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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - January 29, 2019

BE IT REMEMBERED, that on this 29th 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 29, 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

Chairman Cortez called the meeting to order at 9:32 a.m.

Board members Joe Flores and Eduardo Cantu were not present during roll call.
 
2.
 
Prayer

Opening prayer offered by Raul Sesin.
 
3.
 
Open Forum

Members of LUPE and ARISE present for open forum.

Yadira Gonzalez thanked Raul Sesin, Jose "Pepe" Cabeza de Vaca and board member Ellie Torres for attending Proyecto del Agua event. She also recognized the board members readiness to accept the communities invitations to such projects.

Norma Aldape from Olivares Acres acknowledged board member Fuentes for taking time to attend a meeting where drainage issues were discussed.

Fern McClaugherty addressed the board regarding interpreter services that are being paid for by the county but are not being utilized during commissioners court.

Carolina Navarro also gave thanks to the board for meeting with members of the community regarding drainage issues.

Sandra Carillo, representative of Communidad Frontera Phase 3, gives thanks to board member Fuentes for his aid with public lighting. The community is also very happy and satisfied with the change the lighting created in the ARISE community. ARISE recognized board member David Fuentes with a certificate.

Refugio Ortiz gives thanks to those who were able to attend Sonido del Agua event on Saturday. He states local musicians and community members effected by the floods composed corridos for the event. He shares a corrido composed by himself for the event.

Board Members Flores and Cantu joined the meeting.
 
4.
 
Approval of Consent Agenda

The board moved to approve the entire consent agenda.
 
5.
 
General Operations Matters:
 
A.
AI -68674
Discussion and possible action to participate in Hidalgo County’s procurement process for Bank Depository 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: 4 - 0 - Unanimously

Board Member Eduardo "Eddie" Cantu abstained from all discussions and/or actions taken on this item.
Attachments:
 
B.
AI -68634
Requesting approval to purchase one (1) John Deere 750k Crawler Dozer with an SR Blade Rake 132'' including 5yrs./5,000hrs. full machine-extended warranty through the Hidalgo County Drainage District No. 1 membership/participation with BuyBoard awarded vendor, Doggett Machinery Services-Houston (Contract 515-16) in the total amount of $286,315.00.

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

 Vote: 5 - 0 - Unanimously
Attachments:
 
C.
AI -68469
 Requesting approval to purchase (1) Ford F-550 S/C with service body and crane from awarded vendor, Grande Trucking Center, through the District membership/participation with the cooperative Buyboard, contract 521-16  in the total amount of $116,309.00;  transaction include vehicle, delivery and applicable fees.

On motion by BOARD MEMBERS PCT. 3, JOE M. FLORES, seconded by BOARD MEMBERS PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
Attachments:
 
D.
AI -68563
1. Requesting approval to purchase two (2) New Long Reach Excavators, CAT 326FL including shredder heads, attachments and 60 mo/5,000hrs. extended warranty- premier (full machine) through the Hidalgo County Drainage District No. 1 membership/participation with BuyBoard's awarded vendor, Holt CAT (Contract #515-16) in the total amount of $642,916.00.

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

2. Pursuant to the Board's approval to purchase two (2) New Long Reach Excavators, CAT 326FL, requesting to declare surplus with the purpose of trade in: One (1)  2006 CAT D7R Dozer (Asset #1523) in the amount of $110,000.00 including the removal of said asset from inventory upon completion of transaction.

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

Vote: 5 - 0 - Unanimously
 
E.
AI -68645
Requesting approval of final negotiated Professional Services Agreement No. C-HCDD1-18-062-01-29, with R.O.W. Surveying Services, LLC, as it relates to On-Call Professional Surveying Services on as needed basis to the Hidalgo County Drainage District No.1 projects (subject to Legal Review).  Approved for negotiations by the HCDD1 Board of Directors on November 6, 2018 (AI#67544). 

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
 
F.
AI -68465
1. Requesting approval for Hidalgo County Drainage District #1 to enter into an Inter Local Agreement ( ILA), at no fee/cost to HCDD1 with Educational Service Center, Region 2 Cooperative Purchasing Program - Goodbuy, as an additional procurement resource for purchases on "AS NEEDED BASIS", with authority for Chairman of the Board to execute document. 

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

Vote: 5 - 0 - Unanimously

2. Requesting approval to purchase a total of eight (8) Ford P/U F-250 SRW 4x4 with delivery and applicable fees included, through the District cooperative membership/participation with Goodbuy, contract # 19 8F000 -Vehicles, from awarded vendor, Silsbee Ford in the total amount of $ 235,291.20.

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

Vote: 5 - 0 - Unanimously
 
G.
AI -68709
Requesting approval of Change Order No. 3 reflecting an increase in the amount of $75,593.00 and twenty four (24) additional calendar days, in connection with contract No. C-HCDD1-18-002-05-22 -Hidalgo County Drainage District No. 1 "New Administration Building" with Bullard Construction, Inc., as recommended by project engineer Halff Associates, and approved by HCDD1 General Manager, Mr. Raul E. Sesin, P.E., CFM, subject to compliance with HB1295 when and if applicable.

On motion by BOARD MEMBER PCT. 1, JOE FLORES, seconded by BOARD MEMBER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
                                                        
 Vote: 5 - 0 – Unanimously

Board member Torres asked Raul Sesin for clarification on landscaping budget.  Raul Sesin notified the board of an itemized statement for the 56,000.00 budget; adding the budget was for landscaping and irrigation.
Attachments:
 
6.
 
General Fund:
 
A.
AI -68698
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
General Fund 110
Budget: 006
1. Acceptance of Certificate of Substantial Completion and Certificate of Completion from Jimenez Engineering Solutions LLC D/B/A International Consulting Engineers pertaining Construction Contract No. HCDD1-18-027-06-05-Curry Drain Ditch Improvements-Road Crossings (Alamo Road, Tower Rd, Sharp Rd. and 83St.)

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

2. Application for payment no. 4 in the amount of $99,106.20 from Jimenez Engineering Solutions LLC D/B/A International Consulting Engineers pertaining Construction Contract No. HCDD1-18-027-06-05 -Curry Drain Ditch Improvements-Road Crossings (Alamo Road, Tower Rd, Sharp Rd. and 83St.)
Project Engineer: Jose Noe Saldivar, P.E-Hidalgo County Drainage District No. 1
PO#634762

Correction: payment amount should be 53,060.00

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
 
B.
AI -68681
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
General Fund 110 - Budget: 006-M&O
Application for Payment No.7 in the amount of $33,480.00 from Venser Contractors, LLC pertaining to Construction Contract No. HCDD1-18-003-02-06 Alamo Lateral & Cesar Chavez Drainage Phase 2 Improvements (North Canton, Canton, Alberta & Tower Crossings).
Project Engineer: Jose Noe Saldivar, P.E.-Hidalgo County Drainage District No. 1
PO#634000

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

Vote: 5 - 0 – Unanimously
 
7.
 
2018 Bond Referendum Projects:
 
A.
AI -67907
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. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Chairman Cortez questions Raul Sesin if the Board is required to pick the highest score on the rankings or if the board is at liberty to pick from the listed group regardless of rankings.  Raul Sesin stated the firms are listed according to highest rankings; however the board is not required to pick the highest ranked firm.

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 #10-A".
FIRM NAME: SCORE: RANK
Melden & Hunt, Inc. 93.33  
Alpha Infrastructure Engineering, PLLC 92.00  
SWG Engineering, LLC 90.00  

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
 
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 #10-A".

The board approved Melden & Hunt, Inc., highest ranked firm, for approval.

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:
 
B.
AI -68673
1. Approval of Advance Funding Agreement (AFA) between Hidalgo County Drainage District No. 1  and Texas Department of Transportation for   SH 107, from US 281 to East of FM 493 -  CSJ: 0342-01-074  with authority for the County Judge to sign required documentation. This AFA will address the installation of a 8' x 4'  reinforced concrete box culvert for Precinct 4 Sunflower Drain, Project No. 36 from the 2018 Drainage Bond Referendum Project.  Bond proceeds will be used to fund this AFA.

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

Vote: 5 - 0 – Unanimously

2. Approval to issue check payable to Texas Department of Transportation Trust Fund in the amount of $467,169  for the District's estimated share of project cost  with authority for the County Treasurer to issue check after review, audit, and processing procedures are completed by District for (CSJ: 0342-01-074)

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

Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI -68631
Requesting acceptance and approval of Donation Deed from STT Land Co. LTD as it relates to Highway 281 & FM 88 Area-RDF and authorize the Board Chair to execute acceptance

No action taken on this item.
Attachments:
 
8.
 
2012 Bond Referendum - 2013 Bond Series:
 
A.
AI -68702
Requesting approval of Change Order No. 3 in connection with the project -"Pharr-McAllen South Drain Outfall Improvements at USIBWC Main Floodway" (C-HCDD1-17-005-02-21)  reflecting an increase in the amount of $94,316.00 and additional three hundred and seventy six (376) calendar days, from contracted vendor, Jimenez Engineering Solutions dba International Consulting Engineers (ICE), and as recommended by project engineer, S&B Infrastructure, LTD, with authority for General Manager, Mr. Raul E. Sesin, P.E., CFM, to execute document, subject to compliance with HB1295. 

No action taken on this item.
Attachments:
 
B.
AI -68707
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
CIP 133-2012 Bonds
Bdgt: 300-J09 Drain

Application for Payment No. 4  in the amount of $112,395.92 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

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

Vote: 5 - 0 - Unanimously
Attachments:
 
C.
AI -68685
Approval to issue payment on the following item(s) proceeding review & compliance of contract terms & conditions:
CIP 133-2013 Bonds
Bdgt: 370- Pct1 Donna North Lateral Control Structure
Bdgt: 370-Pct2 FM 495 Drain Control Structure

Application for Payment No. 1 in the amount of $131,813.91 from Venser Contractors, LLC pertaining to Construction Contract No. HCDD1-18-049-09-19 FM 495 Drain Control Structure & Donna North Lateral Control Structure.
PO#636130 - Project Engineer: Jose N. Saldivar, P.E.-Hidalgo County Drainage District No. 1

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
 
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. 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
 
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.
 
C.
AI -68653
Cause No. C-0373-17-E; Hidalgo County Drainage District No. 1 v. Integ Corporation, et al

No action taken on this item.
 
D.
AI -68680
Consultation with legal counsel regarding:  Hidalgo County Drainage District No. 1 vs. TEDSI Infrastructure Group, Inc. et al., Case No. 7:18-CV-369, pending in the US District Court for the Southern District of Texas.

No action taken on this item.
 
10.
 
Open Session:

Court proceeded to 10. A.
 
A.
 
Real Estate Acquisition

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

No action taken on this item.
 
C.
AI -68654
Cause No. C-0373-17-E; Hidalgo County Drainage District No. 1 v. Integ Corporation, et al

Raul Sesin requested motion to proceed as directed.

On motion by BOARD MEMBER PCT. 1, DAVID FUENTES, seconded by BOARD MEMBER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval.
                                                                              
 Vote: 5 - 0 – Unanimously
 
D.
AI -68682
Consultation with legal counsel regarding:  Hidalgo County Drainage District No. 1 vs. TEDSI Infrastructure Group, Inc. et al., Case No. 7:18-CV-369, pending in the US District Court for the Southern District of Texas.

Legal counsel to proceed as directed.

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
 
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.
 
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.
 
13.
 
Adjourn

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
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 29th day of January, 2019

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


By: ______________________________
Melissa S. Montalvo, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on January 29, 2019.

Signed this 29th day of January 2019




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


By: ____________________________
(Seal) Melissa S. Montalvo, Deputy