67 5

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: 2 - 0 – Unanimously

Hon. Joseph Palacios abstained from voting on this item.

3).  Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Professional Engineering Services Agreement with the number one ranked firm of Javier Hinojosa Engineering for the provisions of Professional Engineering Services for "Mile 10 N & Mile 1 W -2018 Bond Referendum Project #21".

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: 2 - 0 – Unanimously

Hon. Joseph Palacios abstained from voting on this item.
 
B.
AI -68231
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
CIP 133-2012 Bonds
Bdgt: 300-J09 Drain

1. Application for payment No. 4 in the amount of $128,166.30 from Rigney Construction, LLC pertaining to Construction Contract No. HCDD1-18-015-03-28-J09 Drain Improvements Phase 2-Roadway & Field Crossings.
Project Engineer: Jason M. Adams, P.E.-Tedsi Infrastructure Group
PO#634435

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: 3 - 0 – Unanimously

Meeting recessed at 9:47 a.m.

2. Application for Payment No. 3  in the amount of $154,128.07 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-020-05-08 J09 Phase 3 Drainage Improvements.
Project Engineer: Jason M. Adams, P.E.-Tedsi Infrastructure
PO#634761

Meeting reconvened at 9:48 a.m.

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: 3 - 0 – Unanimously
 
C.
AI -68229
Drainage District-General Operations Matters

Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 1 for additional services in relation to the professional engineering services agreement with S&B Infrastructure LTD, for the provision of construction engineering inspection and management services for the improvements to the Pharr-McAllen South Drain Construction project  in the amount of $39,033.21.  Subject to Legal Review and compliance to HB1295 (if applicable).

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: 3 - 0 - Unanimously
 
D.
AI -68213
1).   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. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
                                                        
 Vote: 2 - 0 – Unanimously

2).  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 "Southwest Weslaco -2018 Bond Referendum Project #35".
FIRM NAME: SCORE: RANK
Alpha Infrastructure Engineering, PLLC 92.00 1
Strada Engineering and Consulting, LLC 87.67 3
CSJ Group 89.67 2

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: 2 - 0 – Unanimously

3).  Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Professional Engineering Services Agreement with the number one ranked firm of Alpha Infrastructure Engineering, PLLC. for the provisions of Professional Engineering Services for "Southwest Weslaco -2018 Bond Referendum Project #35".

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: 2 - 0 – Unanimously

Hon. Joseph Palacios abstained from voting on Item.5.D.1 to 3.
Attachments:
 
E.
AI -68211
1).   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. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
                                                        
 Vote: 2 - 0 – Unanimously

2).  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 "Mile 10 N & Baseline Road -2018 Bond Referendum Project #20"
FIRM NAME: SCORE: RANK
Quintanilla, Headley & Associates, Inc. 94.67 1
TEDSI Infrastructure Group, Inc. 93.67 3
S & B Infrastructure Group, Ltd. 94.00 2

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: 2 - 0 – Unanimously

3).  Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Professional Engineering Services Agreement with the number one ranked firm of Quintanilla, Headley & Associates, Inc. for the provisions of Professional Engineering Services for "Mile 10 N & Baseline Road -2018 Bond Referendum Project #20".

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: 2 - 0 – Unanimously

Hon. Joseph Palacios abstained from voting on Item. 5.E. 1 to 3.
 
F.
AI -68208
1).   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. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
                                                        
 Vote: 2 - 0 – Unanimously

2).  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 "Highway 281 & FM 88 -2018 Bond Referendum Project #14".
FIRM NAME: SCORE: RANK
Cruz-Hogan Consultants, Inc. 91.00 1
South Texas Infrastructure Group, LLC 90.00 2
Cortran Engineering, PLLC 89.67 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: 2 - 0 – Unanimously

3).  Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Professional Engineering Services Agreement with the number one ranked firm of Cruz-Hogan Consultants, Inc. for the provisions of Professional Engineering Services for "Highway 281 & FM 88 -2018 Bond Referendum Project #14".

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: 2 - 0 – Unanimously

Hon. Joseph Palacios abstained from voting on Item.5.F 1 to 3.
 
G.
AI -68203
1).   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. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
                                                        
 Vote: 2 - 0 – Unanimously

2).  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 "FM 493 & Country Road -2018 Bond Referendum Project #12".
FIRM NAME: SCORE: RANK
SAMES, Inc. 95.33 1
Perez Consulting Engineers 94.33 2
Melden & Hunt, Inc. 93.33 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: 2 - 0 – Unanimously

3).  Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Professional Engineering Services Agreement with the number one ranked firm of SAMES, Inc. for the provisions of Professional Engineering Services for "FM 493 & Country Road -2018 Bond Referendum Project #12".

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: 2 - 0 – Unanimously

Hon. Joseph Palacios abstained from voting on Item.5.G. 1 to 3.
 
H.
AI -68201
1).   Request exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4) for Professional Engineering Services.

2).  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 "East Mercedes -2018 Bond Referendum Project #10B".
FIRM NAME: SCORE: RANK
R. Gutierrez Engineering Corporation 91.67  
SWG Engineering, LLC 90.00  
Dannenbaum Enginering Company - McAllen, LLC 91.33  

3).  Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Professional Engineering Services Agreement with the number one ranked firm  _______________________________, for the provisions of Professional Engineering Services for "East Mercedes -2018 Bond Referendum Project #10B".

No action taken on Item.5.H. 1 to 3.
Attachments:
 
I.
AI -68181
1).   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. 2, EDUARDO “EDDIE” CANTU, the Boardt made a UNANIMOUS vote of approval.
                                                        
 Vote: 2 - 0 – Unanimously

2).  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 "Mile 9 N & FM 1015 -2018 Bond Referendum Project #24".
FIRM NAME: SCORE: RANK
Dannenbaum Engineering Company – McAllen, LLC 91.33 3
SWG Engineering, LLC 90.00 5
Halff Associates, Inc. 96.67 1
Perez Consulting Engineers 94.33 2
Cruz-Hogan Consultants, Inc. 91.00 4

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: 2 - 0 – Unanimously

3).  Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Professional Engineering Services Agreement with the number one ranked firm of Halff Associates, Inc.  for the provisions of Professional Engineering Services for "Mile 9 N & FM 1015 -2018 Bond Referendum Project #24".

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: 2 - 0 – Unanimously

Hon. Joseph Palacios abstained from voting on Item.5.I. 1 to 3.
 
6.
AI -68198
2012 Bond Referendum - 2013 Bond Series:
A.  Approval of Budget Amendment in  to transfer Funds from the contingency account of Fund 133 to the Following Projects.
       1.  Raymondville Drain in the amount $37,863.45
       2.  J-09 Drain in the amount of $90,962.33
       3.  South Pharr McAllen Lateral in the amount of $106,336.68
       4.  South Mercedes Lateral in the amount of $17,851.41
       6.  Rural Drainage Development Pct 1 in the amount of $7,491.46
       7.  Rural Drainage Development Pct 2 in the amount of $18,497.07
       8.  Rural Drainage Development Pct 4 in the amount of $386,249.60
       9.  Control Structures in the amount of $472,900.57

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 on 1 to 9.
                                                                              
 Vote: 3 - 0 – Unanimously
Attachments:
 
7.
AI -68174
Drainage District-General Operations
A. 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 Engineering Services" (2019), 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: 3 - 0 – Unanimously

Sesin asked the board to amend first motion and approve pending legal review.

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

Vote: 3 - 0 - Unanimously

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 subject to legal review.
                                                                              
 Vote: 3 - 0 – Unanimously

The board proceeded to closed session.
Attachments:
 
8.
AI -68179
Drainage District -General Operations
A. Requesting approval of Supplemental Agreement No. 1 to the Professional Engineering Services Contract (C-HCDD1-17-040-06-27), with L&G Engineering, for the project: "Pct. 2 & 3 Roadway System Off-Site Drainage Improvements", to reflect an extension to the termination date for additional two (2) years. (subject to Legal review and compliance to HB1295)

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: 3 - 0 - Unanimously
 
9.
AI -68177
Drainage District - General Operations
A.  Requesting approval for payment of claims to the following District vendors and authorization for County Treasurer to issue payment after review and auditing procedures are completed.
       1.  Halff Associates, Inc.  Invoice Nos. 15767 and 15787 totaling $147,780.89.

Raul Sesin explained that originally there was two invoices totaling $147,780.89 but later found out they had submitted some time prior to the authorization being executed on July 31st. According to Sesin, they have an e-mail were the company explains they erroneously submitted that information. They have now re-submitted that information with an invoice starting August 7th for $142,502.22 which is the whole project of the evaluation done in precinct 1. This is for the post-storm evaluation. Sesin presumed that there could have been internal confusion since they had been working since June 20th. 

The drainage director disclosed that he witness the company working right after the event at the precinct site and with the district as well. Sesin noted that as an abundance of caution they placed this as a claim but with all the backup submitted, it's post work authorization. 

Hon. Fuentes questioned if they cleared the item with legal. Sesin said that he wasn't aware if everything was submitted to legal but they have all the information. Hon. Fuentes suggested approving the item subject to legal. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval subject to legal. 
                                                                              
 Vote: 3 - 0 – Unanimously

       2.  S & B Infrastructure, Inc. in the amount $64,594.76

Sesin informed that these are working authorizations issued for legal services under the S & B umbrella for their projects. There was services provided beyond the work authorization.

Martha Salazar said that regarding the authority to advertise for the pool, if the district was to wait to let out that pool as they are completely revamping the procurement packaging due to the FEMA requirements. This is to ensure the ability to get reimbursed, and suggested the board to wait until it is completed sometime in January. Salazar said she has suggested the DA's Civil Section procurement person attend the tutorials.

Sesin said they could wait until January but no later than that. Salazar suggested approving the item but stating that it can't be advertise until new package is complete.

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 subject to legal and not to advertise until new package is complete. 
                                                                              
 Vote: 3 - 0 – Unanimously

Sesin petitioned the board moving back to Item.7 to amend motion.

The board proceeded back to Item.7.
 
10.
 
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. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
A.
 
Real Estate Acquisition

No action taken on this item.
 
B.
 
Pending or contemplated litigation; a settlement offer; and/or 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.

No action taken on this item.
 
11.
 
Open Session:
 
A.
 
Real Estate Acquisition

Authority for Raul Sesin to execute the extension completion deadline JO9 project drainage facility as it relates to the JO9 project.

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: 3 - 0 – Unanimously
 
B.
 
Pending and/or Potential Litigation

No action taken on this item.
 
12.
 
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
13.
 
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
14.
 
Adjourn

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: 3 - 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 18th day of December, 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 December, 2018.

Signed this 18th day of 2018




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


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