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Agenda for CC CONSENT AGENDA SPECIAL MTG

CONSENT AGENDA
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
DECEMBER 10, 2024
10:00 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 Courthouse Annex III Building, 100 E. Cano, 1st floor,  Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

NOTICE TO THE PUBLIC
CONSENT AGENDA

The following items are of a routine or administrative nature. The Commissioners Court has been furnished with background and support on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Commissioner, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote.

1.
AI-97412
Approval of check register and payment of claims and bills - (Payments from Juvenile Probation, Adult Probation, LEOSE Fund, DA Motor Vehicle Theft Fund, DA Check Fraud Fund, DA Forfeiture Fund, Sheriff Forfeiture Funds, Constable Forfeiture Funds, HIDTA Forfeiture Funds and VIT Interest Fund are presented for recording purposes only.)
 
2.
Auditor's Office:
 
A.
AI-97413
Presentation of Fund Information Report
 
B.
AI-97497
Approval for the County Auditor's Office to conduct an audit of the Chapter 59 Asset Forfeiture Report prepared by the Hidalgo County Sheriff's Office, HIDTA, Constable Precinct 1, Constable Precinct 2, Constable Precinct 3, Constable Precinct 4, Constable Precinct 5, and Hidalgo County Fire Marshal for fiscal year 2024, and the District Attorney's Office for fiscal year 2025 pursuant to the Chapter 59 Asset Forfeiture Report requirements.
 
3.
Planning Department:
 
A.
AI-97574
1. Reimbursement Request
a. Amber Estates Subdivision- Pct. 1 (Mile 6 West Road & Mile 10 North Road) Reimbursement Request:$3,000.00 for (2 OSSF'S)
b. Kingdom Estates Subdivision- Pct. 1 (Mile 6 ½ West Road & Mile 11 North Road) Reimbursement Request:$18,000.00 for (12 OSSF'S)
c. Sienna Ridge Subdivision- Pct. 1 (Mile 6 ½ West Road & Mile 10 North Road) Reimbursement Request:$10,500.00 for (7 OSSF'S)
d. Viridian Estates Subdivision- Pct. 1 (Mile 6 West Road & Mile 10 North Road) Reimbursement Request:$1,500.00 for (1 OSSF)
 
4.
Monthly Fee Reports:
 
A.
AI-97605
District Attorney's Office Check Fraud Fees Monthly Report - 2024 November
 
5.
Executive Office:
 
A.
AI-97629
Request approval by the City of Edinburg Fire Department to use the parking lot located at 101/107 N. 10th Avenue, Edinburg for Employee Awards Banquet Event on Saturday, December 14, 2024 from 5-11:30 pm.
 
6.
Human Resources:
 
A.
AI-97638
1.  Approval of reimbursement in the amount of $1,723,152.33 to AETNA Insurance Company for claims paid on behalf of Hidalgo County from 11-14-2024 to 11-29-2024:
11/14/2024 - 11/20/2024 $731,036.49
11/21/2024 - 11/27/2024 $968,703.60
11/28/2024 - 11/29/2024 $23,412.24
Total $1,723,152.33

2.    Approval of wire transfer to cover claims paid.
 
B.
AI-97618
Self-Insured (2202):
Requesting approval of reimbursement of the Hidalgo County Workers' Comp. Claims paying account for claims paid by Tristar Risk Management for the period of 11/16/2024 - 11/30/2024 in the amount of $32,069.74 and requesting approval of wire transfer.
 
7.
Health & Human Services:
 
A.
AI-97619
Requesting approval to ratify the application as a mentee site to the NACCHO Wastewater Surveillance grant and approval for County Judge to sign the application documents.
 
8.
Tax Refunds:
 
A.
AI-97524
NO. ACCOUNT NUMBER PAYER AMOUNT
1. A1800.00.048.0012.08 CORELOGIC $5,147.46
2. F2445.00.000.0009.00 ARTURO VIZCAINO $2,600.00
3. H1500.00.003.0008.00 CORELOGIC $3,435.91
 
9.
Membership Dues/Certifications:
 
A.
AI-97575
Human Resources:
Requesting approval to pay membership dues in the amount of $264.00 to the Society of Human Resources Management SHRM for Mrs. Erika Reyna, Director, Department of Human Resources with authority for the County Treasurer to issue check after review, audit and processing procedures are completed by the County Auditor.
 
B.
AI-97642
476th DC (1100):
Requesting approval to pay membership dues to Texas Bar College for Ysmael Fonseca in the amount of $75.00 (REQ# 504838), with authority for County Treasurer to issue payment after review, audit, and processing prodecures are completed by County Auditor.
 
C.
AI-97621
County Court at Law 1 (1100):
Requesting approval to pay membership dues to Hidalgo County Bar Asssociation for Judge Rudy Gonzalez in the amount of $75.00 (REQ. 506791), with authority for County Treasurer to issue payment after review, audit, and processing procedures are completed by County Auditor.
 
D.
AI-97595
Fire Marshal:
Requesting approval to pay yearly membership renewal for Texas Fire Marshal's Association in the amount of $50.00 for Fire Marshal Homero Garza from present until December 31, 2025 with authorization for County Treasurer to issue payment once auditing procedures are completed by the County Auditor. 
 
10.
Head Start:
 
A.
AI-97528
Request Approval of Payments for Invoice #TM76648 in the Amount of $2,245.00 and Invoice #TM91875 in the Amount of $1,930.00 for Professional Services Submitted by Terracon Consultants, Inc. for Geotechnical Testing Services through Contract C-21-006-11-02-AS for the Hidalgo County Head Start Program Outdoor Learning Environment and Discovery Classrooms
 
B.
AI-97529
Request Approval of Payments for Invoice #1822101 in the Amount of $1,306.65, Invoice #1822101-11 in the Amount of $2,395.52 and Invoice #1822101-12 in the Amount of $2,177.74 for Professional Services Submitted by Laura Warren, Project Architect, The Warren Group Architects, Inc. through Contract C-21-0683-08-24 for the Hidalgo County Head Start Program Outdoor Learning Environment and Discovery Classrooms
 
C.
AI-97530
Request Approval of Application and Certificates for Payment for Invoice #20442 in the Amount of $10,764.43 and Invoice #20447 in the Amount of $4,841.21 for Professional Services Submitted by B2Z Engineering, Construction Management Engineer, through Contract C-21-004-09-21-AS for the Hidalgo County Head Program Outdoor Learning Environment and Discovery Classrooms 
 
D.
AI-97532
Discussion/Approval on Request to Purchase Three (3) Play Structures with Safety Surface Through the Hidalgo County's Membership/Participation with the Buyboard Awarded Vendor, Play RGV, LLC (Contract #679-22)
 
E.
AI-97533
Discussion/Approval on Request to Purchase Six (6) Shade Structures through Hidalgo County's Membership/Participation with the Buyboard Awarded Vendor Tenzo McAllen, LLC (Contract #679-22)
 
F.
AI-97613
Discussion/Approval to Rescind Approval by Policy Council on 10.02.24 and by Commissioners' Court on 10.01.24 (Al-96878) on Request to Purchase a Play Structure with Safety Surface through the Hidalgo County's Membership/Participation with the Buyboard Awarded Vendor, Tenzo McAllen, LLC (Contract #678-22)
 
G.
AI-97525
Approval of Monthly Reports: October 2024
1. Program Information Summary (PIS)
2. Financial and Credit Card Log
3. Enrollment - Average Daily Attendance (ADA)
4. Texas Department of Agriculture Meals/Snacks
 
11.
Budget & Management:
 
A.
AI-97627
CSLFRF-PUB HLTH-EL PARAISO (1290):
Approval of the following salary schedule changes in accordance with Hidalgo County Classification and Compensation Pay Plan effective as indicated and for calendar year 2025:
FROM TO
Action Dept/Prg. Slot Position Title G/S Budgeted Salary G/S Proposed Salary Effective Date
Step Adjustment (Lateral Transfer) 115-215 0007 Clerk III 05/01 $29,278.00 05/04 $32,462.00 12/02/2024
 
B.
AI-97573
Health Disp (1293):
Approval of the following change in funding source/distribution as listed below, effective 11/12/2024:
FROM TO
Sub Fun/
Dept/Prg.
Obj. Slot Position Title G/S % Dist. Sub Fun/
Dept/Prg.
Obj. Slot Position Title G/S % Dist.
00-340-083 113 0003 Public Health Specialist I 09/01 100% 00-340-083 113 0003 Public Health Specialist I 09/01 85%
20-340-083 0002 15%
 
C.
AI-97659
FY 2025 Texas VINE Grant Program (1283):
1. Approval to process payment for invoice #2063295069 from Appriss Insights, LLC in the amount of $7,798.46 in relation to the FY 2025 VINE Maintenance Fee for the 1st quarter (9-1-2024 to 11-30-2024) after review, audit, and processing procedures are completed by the County Auditor.
2. Approval to submit to the Office of the Attorney General of Texas the following documents in relation to the FY 2025 Texas VINE Program for the 1st quarter (9-1-2024 to 11-30-2024) with authority for Co. Judge to sign required documents:
  • Office of Attorney General Statewide Automated Victim Notification Services (SAVNS) Reimbursement Invoice in the amount of $7,798.46
  • Texas Statewide Automated Victim Notification Service (SAVNS) Quarterly Verification of Continuing Production Record
  • Invoice Certification Required by Texas Grants Management Standards
 
12.
Pct. #2:
 
A.
AI-97684
Discussion, consideration and action to ratify, pursuant to Art. III, Sec 52 of the Texas Constitution, the expenditure of County funds related to the luncheon held on November 1, 2024, for the employees of Precinct 2 to provide recognition and presentations, finding that the event served a public purpose in increasing employee morale; with authority for County Treasurer to issue payment via manual check for costs associated with event, after review and auditing procedures are completed by County Auditor.
 
B.
AI-97686
Discussion, consideration and action pursuant to Art. III, Sec 52 of the Texas Constitution, the expenditure of County funds related to the employee luncheon that will be held on December 13, 2024, for a Christmas luncheon to recognize employees, finding that the event serves a public purpose in increasing employee morale; with authority for County Treasurer to issue payment via manual check for costs associated with event, after review and auditing procedures are completed by County Auditor.
 
13.
Purchasing Dept - Notes:
A.  FOR ANY CONTRACTS(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FORWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B.  ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
A.
Human Resources:
 
1.
AI-97607
Requesting approval to exercise the final one (1) year contract extension to purchase insurance coverage and/or services for Excess Workers Compensation Insurance in the amount of $364,482.00 as describe in the renewal offer by Montalvo Insurance Agency (C-22-0359-12-20)
 
B.
Pct. #1:
 
1.
AI-97637
Requesting approval to pay the following invoices as submitted by L&G Consulting Engineers, Inc., for engineering services provided to Pct. 1 Projects:
Project Name Invoice Date Invoice No. Amount Purchase Order No. 
Mile 6 WA #2 (M14½-SH107) 11/30/2024 11329914 $4,000.00 815794
Mile 6 WA #3 (M14½-SH107) 11/30/2024 11329929 $23,190.00 829916
Mile 6 WA #6 (M11-M14½) 11/30/2024 11329915 $34,430.55 882106
Mile 10 WA#2 (Mile 6 to FM 1015) 11/30/2024 11329933 $43,683.58 860539
Mile 10 WA#3 (Mile 6 to FM 1015) 11/30/2024 11329916 $145,910.00 886545
Mile 1 E WA#1 (Bus83N to Mile 8N) 11/30/2024 11329930 $15,100.00 868315
Mile 1 E WA#2 (Bus83N to Mile 8N) 11/30/2024 11329931 $93,866.67 886869
Nolana Loop WA#1 (FM 493 to FM 88) 11/30/2024 11329921 $25,933.92 873385
 
2.
AI-97608
Requesting approval of Amendment No. 1 to the construction contract for "Construction for the [ARPA-22-121-044] HC Precinct 1 Mercedes Gate Structure Stormwater Project," (C-24-0221-11-12) between HC and Clore Equipment, LLC. to amend the corrected amount of project completion days.
 
C.
Pct. #2:
 
1.
AI-97614
Requesting approval to pay the following invoices as submitted by the project engineer, L&G Consulting Engineers, Inc., for engineering services provided to Pct. 2 projects:
Project Name Invoice Date Invoice #      Amount  PO#
Cesar Chavez Rd. Project (WA#4) 11/30/24 11329917 $7,140.00 853336
Cesar Chavez Rd. Project (WA#5) 11/30/24 11329918 $1,506.38 853337
Cesar Chavez Rd. Project (WA#2) 11/30/24 11329922 $41,842.16 796794
Cesar Chavez Rd. Project (WA#3) 11/30/24 11329923 $10,561.68 795673
SH107/Bus281 Rd & Drain Improv. Prj. (WA#2) 11/30/24 11329924 $14,746.66 788634
SH107/Bus281 Rd & Drain Improv. Prj. (WA#3) 11/30/24 11329925 $1,714.98 862757
SH107/Bus281 Rd & Drain Improv. Prj. (WA#4) 11/30/24 11329926 $132,415.70 888077
 
2.
AI-97491
Requesting approval to rescind action taken on Agenda Item 96214, approved by Commissioners' Court on 08/06/2024, due to change in procurement.
 
D.
Pct. #3:
 
1.
AI-97641
A. Requesting acceptance and approval of Construction Change Directive No. 1 from 8/A Builders, LLC, for the "[ARPA-21-123-023] - Hidalgo County Precinct 3 Park Improvements Project - Veterans Memorial Pavilion" project (C-24-0132-05-28), for changes to the Metal Wall Panel Allowance balance and Contingency Allowance balance, as recommended by the Project Architect, ROFA Architects Inc.
B. Requesting acceptance and approval of Construction Change Directive No. 2 from 8/A Builders, LLC, for the "[ARPA-21-123-023] - Hidalgo County Precinct 3 Park Improvements Project - Veterans Memorial Pavilion" project (C-24-0132-05-28), for changes to the Contingency Allowance balance, as recommended by the Project Architect, ROFA Architects Inc.
Description Total Reduce Amount
Construction Change Directive No. 1 - Metal Wall Panels Replacement $30,000
Construction Change Directive No. 1 - Metal Roof Panels Replacement $40,000
Construction Change Directive No. 2 - Repairs to Column Web/Flange $5,286.89
 
2.
AI-97631
Requesting a declaration of public purpose pursuant to the Texas Constitution Art. 3 Sec. 52 to pay for Inv. #1F7J-R97K-MTFN in the amount of $362.07 with purchase order #888628 to Amazon Capital Services for the purchase of Christmas supplies for the 2024 Christmas Community Gift Wrapping and Marketing Events.
 
3.
AI-97644
Requesting approval to process the following invoice as submitted by ERO Architects for services in connection with Precinct 3 El Paraiso CRC (ARPA-22-123-075).
Invoice No. Date PO No. Amount
2024-283 11-29-2024 863852 $3,720.50

 
4.
AI-97623
Requesting approval of Payment Application No. 43 in the amount $16,740.10 from REIM Construction Inc., for "Pct. 3, Mile 3 N. Rd." (C-20-294-02-23) as certified for payment by project engineer B2Z Engineering. 
 
5.
AI-97594
Requesting approval of Contingency Allowance Expenditure Authorization No.1 in connection with the "Construction for [ARPA-22-123-075] - Hidalgo County Precinct 3 El Paraiso Community Resource Center & [ARPA-21-340-019] - El Paraiso Health Clinic Improvement Project" (C-23-0277-11-28) from contracted vendor, NM Contracting, LLC, for a decrease in allowance. 
 
6.
AI-97580
Requesting approval of the following payment request (for processing and payment) as submitted by the contracted project engineer, Sames Inc.
Payment No. Date Project Name PO No. Amount
2 11-30-2024 Liberty Blvd. (US 83 to Mile 3) 886756 $27,420.72
 
7.
AI-97617
Requesting approval of the following invoice for processing and payment as submitted by the contracted project engineer, L&G Consulting Engineers Inc.:
Invoice No. Date Project Name PO No. Amount
11329934 11-30-2024 Liberty Rd. WA#2  700240 $6,750.00
11329935 11-30-2024 Liberty Rd. WA #6 868845 $36,725.00
11329919 11-30-2024 Veterans Blvd. WA#3 772041 & 868501 $8,900.00
11329927 11-30-2024 Los Ebanos WA#1 873046 $18,805.53
 
8.
AI-97622
Requesting approval of the following invoice for processing and payment from Brownstone Consultants for professional services for Precinct 3 El Paraiso CRC Project ARPA #22-123-075.
Invoice No. Invoice Date PO No. Amount
4221712 12-01-2024 861908 $5,909.46
 
9.
AI-97657
Requesting approval to pay the following Payment Application No. 6, in the amount of $310,286.92, for the Hidalgo County Precinct 3 Park Improvement Project, Veterans Memorial Pavilion, submitted by contractor 8/A Builders, LLC.
 
E.
Pct. #4:
 
1.
AI-97687
Requesting acceptance and approval of ARPA project invoice listed below for processing and payment;
 
Invoice Date Project Name  Vendor Name P.O. Number ARPA Number Invoice Number Invoice Amount
12/03/2024 J-01 Project Tedsi 875089 23-124-346 203064 $2,221.95
 
2.
AI-97682
Requesting acceptance and approval of project invoices listed below for processing and payment:
 
Invoice Date Project Name Vendor Name P.O. Number Invoice Number Invoice Amount
12/04/2024 Trenton Rd Tedsi 859188 203066 $4,825.80
12/03/2024 HSIP Project CobbFendley 880981 340975 $937.10
11/30/2024 FM1925 WA#4 Alamo Rd to Sharp L&G Engineering 864922 11329912 $5,400.00
11/30/2024 Mile 5 Project WA#2 L&G Engineering 808447 11329913 $617.71
12/02/2024 Pct.4 CRC Brownstone 884786 1068 $9,084.45
12/02/2024 TXDot HSIP 2023 Call GDJ Engineering 885315 2024-248 $3,719.20
 
F.
Executive Office:
 
1.
AI-97639
Requesting authority to exercise the final one (1) year contract extension with Davila & Associates, Inc. for "Translation & Interpretation Services" (C-22-0722-01-17) under the same rates, terms, and conditions.
 
2.
AI-97587
Requesting acceptance and approval of the following invoice with authority for the County Treasurer to issue payment after review and auditing procedures are completed by the County Auditor:
Vendor Name Tasks Invoice Date Invoice # Amount PO #
L&G Consulting Engineers, Inc. RGV-MPO Policy & TAC Committee Meetings 11/30/2024 11329936 $10,056.96 874949
 
G.
Co. Wide:
 
1.
AI-97632
A. Requesting authority to ratify AI-97226, approved by HCCC on 10/29/2024, to reflect a 2025 Ford Explorer replacement vehicle with a total estimated monthly lease payment of $818.95, with authority for the HC Executive Officer or County Judge to sign all required documentation.
B. Requesting authority to ratify AI-97253, approved by HCCC on 10/29/2024, to reflect a 2024 Nissan Pathfinder replacement vehicle with a total estimated monthly lease payment of $739.66, with authority for the HC Executive Officer or County Judge to sign all required documentation.
Previously Approved Replacement(s)
Agenda No. Year Make  Model Total Monthly Payment Year Make Model Total Monthly Payment
97226 2024 Chevrolet Traverse $866.31 2025 Ford Explorer $818.95
97253 2024 Chevrolet Traverse $866.31 2024 Nissan Pathfinder $739.66
 
2.
AI-97518
Requesting approval to add/delete the following vehicles and fuel cards (drivers) from US Bank Voyager:
No. Department/Office Adding Vehicle to issue Card Delete Vehicle to delete Card Add a Driver Delete Driver Replace Fuel Card
1. Constable P2 1 0 0 0 0
2. Constable P3 0 0 0 1 0
3. Facilities Management 4 0 0 0 0
4. Adult Probation 1 0 9 0 0
5. Health & Human Services 5 6 8 20 0
6. Elections Department 0 0 1 0 0
7. Safety Department 1 1 0 0 0
8. Head Start Program 2 15 3 0 0
  Total 14 22 21 21 0
 
3.
AI-97127
1. Requesting exemption from competitive bidding requirements pursuant to Texas Local Government Code, Section 262.024(a)(3), for items necessary due to unforeseen damage to public property, and Section 262.024(a)(11) for vehicle and equipment repairs;
2. Requesting exemption from competitive bidding requirements pursuant to Texas Local Government Code, Section 262.024(a)(7)(d), for captive replacement parts or components for equipment;
3. Requesting authority to solicit at least three quotes by telephone, fax, or email as needed for vehicle and/or equipment repairs, excluding routine maintenance from the vendors identified in the attached Exempt Vendors List.
 
H.
Constables:
 
1.
AI-97585
Constable Precinct 2:
A. Pursuant to TxLGC 263.151.(1) requesting authorization to surplus and remove assets from their inventory, declared as "Salvage Property" listed in Exhibit "A" due to the items deemed obsolete, damaged and of no value for the purpose for which it was originally intended.  
B. Requesting authorization to remove assets from their inventory list identified in Exhibit "B" attached herein and determine that the items are identified as "missing" and the department cannot prove that theft occurred.  
 
I.
District Attorney:
 
1.
AI-97602
Requesting authority to exercise the sixty (60) day contract extension with Elite Transport and Clean-up Services for "Dead Body Pickup & Transport Services" (C-18-149-11-06) under the same rates, terms, and conditions. 
 
J.
Health & Human Services:
 
1.
AI-97633
Requesting acceptance and approval of the Certificate of Construction Completion from SKO Elite Repair, LLC for the Hidalgo County Health Department "Admin Office Landscaping Demo and Rehab," with the final payment of $35,071.63, with authority for Hidalgo County Facilities Management Director and County Judge to sign all required documentation.
 
2.
AI-97685
Requesting acceptance and approval of Amendment No.3 between Hidalgo County and GoERO International, LLC dba ERO Architects for the "A-E Professional Services for the Hidalgo County Testing Laboratory" project to include an additional scope of work that shall not exceed the amount of $16,800.00 as detailed in the document attached herein. 
 
3.
AI-97603
Requesting approval to pay the following invoice as submitted by Brownstone Consultants for construction project management services in connection with the Hidalgo County El Paraiso Health Clinic Project. 
Work Authorization # PO # Invoice # Invoice Date Amount
1 853570 4221715 12/01/2024 $8,722.58
 
4.
AI-97643
Requesting approval to pay Invoice #2024-282 dated 11/29/2024 (PO#853720) in the amount of $2,296.87 from ERO Architects for architectural services in connection with the Hidalgo County El Paraiso Project.
 
5.
AI-97510
Requesting approval for the Health & Human Services Department to purchase gift cards at H.E.B as approved by the Texas Department of State Health Services (grantor agency) to promote treatment compliance for Tuberculosis Program patients.  The purchase would involve the use of the County's credit card as purchase orders are not accepted. 
 
K.
IT Department:
 
1.
AI-97678
Requesting approval to enter into a one (1) year software license agreement for Identity Workforce Core Custom IDP with Tyler Technologies Inc., in the total amount of $1,158.00
 
2.
AI-97562
Requesting approval to enter into a one (1) year ArcGIS Desktop software maintenance subscription renewal through HC's membership with DIR Cooperative (Contract No. DIR-CPO-4699) with Environmental Systems Research Institute, Inc., (ESRI), in the total amount of $7,013.61
 
L.
Facilities Management:
 
1.
AI-97660
Requesting approval to award Job Order Contractor Rio United Builders, LLC through HC's membership with Choice Partners Cooperative (JOC-IDIQ 24/018MR-17), for the "[ARPA-23-125-332] - Facilities Management Building Retrofit Project [Industrial Park Canopy Slab]" project in the amount of $5,700.04 with authority to issue a Notice to Proceed.