SPECIAL MEETING - January 9, 2019
BE IT REMEMBERED, that on this 9th day of January A.D., 2019, 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 RICHARD F. CORTEZ HONORABLE DAVID FUENTES HONORABLE EDUARDO "EDDIE" CANTU HONORABLE JOE M. FLORES 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 January 9, 2019 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 Chairman Richard Cortez called the meeting to order at 9:18 a.m.
All members of the board were present during the meeting.
Board Chairman Richard Cortez called the meeting to order at 9:18 a.m.
All members of the board were present during the meeting.
2.
Prayer
Opening prayer offered by Raul Sesin.
Opening prayer offered by Raul Sesin.
3.
Open Forum
No comments under open forum.
No comments under open forum.
4.
Approval of Consent Agenda
The board moved to approve the entire consent agenda.
The board moved to approve the entire consent agenda.
5.
AI -68336
A. Discussion and approval of all personnel actions approved after September 25 , 2018 (2019 Budget Adoption Date) for the District's Admin and Maintenance and Operation Budgets.
Raul Sesin informed that they have several positions that were created after the budget adoption.
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
B. Request approval of budget amendments from the District's General Fund in the amount of $97,995.18 to fund Item A in 2019.
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: 5 - 0 -Unanimously
C. Approval of Revised Salary Schedule for 2019.
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
Raul Sesin informed that they have several positions that were created after the budget adoption.
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
B. Request approval of budget amendments from the District's General Fund in the amount of $97,995.18 to fund Item A in 2019.
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: 5 - 0 -Unanimously
C. Approval of Revised Salary Schedule for 2019.
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:
6.
General Operations Matters:
A.
AI -68259
Drainage District -General Operations
Ratification of approved Notice to Suspend Work issued to Castle Enterprises, LLC, related to Construction Contract No. C-HCDD1-18-047-09-25 for Hidalgo County Drainage District No. 1 "Alamo Expressway Drain". Effective: 12/28/18.
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
Ratification of approved Notice to Suspend Work issued to Castle Enterprises, LLC, related to Construction Contract No. C-HCDD1-18-047-09-25 for Hidalgo County Drainage District No. 1 "Alamo Expressway Drain". Effective: 12/28/18.
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
Attachments:
7.
2018 Bond Referendum Projects:
A.
AI -68360
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. 3, JOE M. FLORES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 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 11 N & Texas Boulevard - 2018 Bond Referendum Project # 23".
Chairman Cortez questioned Sesin as to the complicity of work for the engineers. Sesin noted that it could depend on the drainage work. Once more, Cortez asked Sesin wether this was basic, complex, or real complex work. On that note, Sesin said this would be between basic and complex as most of the ground work has been done already. Based on the response, the chairman inquired what caused the ranking between one engineer and the other. Sesin disclosed that evaluations were done by his staff of engineers by looking at historical information based on similar type of work.
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
3.) Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Professional Engineering Services agreement with the numbrer one ranked firm of CSJ Group, for the provisions of Professional Engineering Services for "Mile 11 N & Texas Boulevard - 2018 Bond Referendum Project # 23".
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
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
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 11 N & Texas Boulevard - 2018 Bond Referendum Project # 23".
| FIRM NAME: | SCORE: | RANK: |
| Cortran Engineering, PLLC | 89.6 | 2 |
| Strada Engineering and Consulting, LLC | 88.0 | 3 |
| CSJ Group | 90 | 1 |
Chairman Cortez questioned Sesin as to the complicity of work for the engineers. Sesin noted that it could depend on the drainage work. Once more, Cortez asked Sesin wether this was basic, complex, or real complex work. On that note, Sesin said this would be between basic and complex as most of the ground work has been done already. Based on the response, the chairman inquired what caused the ranking between one engineer and the other. Sesin disclosed that evaluations were done by his staff of engineers by looking at historical information based on similar type of work.
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
3.) Pursuant to the Boards approval requesting authority for Hidalgo County Drainage District No.1 to negotiate a Professional Engineering Services agreement with the numbrer one ranked firm of CSJ Group, for the provisions of Professional Engineering Services for "Mile 11 N & Texas Boulevard - 2018 Bond Referendum Project # 23".
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.
AI -68340
1. Requesting approval to accept bids and award a Construction Contract to lowest and best bidder meeting all specified requirements for RFB No. HCDD1-19-002-12-28, "Pharr-McAllen Drain Improvements", to Mor-Wil, LLC, for Base Bid in the total amount $654,951.32, as recommended by Project Engineer (subject to Legal Approval and Compliance with HB1295).
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: 5 - 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 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".
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: 5 - 0 -Unanimously
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: 5 - 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 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".
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: 5 - 0 -Unanimously
Attachments:
C.
AI -68312
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. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 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 "East Mercedes -2018 Bond Referendum Project #10B".
Chairman Cortez questioned what the difference was between 7.C.2 & 7.A.2. in terms of work. Sesin informed that these are general drainage projects, some have drain ditch component and some have pipe work. According to Sesin, this project has a lot of both work, and the other one is more general drainage work on detention facilities. Cortez asked if they had to chose the engineering group with the highest score? The drainage director said it was his understanding of how this traditionally works.
Legal counsel advised they could approve the ranking or reject the ranking. Once again, Cortez asked specifically if they were obligated to select the highest ranking based on the evaluation done by drainage. Counsel said he needed to find out.
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: 4 - 0 - Unanimously
Board Member Eduardo "Eddie" Cantu opposed to the action 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 R. Gutierrez Engineering Corporation for the provisions of Professional Engineering Services for "East Mercedes -2018 Bond Referendum Project #10B".
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: 4 - 0 - Unanimously
Board Member Eduardo "Eddie" Cantu opposed to the action item.
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: 5 - 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 "East Mercedes -2018 Bond Referendum Project #10B".
| FIRM NAME: | SCORE: | RANK |
| R. Gutierrez Engineering Corporation | 91.67 | 1 |
| SWG Engineering, LLC | 90.00 | 3 |
| Dannenbaum Enginering Company - McAllen, LLC | 91.33 | 2 |
Chairman Cortez questioned what the difference was between 7.C.2 & 7.A.2. in terms of work. Sesin informed that these are general drainage projects, some have drain ditch component and some have pipe work. According to Sesin, this project has a lot of both work, and the other one is more general drainage work on detention facilities. Cortez asked if they had to chose the engineering group with the highest score? The drainage director said it was his understanding of how this traditionally works.
Legal counsel advised they could approve the ranking or reject the ranking. Once again, Cortez asked specifically if they were obligated to select the highest ranking based on the evaluation done by drainage. Counsel said he needed to find out.
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: 4 - 0 - Unanimously
Board Member Eduardo "Eddie" Cantu opposed to the action 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 R. Gutierrez Engineering Corporation for the provisions of Professional Engineering Services for "East Mercedes -2018 Bond Referendum Project #10B".
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: 4 - 0 - Unanimously
Board Member Eduardo "Eddie" Cantu opposed to the action item.
8.
Right of Way Acquisitions:
A.
AI -68294
Requesting approval of closing documents for Parcel 15 as it relates to Raymondville Drain Ph 1 Segment 1 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. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
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: 5 - 0 -Unanimously
Attachments:
9.
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. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
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. 1, DAVID FUENTES, 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.
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.
No action taken on this item.
C.
AI -68313
Cause No. C-0373-17-E; Hidalgo County Drainage District No. 1 v. Integ Corporation, et al
No action taken on this item.
No action taken on this item.
10.
Open Session:
A.
Real Estate Acquisition
Proceed as Directed.
Proceed as Directed.
B.
Pending and/or Potential Litigation
No action taken on this item.
No action taken on this item.
C.
AI -68314
Cause No. C-0373-17-E; Hidalgo County Drainage District No. 1 v. Integ Corporation, et al
No action taken on this item.
No action taken on this item.
11.
Closed Session:
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
No action taken on this item.
Board of Directors may reconvene into Closed Session for the discussion regarding the agenda items listed
No action taken on this item.
12.
Open Session:
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
No action taken on this item.
Board of Directors may reconvene into Open Session for the discussion regarding the agenda items listed
No action taken on this item.
13.
Adjourn
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
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
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 January, 2019
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 9, 2019.
Signed this 9th day of JANUARY 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 9th day of January, 2019
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 9, 2019.
Signed this 9th day of JANUARY 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy