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WESLACO ISD trustees reject top-ranked bidder and authorize superintendent to negotiate contract for new agricultural facility
Summary
Trustees moved to reject a top-ranked proposer that lacked clearly findable warranty/insurance documentation and approved moving to the next-ranked contractor, authorizing the superintendent to negotiate contract terms for the district's new agricultural facility after bids came in roughly $4.5 million above the district's $9 million allocation.
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WESLACO ISD trustees voted after a workshop review to reject the highest-ranked construction proposal for the district's planned agricultural facility and to authorize Superintendent Dr. Richard Rivera to negotiate with the next-ranked firm and finalize contract terms.
During the workshop presentation, bond counsel Ricardo Perez told the board the district had budgeted about $9 million for the project but received bids near $13.5 million, creating an approximate $4.5 million shortfall. Perez said the district can consider using interest earned on bond proceeds (staff cited roughly $11.655 million in interest on Proposition A alone and about $13.1 million total across Props A, B and C to date) or repurpose bond proceeds that were set aside earlier.
Trustees pressed staff on the procurement ranking. Trustee Mark Los Santos and others raised concerns after reviewing the committee's scoring that the top-ranked proposer's submission did not clearly show required warranty and insurance documentation on the public scoring packet.
"The bids came in at about $13.5 million," Ricardo Perez said. "You have sources to fund that shortfall," referencing interest and bond proceeds. Trustee Mark Los Santos asked why a proposer that showed a "zero" in a rubric field for current similar projects nonetheless received top ranking. Purchasing director Mr. Bal Garcia and committee staff said some rubric entries refer to currently active projects while a separate section lists similar past projects; they told trustees the committee had reviewed supporting attachments that exist in the full proposal files.
Trustee Ben Castillo moved to reject the specific proposer whose warranty/insurance documentation could not be located in the committee materials and to proceed with the next-ranked firm, authorizing the superintendent to negotiate price and contract terms (including equipment and site elements trustees requested, such as pens, AC options and warranty details). The motion was seconded and passed unanimously.
Staff told the board that a one-year material-and-labor warranty will be required from the awarded contractor at substantial completion and that further bonds and insurance will be verified before any contract execution. Administration also said it will continue to work with bond counsel and external auditors to ensure any reimbursements of prior expenditures comply with the district's reimbursement resolution adopted in November 2023.
Next steps: Superintendent Rivera is authorized to negotiate with the top remaining proposer and to return to the board with a recommended final contract for approval or, if negotiations fail, to proceed to the next ranked firm as permitted by the procurement rules and the board's action.

