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RMA advances 365 Tollway construction actions; approves third‑party testing contracts and several work authorizations, denies contractor’s early savings payment

5108757 · June 30, 2025
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Summary

Board received monthly program reports, heard construction updates for the 365 Tollway and approved multiple work authorizations for testing and utility service. Directors denied a request from the primary contractor to accelerate a value-engineering savings payment.

The Hidalgo County Regional Mobility Authority (RMA) received staff reports on permit activity and construction on the 365 Tollway, approved several work authorizations for third-party testing and utility service, and denied a contractor request to advance a value-engineering savings payment.

Ruben Delgado reported the overweight/oversized permit activity for May and year-to-date figures: the RMA issued 6,201 permits in May (total fees collected $1,263,954, including $23,754 in convenience fees) and reported cumulative permit issuance from Jan. 1 to May 31 of 29,040 permits. Delgado said permit volumes for May 2025 were down roughly 1,900 from May 2024 but still higher than 2023. He also reported cumulative totals since 2014 of 417,863 permits and total permit collections of $74,163,862 (distribution numbers to TxDOT and local jurisdictions were provided in the staff presentation).

Chief construction engineer Ramon Navarro gave a construction status update on three projects tied to the 365 Tollway. He said the wetland mitigation site (about 23.2 acres) is complete, with a final cost of approximately $5,710,902.91 and minor remaining Army Corps permitting items. Navarro said Valley Land Fund will take over ongoing plant-survey and monitoring responsibilities after the contractor’s warranty period and that a plant survey would be performed within 60 days.

Navarro reported progress on the CSET (total integration system) project, noting the first gantry is erected and the contractor committed to having all gantries installed by August so camera and sensor installation and factory testing can commence.

On the heavy‑highway construction, Navarro described three utility transmission poles affecting progress at Jackson Road and said ERCOT review and switching were expected in mid‑ to late‑July to permit continued work. He listed multiple bridges needing final work, noting the San Juan Main Canal structure requires a pumping-plan approval from the Hidalgo County Irrigation District; staff said they expect the district's review soon and that with an approved pumping plan the superstructure work could proceed and the contractor estimates about 60 days to finish that bridge’s superstructure once the plan is approved. Navarro reported the overall project percentage complete at roughly 66.99% and a current earned-value estimate around $178.6 million.

Board action: staff recommended and the board approved the following work authorizations and agreements (motions carried on voice votes unless noted): - Resolution 2025-33 (agenda item 4a): Approve work authorization No. 2 to APSER LP for a levee certification report for the IBWC, amount $67,149.65 — approved. - Resolution 2025-35 (agenda item 4c): Approve contract amendment No. 2 to Atzer LP to increase maximum payable for work authorization No. 2 — approved (amount not specified in transcript). - Resolution 2025-41 (agenda item 4d): Approve work authorization No. 1 to Alliance Geotechnical Group for drill-shaft forensic testing (representative sampling of ~110 shafts), amount $852,318 — approved. Staff explained this testing is required because an earlier testing laboratory lost accreditation; the third-party testing will verify in-place materials to satisfy TxDOT and the Federal Highway Administration. - Resolution 2025-42 (agenda item 4e): Approve work authorization No. 1 to ECS Southwest LLP for MSE wall/retaining-wall testing, amount $783,059 — approved. Staff said credentials and accreditations for the selected firm were verified by a third party. - Resolution 2025-44 (agenda item 4g): Approve agreement with AEP Texas for electrical distribution facilities to provide new service to 365 Tollway components, amount $104,667.09 — approved.

Staff recommended no action on items 4b and 4f pending additional information and withdrew item 4i and 4j from action. The board considered but denied a contractor request (Resolution 2025-45, agenda item 4h) to advance value-engineering change-proposal savings payments before the contractual milestone; the board voted to deny that request (motion to deny passed on a voice vote).

Contractor Paulus Construction president Victor Jimenez addressed the board to request advancement of the milestone payments, saying utility relocations and other impacts were delaying completion and creating cash‑flow pressure for the contractor; Navarro and staff described the outstanding utility and permitting issues that remain and noted that contract security (payment and performance bonds) remains in place. Directors discussed the contractor’s argument and then moved to deny the early-payment request.

No new final actions were taken in executive session; the board returned to open meeting and continued the regular agenda. The meeting adjourned after the board completed items on the agenda.