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Minutes for DRAINAGE DISTRICT

SPECIAL MEETING - February 26, 2019

BE IT REMEMBERED, that on this 26th day of February 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
February 26, 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 1:34 p.m. Board Member Eddie Cantu was not present during roll call.
 
2.
 
Prayer

Opening prayer offered by Raul Sesin.
 
3.
 
Open Forum

Olivia Zarate member of Union del Pueblo Entero discussed the effects of laws like SB4 on children and families. The study shows how children who stress over their parents being deported suffer from what is known as Toxic Stress. The children suffer in school. She asked all members of the board to read the study so that we can help combat Racist and Anti- Immigration laws like these.

Board member Eddie Cantu joined the meeting at 1:38 p.m.
Attachments:
 
4.
 
Approval of Consent Agenda

The board moved to approve the entire consent agenda.
 
5.
 
General Operations Matters:
 
A.
AI -69107
1.) Discussion and possible action to approve criteria for dedication of facilities for Hidalgo County Drainage District No.1.

The department has done research and consulted with legal on the necessary criteria for the dedication of a building:
must be a deceased, associated with the county or drainage district for at least 20 years, provide many hours of volunteer service, or known for his/her contribution for the betterment of the community.

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

2.) Discussion and possible action to dedicate the new Hidalgo County Drainage District No.1 administrative offices.

Recommendation to dedicate new administration building to Oscar L. Garza. Jr.; former commission, public servant and board member of the county. The building is already being occupied by the department.  However, there will be a ribbon cutting ceremony next week.

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

3.) Discussion and possible action to approve a resolution on dedication of new Hidalgo County Drainage District No.1 administrative offices.

Imelda Garza and Brenda Garza thank the Board and the drainage district for the recognition and honor of the dedication of the building.

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
 
B.
AI -69096
Approval of the Hidalgo County Drainage District No. 1 Sick Leave Pool Policy and forms

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:
 
C.
AI -69105
Drainage District-General Operations
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 Expansion of Professional Engineering Services Pool" (2019) (RFQ# HCDD1-19-030-03-20), 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. 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:
 
D.
AI -69112
1.  Request approval to issue Termination Notice as provided in article 14 of the agreement with Rod Robertson Enterprises, Inc. for the “Auctioneer & Storage Services” contract No. C-HCDD1-17-003-02-06, due to vendor not able to provide services.

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 

2. Requesting authority to advertise and approval of procurement packet (i.e., legal notice,specifications, draft contract etc.,) as attached hereto for: Hidalgo County Drainage District No. 1 "Auctioneer & Storage Services"RFB No. HCDD1-19-032-03-20, including the re-advertisement of project in the event bids are rejected or no bids are received & project is still required.

On motion by BOARD MEMBER PCT. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
 
E.
AI -69115
Requesting approval to rescind action taken by the Board on October 30, 2018, Regular Agenda Item #67379, in relation to the approval of Supplemental Agreement No. 1 for the "On Call Professional Engineering Services" with B2Z Engineering, LLC,(Contract No. C-HCDD1-17-051-09-19). 

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
 
F.
AI -69119
1.) 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. 2, EDUARDO “EDDIE” CANTU, seconded by BOARD MEMBER PCT. 3, JOE FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 

2.) Presentation of scoring grid of two (2) sets of firms graded through the District's pre-qualified Professional Engineering Services Pool for the purpose of ranking by HCDD1 Board of Directors in connection with On-Call Professional Construction Materials (CMT) Services required for Hidalgo County Drainage District Projects on an as needed basis. 
 
SET 1
(C-HCDD1-19-031-__-__)
   
FIRM NAME: SCORE: RANK:
Millennium Engineers
Group, Inc.
96.33  
Raba Kistner, Inc. 95.67  
Professional Service
Industries, Inc. (PSI)
93.67  
                             
SET 2 
(C-HCDD1-19-033-__-__)
   
FIRM NAME: SCORE: RANK:
B2Z Engineering, LLC 96.33  
Professional Service
Industries, Inc. (PSI)
93.67  
Raba Kistner, Inc. 95.67  
     

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 

3.) Pursuant to the Boards approval, requesting authority for the Hidalgo County Drainage District No.1 to negotiate Professional  Engineering Services Agreements with each of the number one (1) ranked firms presented:
(set 1) Millennium Engineers Group, Inc. and(set 2) B2Z Engineering, LLC. for the provisions of On-Call Professional Construction Materials Testing (CMT) Services for Hidalgo County Drainage District Projects (on as needed basis). 

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
 
G.
AI -69128
Requesting approval of first amendment to Inter Local Agreement by and between Hidalgo County Drainage District No.1 and Hidalgo County dated August 28, 2018; as it relates to Right of Way Agent services by Hidalgo County Drainage District No.1 for Trenton Drain Phase II and III.  

No action taken on this time.
Attachments:
 
H.
AI -69151
Requesting review and approval to pay claim request on the following item: 
Invoice No. 177095-A dated 10-25-2018 in the amount of $380.00 from Magic Valley Concrete; amount due for overage in construction material for HCDD1 New Administration Building. PO#635757

 
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
 
I.
AI -69018
1. Approval of the following personnel action, Create Engineering Tech IV G12/S4 $52.266.00.

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 

2. Approval of Budget Amendment required for personnel action in the amount of $72,987.58

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

3. Approval of revised salary schedule

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:
 
J.
AI -69095
Approval of the following personnel actions,
Action Budget Slot Position Title Budgeted Salary
Delete M&O 006 147 Hydrology & Hydraulics Water Engineer  52,872.99
Create M&O 006 147 Engineer In Training (EIT) 52,872.99
Delete M&O 006 148 Engineer In Training 52,872.99
Create M&O 006 148 Engineer In Training (EIT) 52,872.99

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 
 
K.
AI -68947
Requesting authority to advertise and approval of RFP procurement packet [i.e. requirements, legal notice,draft requirement agreement, etc.] as attached hereto for: "Title Company Services-(Pool)" on an as needed basis, including the re-advertising of project in the event no responses are received, or proposals are rejected and project is still required. (RFP No.: HCDD1-17-017-04-26)

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:
 
L.
AI -69143
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 "Right of Way Acquisition Professional Services-Pool", 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. 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.
 
2018 Bond Referendum Projects:
 
A.
AI -69129
1).   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. 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 "Mid Valley Airport -2018 Bond Referendum Project #19".
FIRM NAME: SCORE: RANK
L & G Consulting Engineers, Inc. dba L& G Engineering 98.00  
Halff Associates, Inc. 96.67  
Melden & Hunt, Inc. 93.33  

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

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  L & G Consulting Engineers, Inc. dba L&G Engineering for the provisions of Professional Engineering Services for "Mid Valley Airport -2018 Bond Referendum Project #19".

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
Attachments:
 
B.
AI -69126
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. 3, JOE FLORES, 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 "Anaquitas -2018 Bond Referendum Project #8".
FIRM NAME: SCORE: RANK
L & G Consulting Engineers, Inc. dba L& G Engineering 98.00  
TEDSI Infrastructure Group, Inc.  93.67  
R. Gutierrez Engineering Corporation 91.67  

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

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  L&G Consulting Engineers, Inc. dba L&G Engineering, for the provisions of Professional Engineering Services for "Anaquitas -2018 Bond Referendum Project #8".

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
Attachments:
 
7.
 
General Fund:
 
A.
AI -69085
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
CP 130
Budget: 005 New Administration Bldg
Application for Payment No. 8-B1061-08 in the amount of $228,497.17 from Bullard Construction, Inc. pertaining to Construction Contract No. HCDD1-18-002-05-22.
Project Engineer: Halff Associates Inc
PO#634554

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:
 
B.
AI -69090
Approval to issue payment on the following items proceeding review & compliance of contract terms & conditions:
General Fund 110
Budget: 006-M&O

1. Acceptance of Certificate of Substantial Completion and Certificate of Completion from Venser Contractors, LLC pertaining to Construction Contract No. HCDD1-18-003-02-06 Alamo Lateral & Cesar Chavez Drain Ph.2 Improvements (North Canton, Canton, Alberta & Tower Crossings).

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.Application for Payment No.8-Final in the amount of $35,100.05 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).

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

3. Application for Payment No.-9-Retainage Release in the amount of $61,227.45 from Venser Contractors, LLC pertaining to Construction Contract No. HCDD1-18-003-02-06 Alamo Lateral & Cesar Chavez Drainage Ph.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. 4, ELLIE TORRES, seconded by BOARD MEMBER PCT. 3, JOE M. FLORES, the Board made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
 
C.
AI -69137
Requesting review and approval to pay claim requests on the following items: 

1. Invoice No. 88674-A dated 10-12-2018  in the amount of $253.98 from Lewis Electric Motors; due for freight charges.
PO#635361

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. Invoice No. 761940-A2 dated 12-21-2018 in the amount of $824.48 from Upper Valley Materials; amount due for overage in construction material for Regional Linear Park.
PO#636182

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

3. Invoice No. 761973 dated 12-26-2018 in the amount of $1,732.16 from Upper Valley Materials; amount due for overage in construction material for Regional Linear Park. 
PO#636182

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

4. Invoice No. 762004 dated 12-27-2018 in the amount of $1,694.60 from Upper Valley Materials; amount due for overage in construction material for Regional Linear Park. 
PO#635641

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

5. Invoice No. 164674344-001 dated 12-28-2018 in the amount of $3,106.45 from United Rentals; amount due for additional rental time on equipment used for Regional Linear Park. 
PO#636205

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
 
D.
AI -69157
Requesting review and approval to pay claim request on the following item: 
Invoice No. 7797-4 dated 01-25-2019 in the amount of $584.55 from Texas State Equipment; amount due for damages to rental equipment. 
PO# N/A

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
 
8.
 
Budget Amendments:
 
A.
AI -69127
Request approval of Budget Amendments to carry over the December 31,  2018 available budgets  into the  2019 District's Capital Projects Fund 130,  Capital Projects Fund 132 - 2008 Bond Series, and Capital Projects Fund 133 - 2013 Bond Series. This will facilitate the budgetary accounting for continued construction of District  Projects

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
 
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:

No action taken on this item.
 
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.
 
10.
 
Open Session:
 
A.
 
Real Estate Acquisition

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

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.
 
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 26th day of February, 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 February 26, 2019.

Signed this _26th_ day of February 2019




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


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