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Home My WebLink About02/14/2019 - Regular Minutes - Rock Prairie Management District No. 2ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 MINUTES OF MEETING OF BOARD OF DIRECTORS February 14, 2019 The Board of Directors (the "Board") of Rock Prairie Management District No. 2 (the "District") met in regular session, open to the public on February 14, 2019, at 4121 State Highway 6 South, College Station, Brazos County, Texas 77845, in accordance with the duly posted notice of meeting, and the roll was called of the duly constituted members of said Board of Directors, as follows: Uri Geva-President Hays Glover -Vice President Kamal Ariss -Assistant Vice President Jonathan Stark Secretary Randall G. Rother -Assistant Secretary and all of said persons were present, except Directors Ariss and Stark, thus constituting a quorum. Also present were James Murr of College Station Town Center, Inc. ("CSTC"); Cynthia Colondres of Municipal Accounts & Consulting, L.P. ("MAC"); Blake McGregor of Edminster, Hinshaw, Russ and Associates, Inc. ("EHRA"); A vik Bonnerjee of B&A Municipal Tax Service, LLC ("B&A"); Aubrey Nettles of the City of College Station, Texas ("City"); and Christina Cole of Schwartz, Page & Harding, L.L.P. ("SPH"). The President called the meeting to order and declared same open for such business as might properly come before it. APPROVAL OF MINUTES As the first order of business, the Board considered approval of the minutes of its meeting held on January 17, 2019. After review and discussion, Director Geva moved that the minutes for said Board meeting be approved, as written. Director Glover seconded said motion, which unanimously carried. BOOKKEEPING REPORT Ms. Colondres presented to and reviewed with the Board a Bookkeeping Report, a copy of which report is attached hereto as Exhibit A, including checks presented for payment. Following discussion, Director Glover moved that said Bookkeeping Report be approved and that the checks identified in the report be approved for payment. Director Rother seconded the motion, which unanimously carried. ADOPTION OF RESOLUTION ADOPTING LIST OF QUALIFIED BROKERS AUTHORIZED TO ENGAGE IN INVESTMENT TRANSACTIONS WITH THE DISTRICT The Board considered adopting a list of qualified brokers authorized to engage in investment transactions with the District. Ms. Cole presented and reviewed with the Board the attached Resolution Adopting List of Qualified Brokers Authorized to Engage in Investment Transactions with the District, and a list of financial institutions, brokers and dealers attached thereto, together with a comparison of the list submitted to the list previously adopted by the Board, copies of which are attached hereto as Exhibit B. Ms. Cole further noted that the broker list presented is a list of potential institutions with which the District may engage in investment transactions compiled with the input of the District's Investment Officer, but it is ultimately the Board's decision as to where the District's funds are actually placed. After discussion, Director Glover moved that: (i) the attached Resolution Adopting List of Qualified Brokers Authorized to Engage in Investment Transactions with the District be approved by the Board and the District, as discussed, and (ii) that the President and Secretary be authorized to execute same. Director Rother seconded said motion, which unanimously carried. TAX ASSESSOR/COLLECTOR'S REPORT Mr. Bonnerjee then presented and reviewed with the Board the Tax Assessor-Collector report for the month ended January 31, 2019, including checks presented for payment. A copy of such report is attached hereto as Exhibit C. After discussion, Director Geva moved that the Tax Assessor-Collector Report be approved and that the checks identified therein be approved for payment. Director Glover seconded said motion, which unanimously carried. The Board of Directors concurred to defer action on a public hearing regarding taxation by the District of "Goods-in-Transit" Personal Property until a future meeting of the Board. ENGINEERING REPORT Mr. McGregor presented and reviewed with the Board an Engineering Report dated February 2019, a copy of which is attached hereto as Exhibit D. Fallowing presentation of the Engineer's Report and discussion of the action items contained therein, Director Geva moved to (i) concur in the payment of the pay estimates and approve the change order as set forth in the Engineer's Report, and (ii) concur in the award of the construction contract for water, sanitary sewer, drainage and paving facilities for Midtown Reserve Phase 102, by College Station Downtown Residential, LLC, to Greens Prairie Investors, Ltd. in the amount of $791,038.75, subject to the District's attorneys' review of the payment and performance bonds and insurance certificate submitted in connection with the contract to determine if the payment and performance bonds and insurance meet the requirements of the bid specifications, the Texas Insurance Code, the rules of the Texas Commission on Environmental Quality ("TCEQ") and the provisions of the Texas Water Code. Director Rother seconded the motion, which unanimously carried. -2 - 517374 PROFESSIONAL SERVICES AGREEMENT WITH SCHULTZ ENGINEERING, LLC Ms. Cole next presented and reviewed a Professional Services Agreement between the District and Schultz Engineering, LLC, for additional consulting engineering services to be provided to the District. Following review and discussion, Director Geva moved to approve such Professional Services Agreement and authorize the President and Secretary to execute and attest same on behalf of the District. Director Glover seconded the motion, which carried by unanimous vote. A copy of the Professional Services Agreement thus approved is attached hereto as Exhibit E. RULES AND REGULATIONS GOVERNING SEWER HOUSE LINES AND SEWER CONNECTIONS Ms. Cole next advised that the TCEQ requires that all districts which provide or propose to provide sanitary sewer service consider adoption of rules and regulations. In connection therewith, Ms. Cole presented and reviewed with the Board proposed rules and regulations governing connections to the District's sewer collection system and advised that they provided for application of the criteria of the TCEQ. Following review and discussion, Director Glover moved that the Board of Directors adopt the Rules and Regulations Governing Sewer House Lines and Sewer Connections as required by the TCEQ, and authorize SPH to publish notice of the adoption of said rules and regulations as required by law. Director Rother seconded the motion, which unanimously carried. A copy of the Rules and Regulations thus adopted is attached hereto as Exhibit F. ANNUAL REVIEW OF SURVEY OF WAGE RATE SCALES The Board next considered the review of an annual survey of prevailing wage rates for construction projects and the adoption of a Resolution in connection therewith. In that regard, Ms. Cole reported that EHRA, the District's consulting engineers, is recommending that the District adopt the revised United States Department of Labor ("DOL'') wage rate scales for construction projects for Brazos County, Texas, as permitted under Section 2258.022 of the Government Code. Following discussion, Director Rother moved that the new DOL wage rate scales for Brazos County, Texas, be adopted as the prevailing wage rate scale for construction projects of the District, and that the Resolution Adopting Prevailing Wage Rate Scale for Construction Projects attached hereto as Exhibit G be adopted by the Board. Director Glover seconded said motion, which unanimously carried. DEVELOPER'S REPORT The Board considered the Developer's Report. Mr. Murr updated the Board on the status of development within the District. It was the consensus of the Board to defer action on a request to the City of College Station for re-appointment and/or replacement of directors to the Board of the District until the April 11, 2019, Board meeting. -3 - 517374 ATTORNEY'S REPORT The Board considered the Attorney's Report. A discussion ensued concerning the upcoming meetings of the Board, following which, the Board concurred that no regular meetings will be held in March or May, 2019, unless deemed necessary, and that the next meeting of the Board will be held on April 11, 2019. FUTURE AGENDA ITEMS The Board considered items for placement on future agendas. No specific agenda items, other than routine and ongoing matters were requested to be placed on a future agenda. ADJOURNMENT There being no further business to come before the Board, on motion made by Director Geva, seconded by Director Glover, and unanimously carried, the meeting was adjourned. -4 - 517374 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G 517374 LIST OF ATTACHMENTS Rock Prairie Management District No. 2 Minutes of Meeting of February 14, 2019 Bookkeeping Report Resolution Adopting List of Qualified Brokers Authorized to Engage in Investment Transactions with the District and List of Financial Institutions, Brokers and Dealers Tax Assessor-Collector Report Engineering Report Professional Services Agreement with Schultz Engineering, LLC Rules and Regulations Governing Sewer House Lines and Sewer Connections Resolution Adopting Prevailing Wage Rate Scale for Construction Projects -5 - EXHIBIT "A" MUNICIPAL ACCOUNTS CONSULTING, L:P Rock Prairie Management District No. 2 Bookkeeper's Report February 14, 2019 1281 Brittrnoore Road • Houston, Texas 77043 • Phone: 713.623.4539 • Fax: 713.629.6859 Num Name BALANCE AS OF 01/18/2019 Receipts Interest earned on Checking-January Developer Advance Total Receipts Disbursements 1063 1064 1065 Fees Municipal Accounts & Consulting, LP Schwartz, Page & Harding, L.L.P. EHRA Engineering Compass Bank Total Disbursements BALANCE AS OF 02/14/2019 Rock Prairie MD No. 2 -GOF Cash Flow Report -Checking Account As of February 14, 2019 Memo Bookkeeping Fee Legal Fees Engineering Fees Service Charge -January COMPASS BANK-PREMIER -#XXXX.0276 2 Amount Balance ($9,899.21) 0.53 11,000.00 11,000.53 (926.70) (6,807.91) (4,461.21) (0.53) (12,196.35) ($11,095.03) Rock Prairie MD No. 2-GOF Actual vs. Budget Comparison January 2019 January 2019 June 2018 -January 2019 Annual Actual Budget Over/(Under) Actual Budget Over/(Under) Budget Revenues 14100 Developer Advance 0 0 0 22,000 22,000 0 73,525 14350 Maintenance Tax Collections 0 0 0 0 0 0 10,000 14380 Other Income 0 0 4 3 5 Total Revenues 0 0 22,004 22,003 83,530 Expenditures 16330 Legal Fees 6,545 5,000 1,545 27,462 40,000 (12,538) 60,000 16350 Engineering Fees 4,461 800 3,661 6,701 6,400 301 9,600 16430 Bookkeeping Fees 906 375 531 2,463 3,000 (538) 4,500 16460 Printing & Office Supplies 155 125 30 413 1,000 (587) 1,500 16470 Filing Fees 0 25 (25) 466 200 266 300 16480 Delivery Expense 19 8 10 110 67 43 100 16520 Postage 8 4 4 12 33 (22) 50 16530 Insurance & Surety Bond 0 0 0 0 0 0 3,400 16540 Travel Expense 102 90 12 732 720 12 1,080 16560 Miscellaneous Expense 1 250 (249) 4 2,000 (1,996) 3,000 Total Expenditures 12,196 6,678 5,519 38,363 53,420 (15,057) 83,530 Excess Revenues (Expenditures) ($12,196) ($6,677) ($5,519) ($16,358) ($31,417) $15,058 $0 3 EXHIBIT ''B'' ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 2019 LIST OF AUTHORIZED BROKERS Allegiance Bank Amegy B~, N.A.1 a division of -6BZions Bancorporat10n N.A. Airiencan Barik of Commerce (ABC Bank) Austin Cl!pital Bank SSB BanCo!f South Bank Banko Alrienca N.A./Merrill L_ynch Bank of Texas, a division of BOK.F, N.A. Bank of the Ozarks OZK Bank of the West -- BBV A -Compass Bank Beal Bank SSB I Beal Bank U SA Blackrock Investments 1 Inc. BOK Financial Securities, Inc. I BOS <§ Inc. Branch Banking and Trust Company ( B&T) Business Bank of Texas, N.A. Cadence Bank, N.A. Capital Bank of Texas Capital One1 N .A. Central BanK Chasewood Bank Citibank N.A./Citigroup Comerica Bank Commercial State Bank Community Bank of Texas East West Bank Edward Jones Federated Investors Inc. Fidelity Investments First Bank and Trust East Texas First Citizens Bank First Financial Bank, N.A. First National Bank Texas/First Convenience Bank First State Bank Central Te>ms First Texas Bank First United Bank Frontier Bank of Texas Frost Bank FTN Financial Green Bank, N.A. Guaranty Bank & Trust, N.A. Hancock Whitney Bank Heritage Baru(, N:A. Herring Bank Hilltop Securities, Inc ./First Southwest Asset Manao-ement Homef own Bank, N.A. IberiaBank Icon Bank of TeJms , N .A. Independent Bank Integrity Bank, SSB International Bank of Commerce (IBC Bank) Inter National Bank J.P . Morgan Chase & Co.IJ.P. Morgan Securities I JPMorgan Chase Bank, N.A. Legac_y_Texas Bank Legg Mason, Inc. LOGIC (Local Gov't. Investment Cooperative) Lone Star Bank Lone Star Investment Pool/First Public, LLC Lowery Bank, a division of Huntington State Bank MidSouth B~ N.A. Moody National Bank Morgan Stanley New.First National Bank Pioneer Bank PlainsCapital Bank Plains State Bank Post Oak Bmlic Preferred Bank Prosperity Bank Raymond J arnes Financial, Inc. RBank RBC CaQi.tal Markets/RBC Investments Regions ~ank Robert w. Baird & Comp fb}nc. Santander Simmons Ban.K , . . Southside Barik SouthStar Bank SSB Spirit of Texas Bank SSB State Street Bank & Trust Co. Texan Bank Texas Capital Bank,, N.A. Texas Citizens Barn( Texas C.L.A.S .S. Texas Exchange Banl( Texas First Ballk. Texas GulfB~ N.A. Texas Regional Jjank TexPool/TexPool Prime Tex Star Investment Pool The Bank of New York Mellon The Bank of New York Mellon Trust Company, N.A. The Banlc of River Oaks The First National Bank of BastrQJ:> The Independent Bankers Bank (TIB) Third Coast Bank S .S.B. Trustmark National Bank UBS Financial Services, Inc. UBS Securities LLC. United Bank of El Paso del Norte United Texas Bank Unity National Bank Vantage Bank Veritex Community Bank Walhs:::state Bank Wells Fargo Advisors Wells Fargo Bank, N.A. Wells Fargo Investments, LLC Wells F ~~o Securities, LLC Westbooo Bank WestStar Bank 'Nhitney Banlc Woodforest National Bank RESOLUTION ADOPTING LIST OF QUALIFIED BROKERS AUTHORIZED TO ENGAGE IN INVESTMENT TRANSACTIONS WITH ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 WHEREAS, Rock Prairie Management District No. 2 (the "District") is a body politic and corporate and a governmental agency of the State of Texas, operating under and governed by the provisions of Chapter 3909, Texas Special District Local Laws Code, and Sections 52 and 52-a of Article III and Section 59 of Article XVI of the Texas Constitution; and WHEREAS, Chapter 2256, Texas Government Code, as amended, requires that the Board of Directors of the District annually review, revise and adopt a list of qualified brokers that are authorized to engage in investment transactions with the District; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2, THAT: Section 1: The Board of Directors of the District hereby adopts the list of financial institutions, brokers and dealers attached hereto as Exhibit "A" as the list of qualified brokers that are authorized to engage in investment transactions with the District. Section 2: The provisions of this Resolution shall be effective as of its date of approval by the Board of Directors and shall remain in effect until modified by action of the Board of Directors, and any resolution heretofore adopted by the Board of Directors adopting a list of qualified brokers that are authorized to engage in investment transactions with the District shall be and is hereby revoked as of the effective date of this Resolution. PASSED AND ADOPTED this 14th day of February, 2019. ATTEST: By:&AL Assistant Secretary, Board of Directors ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 ~\N By:~~~~~~~~-~'~~~~~ President, Board of Directors EXHIBIT "A" LIST OF AUTHORIZED BROKERS Allegiance Bank Amegy Bank, N.A., . a division of Zions Bancorporat10n N.A. American Bank of Commerce (ABC Bank) Austin Capital Bank SSB BanCorpSouth Bank Bank of America N.A./Merrill Lynch Bank of Texas, a division of BOKF, N.A. BankOZK Bank of the West BBV A -Compass Bank Beal Bank SSB I Beal Bank USA Blackrock Investments, Inc. BOK Financial Securities, Inc. I BOSC, Inc. Branch Banking and Trust Company (BB&T) Business Bank of Texas, N.A. Cadence Bank, N.A. Capital Bank of Texas Capital One, N.A. Central Bank Chasewood Bank Citibank N.A./Citigroup Comerica Bank Commercial State Bank Community Bank of Texas East West Bank Edward Jones Federated Investors Inc. Fidelity Investments First Citizens Bank First Financial Bank, N .A. . . First National Bank Texas/First Convernence Bank First Texas Bank First United Bank Frontier Bank of Texas Frost Bank FTN Financial Guaranty Bank & Trust, N.A. Hancock Whitney Bank Heritage Bank, N.A. Herring Bank Hilltop Securities, Inc. HomeTown Bank, N.A. IberiaBank Independent Bank International Bank of Commerce (IBC Bank), . J.P. Morgan Chase & Co./J.P. Morgan Secunties/ JPMorgan Chase Bank, N.A. Legacy Texas Bank Legg Mason, Inc. . LOGIC (Local Gov't. Investment Cooperative) Lone Star Bank . Lone Star Investment Pool/First Public, LLC Lowery Bank, a division of Huntington State Bank MidSouth Bankf N.A. Moody Nationa Bank Morgan Stanley NewFirst National Bank Pioneer Bank PlainsCapital Bank Plains State Bank Preferred Bank Prosperity Bank Raymond James Financial, Inc. RBank RBC Capital Markets/RBC Investments Regions Bank Robert W. Baird & Company, Inc. Simmons Bank Southside Bank SouthStar Bank, SSB Spirit of Texas Bank SSB State Street Bank & Trust Co. Texan Bank Texas Capital Bank,, N.A. Texas Citizens Baru< Texas C.L.A.S.S. Texas Exchange Bank Texas First Bank Texas Gulf Bank, N.A. Texas Regional Bank TexPool/TexPool Prime Tex Star Investment Pool The Bank ofNew York Mellon The Bank ofNew York Mellon Trust Company, N.A. The First National Bank of Bastrop The Independent Bankers Bank (TIB) Third Coast Bank S.S.B. Trustmark National Bank UBS Financial Services, Inc. UBS Securities LLC. United Bank of El Paso del Norte United Texas Bank Unity National Bank Vantage Bank Veritex Community Bank Wallis Bank Wells Fargo Advisors Wells Fargo Bank, N.A. Wells Fargo Investments, LLC Wells Fargo Securities, LLC WestStar Bank Woodforest National Bank EXHIBIT "C" MUNICIPAL TAX SERVICE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT 2 B & A MUNICIPAL TAX SERVICE, LLC 13333 NORTHWEST FREEWAY, STE 505 HOUSTON, TX 77040 FOR THE MONTH ENDING January 31, 2019 MAIN 713-900-2680 TOLL FREE 1-888-598-7409 MUNICIPAL TAX SERVICE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT 2 FOR THE PERIOD ENDING 1/31/19 RECEIVABLES SUMMARY 2018 Balance Forward Levy at 05/31/18 FYE CAD Changes I Uncollectible Outstanding Balance forward Prior Years (2017-2010) at 05/31/18 FYE CAD Changes I Uncollectible Total Levy to be collected Collection prior months (all years) 2018 Taxes Collected net NSF & KR Refunds during current month Taxes Collected for Prior Years net NSF & KR Refunds during current month Total Outstanding Balance TAX ACCOUNT Income Taxes Collected Current Year Taxes Collected Prior Year Penalties & Interest Collection Fee Paid Overpayments NSF or Reversals, Bank Charges Other Fees & Court Costs, Etc Earned Interest Beginning Balance -Tax Account Expenses CK# 1028 Rock Prairie Management District 2 -Operating Fund CK# 1029 CK# 1030 Perdue Brandon Fielder Collins & Mott -Delq Atty Coll (1/2019) B&A Municipal Tax Service, LLC -Invoice MD2-041 CK# 1031 B&A Municipal Tax Service, LLC -Invoice MD2-042 B & A MUNICIPAL TAX SERVICE, LLC 13333 NORTHWEST FREEWAY, STE 505 HOUSTON, TX 77040 Ending Balance -Tax Account MAIN 713-900-2680 TOLL FREE 1-888-598-7409 $0.00 $49,461.25 ------------ $129.47 $0.00 ($12.45) ($38, 113.40) ($117.02) $38, 113.40 $117.02 $19.89 $27.38 $0.00 $0.00 $0.00 $1.19 -------- $38,278.88 $25,000.00 27.38 515.30 720.49 -------------- $26,263.17 49,461.25 129.47 49,590.72 ~-(~8,242.871 11,347.85 3,309.47 41,588.35 15,325.18 2 MUNICIPAL TAX SERV!CE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT 2 FOR THE PERIOD ENDING 1/31/19 OUTSTANDING TAXES-YEAR TO DATE BALANCE FORWARD CAD TAX @ SUPPLEMENTS & YEAR 10/01/18 2018 $49,461.25 2017 $19,962.78 EXEMPTIONS & TAX RATES TAX YEAR 2018 2017 HOMESTEAD EXEMPTION 0.00% 0.00% DISTRICT VALUES TAX LAND& YEAR IMPROVEMENTS 2018 9,881,920 2017 4,069,643 B &AMUNICIPAL TAX SERVICE, LLC 13333 NORTHWEST FREEWAY, STE 505 HOUSTON, TX 77040 CORRECTIONS $0.00 OVER65 / DISABLED 0 0 AG NET 28,690 27,010 UNCOLLECTIBLE M &ORATE 0.50000 0.50000 PERSONAL PROPERTY 309,850 0 COLLECTIONS $38,113.40 $19,962.78 DEBT SERVICE RATE 0.00000 0.00000 EXEMPTIONS 328,210 104,096 MAIN 713-900-2680 TOLL FREE 1-888-598-7409 OUTSTANDING COLLECTIONS TAXES PERCENTAGE $11,347.85 77.06% ($0.00) 100.00% $11,347.85 CONTRACT TAX RA TE TOTAL RA TE 0.00000 0.50000 0.00000 0.50000 TOTAL VALUE SR KR 9,892,250 16 16 3,992,557 47 47 3 MUNICIPAL TAX SERVICE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT 2 FOR THE PERIOD ENDING 1/31/19 BEGINNING BALANCE INCOME PROFIT & LOSS CURRENT MONTH 1/1/19 -1/31/19 3,944.59 FISCAL YEAR 6/01/18 -1/31/19 10,271.84 -------------------· _1_Q°/o R_endition Pe11_§1Jty_ . _ ... -·--__ _ 0.00 -------· -- 0.00 ·---------- f3ad Cheig~g_ha_rg~e_s __ 0.00 ------------- 0.00 ---------_____ .. _ Court Cos~/Abstt-ac~_ Filing Fees ____ _ 0.00 0.00 ------- Collection Fee 27.38 27.38 ---------------------------------- Earned Interest 1.19 9.80 ·---------------------------------- 7.55 ---------- 0.00 Overpaymentl5 _ ___ ______ _ _ 19.89 19.89 ·--------------f'encilty!_lnteres!_ _____ ··---·---·· ___ _ Taxes Collected Total Income EXPENSES Aud it/Records £.tto~E!Y -Gener<!l_Icix M_§lt!E!r.? __ _ _E3~1'l~_Ct)~rge~------ Bond Premium ---- Boundary Map CAD Fees Certificate of Value ------------- Copies Correction Roll Refunds Correction Roll Rendition Refunds Continuing Disclos~.r-.El._ Court Affidavits 38,230.42 ------------- 38,242.87 38,307.49 38,278.88 0.00 0.00 --·------------- 0.00 0.00 --------------------· 0.00 0.00 0.00 -·---------- 40.80 0.00 0.00 0.00 0.00 50.00 43.00 173.83 -------- 0.00 ---------- 381.80 ------ 0.00 --- 0.00 0.00 ------------------------- 0.00 0.00 _______________ .. __ . 0.00 0.00 Qelinquei11t Tax Attorney Assistance__ __ _ ____ 0.00 _____ 0._0_0 .Delinquent Tax Attorneyi:-_eie__ __ 0.00 0.00 Installment Tracking 0.00 0.00 l:J.11claLmed Property Report ·-·-··-··· __________ 0.00___ -·----··------. _____ 0._0_0 L~gal_N()tic:;es -----··-----· ____ . ___ 0_.00 650.00 _Mailing & tlCill~ling __________ ---~-2._7_7 56.70 Mee~ng Travel & Mileage .. ·--······--··-··· . . __ O.QO -------·-·-··-···-·------··-----____ 1,_31_7_. 5_2 NSF or Return Item Fees 0.00 0.00 ----------------------------------------------------- Qverpayment Refund __ 0._00_ 7.55 Public Hearing ·-·· --·· .. _ _ ·---O.OQ _______ ··------· 0.00 Records Retention 0.00 0.03 ---------------------·---·-------- RQll_LJ2date & Processing 56.25 206.25 Supplies . ____ .. _________ 0.00 0.80 Tax Assessor Collector Fee -AB ___ ~1-~:3_0 __ ____ '!._1_Q3.50 Tax RatePrepCiration & Calculation ... _______ 0.00 ___ Q._00 Transfer to Contract Tax 0.00 0.00 Transfer to Mainteinance & Operciting 0.00 _ ___ 0.00 Transfer to Debt Service 0.00 0.00 ENDING BALANCE B & A MUNICIPAL TAX SERVICE, LLC 13333 NORTHWEST FREEWAY, STE 505 HOUSTON, TX 77040 635.12 41.588.35 MAIN 713-900-2680 TOLL FREE 1-888-598-7409 6,990.98 41.588.35 4 MUNICIPAL TAX SERVICE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT 2 FOR THE PERIOD ENDING 1/31/19 YEAR TO YEAR COMPARISON tto: 2018 __ 1-___ __°(c_o _ -20171 ---_-% -=~-=t=~V-ARIANCE-_ $0.00 $0.00 0.00% 0.00% -------------------1--- 1 November $0.00 $0.00 0.00% 0.00% -------------- December_ -+ $0.00 I 0.00% $0.00 0.00% 0.00% -----r-- ~3_8, 113.4-Q+ I II Januci_ry_ ---1 I February March May Jljl}'__ ~ugust ~eptem_b ___ er _________ ,___ --------------- $0.00 0.00% 77.06%1 -----------------1 $1,665.60 8.34% ------------------------------------------c -~-18_,1_67_. 7J $0.00 $0.00 $0.00 I __ $1_2.4-~L- I 99.35%1 -------1 I I 0.00%1 --1 99.35% I 0.00% --------r------ 1 99.35%j I 0.00% 99.35% 0.00% 99.41% 0.00% -:~::[__·-=_-:_-:_~~: 0.00% 0.00% MONTHLY COLLECTIONS 20181 20171 $38, 113.40 $117.02 B & A MUNICIPAL TAX SERVICE, LLC 13333 NORTHWEST FREEWAY, STE 505 HOUSTON, TX 77040 MAIN 713-900-2680 TOLL FREE 1-888-598-7409 5 MUNICIPAL TAX SERVICE,LLC ROCK PRAIRIE MANAGEMENT DISTRICT NO 2 FOR THE PERIOD ENDING 01/31/19 PLEDGED SECURITIES REPORT SECURITIES PLEDGED AT 105% OVER FDIC INSURED $250,000 COLLATERAL SECURITY AGREEMENT ON FILE : YES TAX BANK ACCOUNT HELD AT: WELLS FARGO/ BANK OF NEW YORK MELLON COLLATERAL SECURITY REQUIRED: TYPE OF PLEDGED INVESTMENT: IN COMPLIANCE W/ DISTRICT INVESTMENT POLICY: BA MUNICIPAL TAX SERVICE 13333 NORTHWEST FREEWAY SUITE 505 HOUSTON TX 77040 MAIN 713-900-2680 TOLL FREE 1-888-598-7409 NO YES PS STATE OF TEXAS § COUNTY OF BRAZOS § Avik Bonnerjee, being duly sworn, says that he is the Tax Assessor-Collector for the above named District and the foregoing contains a true and correct report accounting for all taxes collected for said District during the month therein stated. Avik Bonnerjee, RTA SWORN TO AND SUBSCRIBED BEFORE ME, this 1st day of February 2019. REBECCA LYNN BREWER Notary ID # 125B819 My Commission Expires March 1, 2020 Rebecca Lynn Brewer Notary Public, State of Texas Notary ID #1258819 My Commission Expires March 1, 2020 Jurisdiction: MD2 "' Bank WELLS FARGO BANK GL Account Summar:y Taxes Paid P&I Paid Coll Fee Paid Deposit Date 1/28/2019 1/28/2019 1/29/2019 1/29/2019 1/29/2019 1/31/2019 Total Deposits 2018 38, 113.40 38,113.40 ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 Deposits Report For Dates 1/1/2019 thru 1/31/2019 Deposit No 2019001 2019002 2019003 2019004 2019005 2019006 6 2017 117.02 19.89 27.38 164.29 Payments Total Rei;iort 38,230.42 19.89 27.38 38,277.69 0 1 1 1 0 3 6 Deposit Amount 0.00 12.50 164.29 13.05 0.00 38,087.85 38,277.69 Page 1 2/11/2019 10:50 AM Report Prepared by B&A Municipal Tax www.bamunitax.com MUNICIPAL TAX SERVICE, LLC Bill To Rock Prairie Management District No. 2 13333 Northwest Freeway Suite 505 Houston TX 77040 Description Avik Bonnerjee, RTA -Tax Assessor Collector Fee February 2019. 2018 Additional Unit Count Invoiced 2019 Thank you for your business. 13333 Northwest Freeway, Suite 505 Houston, TX 77040 Invoice Date Invoice# 21112019 MD2-041 Unit Count Rate Amount 512.60 512.60 3 0.90 2.70 Total $515.30 ---P'Ol~ ,/, l'l C,K 1030 Ill PH: 713-900-2680 www.bamunitax.com MUNICIPAL TAX SERVICE, LLC Copies Bill To Rock Prairie Management District No. 2 13333 Northwest Freeway Suite 505 Houston TX 77040 Description Postage, Mailing, and Handling (16) Statement Mailing & Handling B&A (CR) Statement Mailing & Handling (Agent) Public Hearing/Tax Rate Adoption (10/3/18, 11/21/18 & 12/18/18) Thank you for your business. wiR·~. 13333 Nmthwest Freeway, Suite 505 Houston, TX 77040 Qty 266 0.5 0.25 3 Total PH: 713-900-2680 Invoice Date Invoice# 2/1/2019 MD2-042 Rate Amount 0.20 53.20 11.04 11.04 75.00 37.50 75.00 18.75 200.00 600.00 $720.49 /J I) "' d ,_.,, ,,. rVl..01-·d 1 I I t!..-1\ 1031 Ill! www.bamumtax.com EXHIBIT "D" ;.,; ~~ LE . ~ R. ffeu ... I i.p, l . ' I ·· ' Ji , I . i.,_. Ii ' f l ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 ENGINEERING REPORT FEBRUARY 2019 Engineering Report, including: TBPENo . F-72 6 TBPLS No . 10092300 a. Authorize the design and/ or advertisement of bids for construction of facilities within the District; approval of related Storm Sewer \'Vater plans; including District: 1. Status of design of Lakeway Drive Reserve Phase 201. No Update. Board Action: None. b. Authorize the award of or concurrence in award of contracts for the construction of facilities within the District, authorizing acceptance of1EC Form 1295; and approval of any storm water permits, including: 1. Midtown Reserve Phase 102. \\le have reviewed and tabulated the three (3) bids received on Thursday, January 31, 2019, . .•. for the .. above-referenced project, and have determine d the low bidderto be G rc·ens P rairie ·' Investors, Ltd., in the amount of $791,038.75. Developer has satisfactory past experience and work histo ry of similar projects with Greens Prairie Investors, Ltd. Therefore, we recommend that the contract for this project be awarded to Greens Prairie Investors, Ltd. for the aforementioned amount contingent upon approval of bonds and certificate of insurance. Board Action: Award contract to the low bidder. P:\ 151 ·068 -00\Doc8\Rcports\02 l'cb 2019.doc . • "'• . " .... •• -----------------•• ·-e-----------. ---j, .-.. ~:'. ~, ... ::.\.: .. ·i".·-·. · ,·: :·.·. ,.·< ._ .. i ·En~1rie~"tiKt -.tiilr!ut0ris;il~e·~~~6' .. ·-:~'.·_· · -~-, · . -. ·I ~; ~~:: ;_ · · :. '.·~·::< ·:::·~· ~ .. ·:. ':1.0~~~ ~~~~*ce:.~r1~~:t~.~.u~.~<>n~·ir~~.~?.e~ZfJ ~?~1~.~~.~~;!~!11~~4t~JJ . · . -·~~Mi?~·~Q~~---_ --·=-_ -=-J ; -~ ~:}' ., . Rock Prairie Management Dimict No. 2 Febrna1y 2019 Page 2 c. Status of construction facilities to serve land within the District, including the approval of any pay estiinates, change orders; and authorize acceptance of Texas Ethics Commissions ("TE.C") Form 1295, including: 1. Construction of off-site sanitary sewer trunk line by Whitestone Civil Construction, LLC. Contractor Whitestone Cil'il Constructim1 Ll.C Contrnct Dnys 180 Jl\)'S Appro1·cd fatensions 30 d1\)'S Contrnct Completion Dntc 11/28/2018 Dote A1111rovcd Comment Contract Bid Amount S2,0i8,962.00 5/2/2018 Notice to Proceed Issued Pence nnd Stnndpipc rent for Change Order No. I S52,267.76 8/9/2018 Lnndfill & ndditionnl CSS Change Order No. 2 $72,170.36 For approval lle-forcs~nion required by 1hc Cit)' Qunntity Adjustments -S9,000.00 Totnl ContrJct Amount S2,194,400.12 l'ay Request No. I S35,482.50 7/12/2018 Pny Request No. 2 $65,115.00 7/12/2018 Pay Request No. 3 $355,942 .00 7/12/2018 Par Request No. 4 $560,690.50 8/9/2018 Pay Request No. 5 $506,665.80 1/17/2019 Pay Request No. 6 $177,596.51 1/17/2019 Pny Request No. 7 St 1,975.18 1/17/2019 Pay llet1uest No. 8 $10,267.87 1/17/2019 Pay Request No, 9 $90,193.65 F<?r Approval Pay Request No. 10 .. $142,199.28 For Approl'al Total Pnr Requests Sl,956,128.29 Remaining on Contrnct $238,271.83 10.86% of Contract Remaining Board Action: Approval of Pay Request No. 9 & 10 2. Construction of on-site sanitary sewer trunk line by Greens Prairie Imrestors, Ltd. Contractor Contract Days 1\pprol'ed Extensions Conrroct Completion Date Contmct Bid Amount Total Contract Amount Total Pay Rcqucm Remaining on Contr.ict P:\ 151 -068-'00\Docs\Rcports\02 Feb 2019 .doc Greens Prnirie lm·estors, Ltd. 120 days 0 days 8/30/2018 5322,584.00 5322,584.00 50.00 $322,584.00 Date Appro\•ed 5/2/2018 10555 Westolfice Drive I Houston, Texas 77042 t 713.784.4500 l I 713.784.4577 I www.EHRAinc.com Comment Notice to Proceed Issued 100.00% of Contract Remaining "· ~. EHRA '-../ Rock Prairie Management District No. 2 Februaty 2019 Page 3 Construction is underway. Boatd Action: None. 3. Construction of water, sanitary, drainage and paving facilities fot Bird Pond Road by Brazos Paving, Inc. Contractor Contract Days Approved Extensions Contract Completion Date Contract Bid Amount Quantity Adjustment No. t Total Contract Amount Pay Request No. 1 Pay Request No. 2 Pay Request No. 3 Pay Request No. 4 Total Pay Requests Remaining on Contrllct Construction is underway. Bravos Pa\'ing Inc 300 22 8/19/2019 $4,784,000.00 -$366,609.99 $4,417,390.01 $94,060.58 $361, 440. t 6 $157,923. 91 $198.528.22 SSt 1,952.87 $3,605,437. 14 • ,'•j days days Date Apptoved 10/1/2018 t/17/2019 1/17/2019 For Approval For Approval Comment Notite to Proceed Issued 81.62% of Contract Remaining Board Action: Approve Pay Request No. 3 & 4. 4. :Midtown Reserve Subdivision Phase 100 by Greens Prairie Investors, Ltd. Contractor Contract Days Approved fatensions Contract Completlon Date Contract Bid Amount Total Contract Amount Total Pay Requests Remaining on Contract No Update. Board Action: None. Greens Prairie Im·estors, Ltd. 120 days 0 days $447 ,933.00 $447,933.00 so.oo $447,933.00 Date Approved Comment Notice to Proceed Issued 100.00% of Contract Remaining P: \ l 51-068-00\Docs\Rcports \02. Feb 2019.doc 10555 Westoffice Drive I Houston, Texas 77042 t 713.784.4500 I f 713.784.4577 I www.EHRAinc.com ,.,.-...... EHRA "-._/ Rock Prairie Management District No. 2 Februa1y 2019 Page 4 d. Acceptance of site and/ or easement conveyances for facilities to be constructed for the District; and acceptance of facilities for operation and maintenance purposes. Board Action: None. e. Adoption of a plan relative to future proposed recreational facilities and adoption of a Resolution Adopting Plan for recreational facilities. Board Action: None. f. Status of acceptance by the City of College Station, Texas, for maintenance of streets. Board Action: None. P: \ 151-068-00\Docs\Rcports\02 Feb 2019.doc 10555 Westoffice Drive I Houston, Texas 77042 t 713.784.4500 If 713.784.4577 I www.EHRAinc.com ~ EHRA ""--/ EXHIBIT "E" PROFESSIONAL SERVICES AGREEMENT between ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 and SCHULTZ ENGINEERING, LLC This Professional Services Agreement ("Agreement") is made by and between ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 (hereinafter referred to as "DISTRICT") and SCHULTZ ENGINEERING, LLC (hereinafter referred to as "ENGINEER") dated effective the of , 2018. WITNESS ETH: Whereas, the DISTRICT proposes to provide certain improvements within the District, consisting principally of the constrnction of storm sewer system, water system and/or sanitary sewer system along with appurtenances thereto in connection with all of the aforementioned systems and/or facilities. The District may from time to time require the services of the Engineer as provided herein. Now, therefore, the DISTRICT and the ENGINEER for the consideration hereinafter set forth, agree as follows: I. SERVICES: ENGINEER agrees to perfonn the following services for the DISTRICT in conformance with the following descriptions, terms, and conditions: a. CONSULTING ENGINEERING SERVICES. ENGINEER will provide general engineering consulting services to the DISTRICT as requested by the DISTRICT. "Services" include, but are not limited to the following: I. Preparation for and attendance at meetings as requested and/or required by the DISTRICT. 11. Preparation of reports necessary for the DISTRICT, including but not limited to monthly engineering reports and reports requested by other DISTRICT consultants. 111. Review of documents prepared by persons or entities other than the ENGINEER, including constrnction plans prepared by entities other than the ENGINEER. 1v. Preparation and/or updating of master plan for water distribution, sanitmy sewer collection and storm drainage systems. v. Perform site visits to investigate specific matters with or related to the District's water, sanita1y sewer, drainage, road or other systems. VI. Maintain the District's engineering records, including maps, surveys, construction plans and specifications, construction contract documents, engineering reports and exhibits, to be filed at the office of the Engineer. vii. Contract administration during construction. v111. Storm water pollution prevention plans. 1x. Stonn water Management Plans. b. DESIGN & CONSTRUCTION ADMINISTRATION SERVICES FOR CAPITAL PROJECTS. ENGINEER agrees to perform the following services for the DISTRICT in connection with major capital projects which may include, but are not limited to, water, sanitary sewer and drainage improvements and/or rehabilitations; and road expansions. ENGINEER will perfonn these services in three phases. i. Preliminaiy Phase Services: ENGINEER will discuss the assignment with DISTRICT (and DEVELOPER for DEVELOPER Projects as defined and further described herein); assist DISTRICT in arranging for surveys, soil borings, investigations, and tests for DISTRICT'S account, as required; prepare preliminaty drawings and preliminary construction opinions of probable cost estimates; and present recommendations. 11. Design Phase Services: After completion of Preliminaty Phase and when authorized by DISTRICT, ENGINEER will arrange for additional surveys, soil borings, investigations, and tests for DISTRICT'S account, as required; prepare final contract drawings in ink on Mylar, specifications, and cost estimates; provide assistance in an effort to obtain necessaty approvals from applicable federal, state, and local agencies; and prepare necessaty bidding documents. 111. Construction Phase Services: After completion of Design Phase and when authorized by DISTRICT, ENGINEER will assist DISTRICT in securing and analyzing bids or negotiated proposals, recommend awards of construction contracts, and consult with DISTRICT during construction; transmit instructions of DISTRICT to Contractor; periodically visit construction site to observe progress and quality of work; interpret drawings and specifications; review shop drawings, material and equipment tests, and Contractor's pay estimates; observe the completed construction for conformity to contract documents; and issue to DISTRICT a Certificate of Substantial Completion at which time Basic Services shall be deemed complete. II. COMPENSATION: DISTRICT agrees to pay ENGINEER for above-described services in accordance with the following descriptions, definitions, terms, and conditions. a. Hourly Rates: Charges for hourly services will be made in accordance with the SCHEDULE OF HOURLY RA TES presented and approved by the Board. Unless otherwise approved by the Board of Directors of the DISTRICT, Consulting Engineering Services as defined in Section I(a) will be perfmmed on an hourly fee basis. b. Lump Sum: Any service proposed by ENGINEER under a lump sum fee structure shall be presented to the Board of Directors of the District for approval. Said proposal shall identify the nature of the particular assignment, the scope of the services to be performed and the amount and amount of compensation for the proposed services. c. Reimbursable Expenses: Expenses shall include transportation and subsistence, cost of ENGINEER'S field office, reproduction, computer services, subcontracts, surveying expenses, and similar items. Such expenses shall be reimbursed in accordance with the rates identified in the SCHEDULE OF HOURLY RATES and REIMBURSABLE EXPENSES presented and approved by the Board. III. DEVELOPER PROJECTS: For projects to be funded by a developer of land in the District ("DEVELOPER"), ENGINEER shall submit to DISTRICT and DEVELOPER for DISTRICT's and DEVELOPER's approval a written proposal which shall clearly state the scope of Services to be performed, the schedule for performance, the method of pricing and/or compensation, and such other matters as may be pertinent to the individual authorization. No Services for Projects funded by DEVELOPER shall be provided unless and until DISTRICT and DEVELOPER have approved ENGINEER's written proposal. The terms of this Agreement shall supersede any conflicting terms contained in such proposal. N. PAYMENTS: Engineer will invoice DISTRICT (or DEVELOPER as applicable) monthly in amounts based on ENGINEER'S estimate of the portion of the Basic Services completed, plus charges for Additional Services performed. DISTRICT agrees to promptly pay ENGINEER at its office in Brazos County, Texas, the undisputed amount of each such invoice upon receipt. A charge equal to the lesser of 0.75% per month -2- or as otherwise allowed by law will be added to the unpaid balance of invoices not paid within 45 days after date of invoice. Notwithstanding anything to the contrary herein, ENGINEER understands and agrees that all or a portion of the funds for the payment of engineering fees will be taken from proceeds of bonds approved, issued and sold by DISTRICT and that prior to the approval, issuance and sale of such bonds, all or a p01iion of the ENGINEER'S fees may be paid by the developer or developers of the land development project within the District, as agreed between the ENGINEER and any such developer or developers. The ENGINEER agrees that DISTRICT will not be responsible for payment for services until DISTRICT has either sold bonds specifically designated for the billed services and has received the bond funds therefor, or has made other arrangements for funding to pay the ENGINEER prior to the construction of said project(s). Notwithstanding any other items, conditions, or provisions of the general or special conditions or any other provisions of this Agreement to the contraty, DISTRICT shall be deemed at1d considered as Owner for all purposes under the Agreement, except that DEVELOPER shall be considered the "DISTRICT" for purposes of making any and all payments to ENGINEER and for paying all damages, if any, that might ever be due or payable by DISTRICT, for DEVELOPER Projects. V. OWNERSHIP OF DOCUMENTS: All documents, including original drawings, estimates, specifications, field notes, and data prepared pursuant to this Agreement are and shall remain the property of the DISTRICT and DISTRICT may only utilize said drawings, estimates, specifications, field notes and data for construction, maintenance, repairs and modifications of the Project for which they were prepared unless given express written consent by the ENGINEER. ENGINEER may, at its sole expense, obtain a set of reproducible record copies of construction drawings, technical specifications and other deliverable documents, but agrees that ENGINEER will use such copies solely in connection with the project(s) covered by this Agreement and for no other purpose. ENGINEER agrees to maintain all such documents and records of the DISTRICT in accordance with the requirements of the Texas Public Information Act, Chapter 552, Texas Government Code, as amended (the "Public Information Act"), and the Texas Local Government Records Act, Chapter 201-205, Texas Local Government Code, as amended (the "Local Government Records Act,'' and together with the Public Information Act, the "Acts"), and all rules, regulations, policies and retention schedules adopted thereunder. The DISTRICT and ENGINEER each acknowledge that the requirements of the Acts apply to all public information, as defined by the Public Infonnation Act, and all local government records, as defined by the Local Government Records Act, related to the relationship between the DISTRICT and ENGINEER, and to any work carried out thereunder. ENGINEER hereby covenants that it will comply with all requirements of the Acts related to public infonnation of the DISTRICT, and ENGINEER further covenants that it will continue to comply with all requirements of the Acts until the termination of this Agreement. VI. ENGINEER'S OPINION OF PROBABLE COST -ENIGNEER's Opinions of Probable Cost are to be made on the basis of ENIGNEER's experience and qualifications and represents ENGINEER's judgment as an experienced and qualified professional engineer generally familiar with the construction indust1y. However, because ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, the Contractor's methods of detennining prices, or competitive bidding or market conditions, ENGINEER cannot and does not warrant, represent or guarantee that proposals, bids or actual construction cost will not vary from ENGINEER's Opinions of Probable Cost. VII. STANDARD OF PRACTICE: All Services shall be performed in a professional manner. The standard of care for all professional and related engineering Services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession, practicing under similar conditions at the same time and in the same general locality. -3- VIII. REGULATORY CONFORMANCE: ENGINEER shall exercise the standard of care in the preparation of construction plans and specifications with respect to conformance to the design criteria and regulations of the agencies and political subdivisions with jurisdiction over the project at the time of design, including the Texas Commission on Environmental Quality. In the event the plans and specifications do not conform to any such entity's criteria due to the ENGINEER'S failure to abide by its standard of care, ENGINEER shall redesign the plans and specifications to conform to such criteria in accordance with Basic Services, at no additional cost to DISTRICT. IX. INSURANCE: ENGINEER shall procure and maintain throughout the term of this Agreement, at its sole cost and expense, insurance of the types and in the minimum amounts set forth below. ENGINEER shall furnish to DISTRICT certificates of insurance and any endorsement required hereunder issued by the insurance carrier evidencing compliance with the insurance requirements hereof. Certificates shall list ENGINEER, the name of the insurance company, the policy number, the tenn of coverage, and the limits of coverage. ENGINEER shall cause its insurance companies to provide DISTRICT with at least thirty (30) days prior written notice of any reduction in the limit of liability by endorsement of the policy, cancellation, or non-renewal of the insurance coverage required under this Agreement. ENGINEER shall obtain such insurance from such companies having a Best's rating of B+NII or better, licensed or approved to transact business in the State of Texas, and shall obtain such insurance of the following types and minimum limits: A. Worker's Compensation insurance in accordance with the laws of the State of Texas, and Employer's Liability coverage with a limit of not less than $500,000 each employee for Occupational Disease; $500,000 policy limit for Occupational Disease; and Employer's Liability of $500,000 each accident. B. Commercial General Liability insurance, including coverage for Products/Completed Operation, Blanket Contractual, Contractors' Protective Liability Broad F01m Property Damage, Personal Injury/ Advertising Liability, and Bodily Injury and Property Damage with limits of not less than $2,000,000 $1,000,000 $1,000,000 $1,000,000 general aggregate limit each occmTence, combined single limit aggregate Products, combined single limit aggregate Personal Injury/ Adve1iising Liability C. Business Automobile Liability coverage applying to owned, non-owned and hired automobiles, with limits of not less than $1,000,000 each occmTence combined single limit for Bodily Injury and Property Damage combined. D. Umbrella Excess Liability insurance written as excess of Employer's Liability, with limits not less than $1,000,000 each occurrence single limit. E. Professional Liability insurance with limits not less than $1,000,000 each claim/annual aggregate. DISTRICT and DISTRICT's agents and employees shall be added as additional insureds to all coverages required under this Agreement, except for worker's compensation insurance and professional liability insurance. All policies written on behalf of ENGINEER shall contain a waiver of subrogation in favor of DISTRICT and DISTRICT's agents and employees, with the exception of professional liability insurance. In addition, all of the aforesaid policies shall be endorsed to provide that they are primary coverages and not in excess of any other insurance available to DISTRICT, and without rights of contribution or recovery against DISTRICT or from any such other insurance available to DISTRICT. ENGINEER, and not DISTRICT, shall be responsible for paying the premiums and deductibles, if any, that may from time to -4- time be due under all of the insurance policies required of ENGINEER. X. INDEMNIFICATION: ENGINEER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS DISTRICT, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (AND ALL LOSSES, LIABILITIES, COSTS, FINES, PENALTIES, EXPENSES, AND JUDGMENTS INCURRED IN CONNECTION THEREWITH, INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES AND EXPENSES, COURT COSTS, AND OTHER EXPENSES INCURRED IN ENFORCING TIDS INDEMNITY PROVISION) BROUGHT BY ENGINEER OR ANY OF ENGINEER'S EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OUTSIDE ADVISORY OR SUPPORT CONSULTANTS, REPRESENTATIVES, OR BY ANY THIRD PARTY, BASED UPON, OR IN CONNECTION WITH, RESULTING FROM, OR ARISING OUT OF THE INTENTIONAL OR NEGLIGENT ACTS, OMISSIONS OR MISCONDUCT OF ENGINEER'S EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OUTSIDE ADVISORY OR SUPPORT CONSULTANTS, OR REPRESENTATIVES. ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS DISTRICT FROM LOSS, COST, EXPENSE, OR LIABILITY THAT THE DISTRICT MAY INCUR OR SUFFER AS A RESULT OF ANY INFRINGEMENT INCURRED BY A DECISION MADE SOLELY BY THE ENGINEER OF THE PATENT OR COPYRIGHT LAWS OF THE UNITED STATES OR OTHER COUNTRY FOR WIDCH THE DISTRICT IS HELD LIABLE. No provision herein shall be construed to increase the District's liability as provided and limited under the Texas Tort Claims Act, nor shall any such provision be construed as a waiver to any extent of any governmental immunity that the District may have. XI. INDEPENDENT CONTRACTOR: The relationship between ENGINEER and DISTRICT under this Agreement and otherwise shall be that of independent contractor. ENGINEER is not by the tenns of this Agreement or otherwise, an agent, employee, or representative of the District, and any of ENGINEER'S employees performing work required hereunder shall be deemed solely employees of the ENGINEER or its subcontractors, as applicable. XII. TERMINATION A. CONDITIONS OF TERMINATION: This Agreement may be terminated without cause at any time prior to completion of ENGINEER'S services either by DISTRICT or by ENGINEER, upon thirty (30) days written notice to the other at the address of record. Upon delivery of such notice by the District to the Engineer, unless the notice states otherwise, the Engineer shall immediately discontinue all services and deliver to the District copies of all completed or partially completed designs, drawings, specifications, reports, or any other document prepared by Engineer pursuant to this Agreement at no additional cost to the District. B. COMPENSATION PAYABLE ON TERMINATION: On termination, by either DISTRICT or ENGINEER, DISTRICT (or DEVELOPER for DEVELOPER Projects) shall pay ENGINEER for all services, expenses and charges, as agreed, which have been incmTed by ENGINEER through the date of termination. XIII. SUCCESSORS AND ASSIGNS: DISTRICT and ENGINEER each binds itself, and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this -5- Agreement. Neither DISTRJCT nor ENGINEER shall assign, sublet, or transfer its interest in this Agreement without written consent of the other. Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other than DISTRJCT and ENGINEER. XIV. ENTIRE AGREEMENT: This Agreement and the various supplemental written agreements, certificates and writings specifically described or authorized by the express terms of this Agreement constitute the entire contract between the parties. XV. MISCELLANOUS PROVISIONS: A. Personnel: Engineer agrees that during Engineer's pe1formance of Services hereunder, adequate provision shall be made to staff and retain the services of such competent personnel as may be appropriate or necessary for the perfonnance of the Services. District shall have the right to review the personnel assigned by Engineer, and Engineer shall remove any personnel not acceptable to District. Engineer may remove personnel assigned to a Task Order without District's prior approval, provided the progress of the Services shall not be unreasonably impaired. B. Licenses: Engineer represents to District that it has and will maintain during the performance of the Services under this Agreement any licenses which, under the regulations of federal, state, or local governmental authority, it may be required to maintain in order to perform the Services. C. Certification or Sealing of Instruments of Service by Professional Engineer: All specifications, drawings, and other engineering documents that are prepared by Engineer shall be sealed by a registered professional engineer. Such seals shall be valid for the State of Texas. XVI. MODIFICATIONS: This Agreement can be modified only by mutual written consent of both parties. XVII. SEVERABILITY: Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon DISTRJCT and ENGINEER, who agree that the Agreement shall be refonned to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. XVIII. NO WAIVER: No waiver or waivers of any breach or default by a party hereto of any term, covenant or condition or liability hereunder of performance by the other party of any duty or obligation hereunder will be deemed a waiver thereof in the future, nor will any such waiver or waivers be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, character or description, under any circumstances. XIX. REPRESENTATIONS: A. Pursuant to Chapter 2252, Texas Government Code, ENGINEER represents and certifies that, at the time of execution of this Agreement neither the ENGINEER, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same is a company listed by the Texas Comptroller of Public Accounts under Sections 2270.0201 or 2252.153 of the Texas Government Code, as amended. B. As required by Chapter 2270, Texas Government Code, ENGINEER hereby verifies that ENGINEER, including a wholly owned subsidiary, majority-owned subsidiary, parent company -6- or affiliate of the same, does not boycott Israel and will not boycott Israel through the tenn of this Agreement. The tenn "boycott Israel" in this paragraph has the meaning assigned to such term in Section 808.001 of the Texas Government Code, as amended. XX. NOTICES: All notices and payments to ENGINEER will be mailed or delivered to: Schultz Engineering, LLC P.O. Box 11995 College Station, TX 77842 All notices to DISTRICT will be mailed of delivered to: Rock Prairie Management District No. 2 c/o Schwartz, Page & Harding, LLP 1300 Post Oak Blvd., Suite 1400 Houston, TX 77056 Either party may effect a change of its address for notices by written notice to the other. XXL This Agreement shall be governed by the laws of the State of Texas. Any action brought pursuant to this Agreement shall be brought in Brazos County, Texas. [SIGNATURES COMMENCE ON FOLLOWING PAGE] -7- IN WITNESS WHEREOF, the parties have approved this Agreement which may be executed in multiple counterparts, each of which shall be deemed to be an original. Attest: Secretary, Board of Directors 438723v4 ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 By: ___________ _ President, Board of Directors SCHULTZ ENGINEERING, LLC By: ____________ _ Joe Schultz, P .E., Manager -8- EXHIBIT "F" ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 RULES AND REGULATIONS GOVERNING SEWER HOUSE LINES AND SEWER CONNECTIONS The following regulations are to govern the installation of all sanitary connections within Rock Prairie Management District No. 2 ("District"); provided, however, that any more stringent criteria established by the City of College Station, Texas ("City") shall be met as and when applicable it being acknowledged that the District is within the corporate limits of the City and the City will, upon completion of construction, be conveyed all utilities for operation and maintenance. Accordingly, all references to District utilities shall be deemed to include and refer to utilities that have been conveyed to the City. I. SERVICE LINES A. Service line is defined as the sewer from the foundation of the house or commercial building to the sewer line owned by the District. B. Only one service line connection to the District's sanitary sewage collection system is permitted for each residence or commercial building. The service line shall remain fully within the boundaries of the lot until this line reaches a utility easement or street right-of-way. C. Only the following types of pipe and fitting materials are approved for constructing service lines. Pipe and fittings in each individual service line will be of identical material. 1. Cast iron soil pipe, standard weight, conforming to ASTM Specification A74 with rubber gasket joint coupling conforming to ASTM Specification C564. 2. Poly-vinyl-chloride PSM (PVC) pipe conforming to ASTM Specification D3034 and installed according to ASTM D2321. 3. Ductile-Iron Pipe conforming to ANSI A21.51 with rubber gasket joints ANSI A21.ll, and installed according to manufacturer's recommendations. D. Minimum sizes of service lines shall be as follows: 1. Residential -4 inches in diameter 2. Commercial -6 inches in diameter E. Minimum grades for service lines shall be as follows: 1. 4 inch pipe -14 inches drop per hundred feet (1.2 % ) 2. 6 inch pipe -8 inches drop per hundred feet (0.7%) 3. 8 inch pipe -5 inches drop per hundred feet (0.4%) F. Construct service lines to true alignment and grade. Warped and sagging lines will not be permitted. Service line must have continuous contact with firm trench bottom throughout its entire run. Lines placed in such manner as to increase the likelihood of being displaced during backfill will be rejected. G. Line should be run from wye or stack to house direct without meanders or bends. II. CONNECTION OF SEWER OUTLETS TO SERVICE LINES A. Building tie-on connection will be made directly to the stub-out from the building plumbing at the foundation on all waste outlets. B. Watertight adapters of a type compatible with the materials being joined will be used at the point of connection of the service line to the building or other plumbing. No cement grout materials are permitted. C. Existing wye and stack connections must be utilized for connection of the service line to the sewer main unless an exception is permitted by the District's engineer and, if applicable, the City. III. FITTINGS AND CLEANOUTS A. No bends or turns at any point will be greater than 45 degrees. B. Each horizontal service line will be provided with a cleanout at its upper terminal; and each such run of piping which is more than (90) feet in length will be provided with a cleanout for each (90) feet or fraction thereof, in the length of such piping. C. Each cleanout will be installed so that it opens in a direction opposite to the flow of the waste and, except in the case of "wye" branch and end-of- the-line cleanouts, cleanouts will be installed ve1iically above the flow line of the pipe. D. Cleanout will be made with airtight mechanical plug. -2 - 511804 2.docx IV. CONNECTION PERMIT A. Application for Sanitary Sewer Service must be filed prior to construction of the service line and the connection fee should accompany this application. (Application forms are available from the City.) Construction must not begin until authorized by the District and, if applicable, the City. B. When the service line is complete, and prior to backfilling the pipe trench, the applicant for sewer service shall request an inspection of the installation. Request for inspections (or reinspections) shall be made to the District's engineer and, if applicable, the City twenty-four hours in advance of the inspection. C. The physical connection to the District's sewer main will be made by use of an adapter of a type compatible with materials being joined. The connection shall be wate1iight. No cement grout materials are pe1mitted. D. Any damage to the District's facility shall be repaired promptly by the applicant under the direction of the District's engineer and, if applicable, the City. Major damage will be repaired by the District at the applicant's expense. E. Backfilling of service lines trench and repair of all damaged sidewalks, driveways, curbs and other facilities as set forth in F. below must be accomplished within twenty-four (24) hours of inspection and approval. Backfill material shall be sand or loam free of large lumps or clods. No debris will be permitted in the trench or backfill. F. During inspection of the service connection, the inspector will examine the grade or slope of the service line, the clean-out and cap, the type of materials used and the bedding of the service line. The connection permit will not be granted until the facilities have been determined to be satisfactory to the District and, if applicable, the City. If the applicant for sewer service refuses to perform any required repairs, reconstruction, or correction of deficiencies, the District may perform same and all costs thereof will be backcharged to the applicant and/or builder on the lot. G. A connection permit will be granted after inspection confirms that all requirements of these Rules and Regulations have been met and any payments due under F. above have been made in full. H. Connection permits which are rejected for any deficiency shall be promptly corrected and a reinspection requested. A reinspection fee equal to the inspection fee shall be paid at the time the reinspection is requested. -3 - 511804 2.docx V. EXCLUDED FLOW AND WASTE A. No waste material which is not biologically degradable or which is in violation of any industrial waste ordinance or similar ordinance of the City will be permitted to discharge into the District's sewerage facilities, including mud and debris accumulated during service line installation. The applicant is to be fully responsible for cleaning and jetting lines of any dirt or debris permitted to enter during service construction. B. No downspouts, yard or street drains, or gutters will be permitted to be connected into the District's sanitary sewer facilities. VI. Failure to adhere to the preceding rules and regulations shall be subject to a civil penalty of not less than $200, and in no event to exceed $10,000 per violation to be paid by the applicant and/or builder to the District. Each day that a violation continues will be considered a separate violation. Water service will not be provided by the District (or the City) until the requirements herein have been met and written permit has been granted. [Remainder of page intentionally left blank] -4 - 511804 2.docx 511804 2 PASSED AND ADOPTED this 14th day ofFebruary, 2019. -5 - ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 By: ___ q __ Y __ _ President, Board of Directors EXHIBIT "G" RESOLUTION ADOPTING PREVAILING WAGE RATE SCALE FOR CONSTRUCTION PROJECTS WHEREAS, Rock Prairie Management District No. 2 (the "District") has been heretofore duly created and organized; and WHEREAS, Chapter 2258, Texas Government Code ("Chapter 2258"), requires the District to determine the general prevailing rate of per diem wages for each craft or type of worker in the locality in which a construction project for the District is to be performed and the general prevailing rate of per diem wages for legal holiday and overtime work; and WHEREAS, Chapter 2258 provides that a worker employed on a construction project by or on behalf of the District shall be paid not less than said general prevailing rates, as applicable; and WHEREAS, Chapter 2258 provides that a contractor which is awarded a construction contract for the District, or a subcontractor of the contractor, shall pay not less than the rates determined as set forth above to a worker employed in the execution of such contract for a construction project; and WHEREAS, Chapter 2258 applies to construction projects paid for in whole or in part from funds of the District, regardless of whether the work is done under the District's supervision or direction; and WHEREAS, the Board of Directors of the District (the "Board") has determined the general prevailing rate of per diem wages by using the prevailing wage rate as determined by the United States Department of Labor in accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et seq.), as amended, and has determined to adopt a Prevailing Wage Rate Scale for Construction Projects for the District. Now, Therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 THAT: Section 1 : The Board has determined the general prevailing rate of per diem wages for each craft or type of worker in the locality in which a construction project for the District is to be performed and the general prevailing rate of per diem wages for legal holiday and overtime work by using the prevailing wage rate as determined by the United States Department of Labor in accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et seq.), as amended, and further, the Board has determined that the wage rates in the Prevailing Wage Rate Scale for Construction Projects (comprised of one or more United States Department of Labor wage determination scales for each project type) attached hereto as Exhibit A are the general prevailing wage rates for construction projects by or on behalf of the District. Section 2: The District hereby adopts the Prevailing Wage Rate Scale for Construction Projects attached hereto as Exhibit A, which establishes minimum rates for each project type that shall be used by all contractors and their subcontractors on construction projects by or on behalf of the District. Section 3: A contractor or subcontractor on a construction project by or on behalf of the District shall maintain records as required by Chapter 2258 and shall be subject to the penalties, forfeitures, and withholding of money for failure to comply with this Resolution and/or pending a final determination of an alleged violation, as provided in Chapter 2258. Section 4: The District engineer is hereby directed and authorized to specify the wage rates adopted hereunder for each project type in all specifications for bids and contracts for construction projects by or on behalf of the District. Section 5: Any prior Resolution Adopting Prevailing Wage Rate Scale for Construction Projects previously adopted by the Board is hereby revoked. PASSED and ADOPTED this 14th day of February, 2019. President, Board of Directors ATTEST: Assi EXHIBIT A PREVAILING WAGE RATE SCALE FOR CONSTRUCTION PROJECTS United States Department of Labor Wage Determination Scale TX 7 Construction Type: Heavy and Highway Construction Projects County: Brazos General Decision Number: TX190007 01/04/2019 TX7 Superseded General Decision Number: TX20180016 State: Texas Construction Types: Heavy and Highway Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, Mcclennon and Williamson Counties) and HIGHWAY Construction Projects Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.l(a) (2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number 0 Publication Date 01/04/2019 * SUTX2011-006 08/03/2011 Rates CEMENT MASON/CONCRETE FINISHER (Paving and Structures) ...................... $ 12.56 ELECTRICIAN ...................... $ 26.35 FORM BUILDER/FORM SETTER Paving & Curb ............... $ 12.94 Structures .................. $ 12.87 LABORER Asphalt Raker ............... $ Flagger ..................... $ Laborer, Common ............. $ Laborer, Utility ............ $ Pipelayer ................... $ Work Zone Barricade Servicer .................... $ 12.12 9.45 10.50 12.27 12.79 11.85 PAINTER (Structures) ............. $ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor ........ $ 12.69 Asphalt Distributor ......... $ 15.55 Asphalt Paving Machine ...... $ 14.36 Boom Truck .................. $ 18.36 Broom or Sweeper ............ $ 11.04 Concrete Pavement Finishing Machine ........... $ 15.48 Crane, Hydraulic 80 tons or less ..................... $ 18.36 Crane, Lattice Boom 80 tons or less ................ $ 15.87 Crane, Lattice Boom over 80 tons ..................... $ 19.38 Crawler Tractor ............. $ 15.67 Directional Drilling Locator ..................... $ 11. 67 Directional Drilling 456038_5 Fringes Operator .................... $ 17. 24 Excavator 50,000 lbs or Less . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 8 8 Excavator over 50,000 lbs ... $ 17.71 Foundation Drill, Truck Mounted ..................... $ 16. 93 Front End Loader, 3 CY or Less . . . . . . . . . . . . . . . . . . . . . . . . $ 13 . 0 4 Front End Loader, Over 3 CY.$ 13.21 Loader/Backhoe .............. $ 14.12 Mechanic .................... $ 17.10 Milling Machine ............. $ 14.18 Motor Grader, Fine Grade .... $ 18.51 Motor Grader, Rough ......... $ 14.63 Pavement Marking Machine .... $ 19.17 Reclaimer/Pulverizer ........ $ 12.88 Roller, Asphalt ............. $ 12.78 Roller, Other ............... $ 10.50 Scraper ..................... $ 12. 27 Spreader Box ................ $ 14.04 Trenching Machine, Heavy .... $ 18.48 Servicer ......................... $ 14. 51 Steel Worker Reinforcing ................. $ 14.00 Structural .................. $ 19.29 TRAFFIC SIGNAL INSTALLER Traffic Signal/Light Pole Worker ...................... $ 16. 00 TRUCK DRIVER Lowboy-Float ................ $ 15.66 Off Road Hauler ............. $ 11.88 Single Axle ................. $ 11.79 Single or Tandem Axle Dump Truck ....................... $ 11. 6 8 Tandem Axle Tractor w/Semi Trailer ..................... $ 12. 81 WELDER ........................... $ 15. 97 WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. 456038_5 ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5. 5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 456038_5 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 456038_5 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, 456038_5 etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION 456038_5