HomeMy WebLinkAbout10/08/2020 - Regular Minutes - Rock Prairie Management District No. 2 (2)ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2
MINUTES OF MEETING OF BOARD OF DIRECTORS
October 8, 2020
The Board of Directors (the "Board") of Rock Prairie Management District No. 2 (the
"District") met in regular session, open to the public on October 8, 2020, 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
William Lewis — Assistant Vice President
Jonathan Stark — Secretary
Mark Lindemulder — Assistant Secretary
and all of whom participated in the meeting via telephone conference call, except Directors Glover
and Lewis, thus constituting a quorum.
Also attending the meeting via telephone conference call were James Murr of College
Station Town Center, Inc. ("CSTC"); Cynthia Colondres of Municipal Accounts & Consulting,
L.P. ("MAC"); Josh Campbell and Blake McGregor of EHRA Engineering ("EHRA"); Avik
Bonnerjee of B&A Municipal Tax Service, LLC ("B&A"); Terrell Palmer of Post Oak Municipal
Advisors LLC ("POMA"); Brian Krueger of BKD LLP ("BKD"); Mayor Karl Mooney and Aubrey
Nettles with the City of College Station; and Christina Cole and Julie Kime 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.
EXPLANATION OF TELEPHONE CONFERENCE CALL MEETING PROCEDURES AND
CALL TO ORDER
Ms. Cole explained to the Board the procedures to be used during the telephone conference
call meeting. In connection therewith, she informed the participants that the meeting would be
recorded, and requested that participants clearly state his or her name before speaking, including
when making or seconding a motion. Ms. Cole further explained that she would conduct a roll call
vote for all motions and that Board members should wait to vote on a motion until his or her name
has been called. Similarly, Ms. Cole stated that a full roll call of all participants would be
conducted at the start of each telephone conference meeting for attendance purposes.
The President called the meeting to order and declared it open for such business as might
regularly come before the Board.
PUBLIC COMMENTS
The Board began by opening the meeting for public comments. There being no members
of the public present, the Board continued to the next item of business.
APPROVAL OF MINUTES
The Board next considered approval of the minutes of its regular meeting held on
September 10, 2020. After review and discussion, Director Lindemulder moved that the minutes
for said Board meeting be approved, as written. Director Stark 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 Lindemulder moved that said Bookkeeping Report be approved and that the
checks identified in the report be approved for payment. Director Stark seconded the motion,
which unanimously carried.
ANNUAL REVIEW OF ORDER ESTABLISHING POLICY FOR INVESTMENT OF
DISTRICT FUNDS AND APPOINTING INVESTMENT OFFICER
The Board considered the annual review of its Order Establishing Policy for Investment of
District Funds and Appointing Investment Officer ("Investment Policy"), and the adoption of a
Resolution in connection therewith. Ms. Cole presented for the Board's adoption a Resolution
Regarding Review of Order Establishing Policy for Investment of District Funds and Appointing
Investment Officer ("Resolution"), a copy of which is attached hereto as Exhibit B. She advised
that there are no recommended changes to the Investment Policy at this time. After discussion on
the matter, Director Lindemulder moved that the Investment Policy be affirmed, that the
Resolution attached hereto as Exhibit B be adopted, and that the President and Secretary be
authorized to execute same. Director Stark 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 September 30, 2020, including checks presented for payment. A copy
of such report is attached hereto as Exhibit C After discussion, Director Lindemulder moved that
the Tax Assessor -Collector Report be approved and that the checks identified therein be approved
for payment. Director Stark seconded said motion, which unanimously carried.
ENGINEERING REPORT
Mr. Campbell presented and reviewed with the Board an Engineering Report dated
October 8, 2020, a copy of which is attached hereto as Exhibit D. Following presentation of the
Engineer's Report and discussion of the action items contained therein, Director Lindemulder
2
568115
moved to concur in the payment of the pay estimate and approval of change orders as set forth in
the Engineer's Report. Director Stark seconded the motion, which unanimously carried.
PROPOSED ISSUANCE OF SERIES 2021 UNLIMITED TAX ROAD BONDS
Mr. Palmer then discussed the issuance of the District's first series of road bonds in the
proposed amount of $1,100,000, and reviewed with the Board a proposed Summary of Costs
prepared by EHRA and a proposed schedule in connection therewith. Ms. Cole advised that it
would be necessary to engage an auditor to pre -audit the projects to be included in such bond issue
in order to finalize the Summary of Costs. Mr. Krueger then presented an Engagement Letter for
the preparation of such audit and advised the Board that BKD's fees for preparing the audit report
will be computed at its standard hourly rates, of approximately $250 to $400 per hour. Ms. Cole
also advised that the District would need to obtain the City's consent on the issuance of the road
bonds and applicable Bond Order. After discussion of the matter, Director Lindemulder moved
that the Board (i) approve the Summary of Costs presented by Ms. Cole with respect to the Road
Bond Issue, (ii) approve the Engagement Letter from BKD to conduct an audit report in connection
with the projects to be included in the Road Bond Issue, as revised to include a range of hourly
rates for personnel who will be working on the audit report for BKD, (iii) authorize SPH to
acknowledge the District's receipt of TEC Form 1295 from BKD, and (iv) authorize POMA and
SPH to submit the required documentation, including the Bond Order, to the City requesting its
consent to the road bond issue. Director Stark seconded said motion, which carried unanimously.
A copy of the engagement letter thus approved is attached hereto as Exhibit E.
DEVELOPER'S REPORT
The Board considered the Developer's Report. Mr. Murr presented a verbal report on the
status of development within the District.
STATUS OF INERLOCAL AGREEMENT BETWEEN THE DISTRICT AND THE CITY OF
COLLEGE STATION
Ms. Cole advised that SPH provided comments to the draft agreement to the City after the
Board's last meeting. Ms. Nettles advised that the latest draft of the agreement is currently under
review by the City's legal department and economic development staff.
ATTORNEY'S REPORT
The Board considered the Attorney's Report. Ms. Cole advised the Board that she had
nothing of a legal nature to discuss with the Board that was not already covered under previous
agenda items.
3
568115
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
Lindemulder seconded by Director Stark, and unanimously carried, the meeting was adjourned.
Secret
4
568115
LIST OF ATTACHMENTS
Rock Prairie Management District No. 2
Minutes of Meeting of October 8, 2020
Exhibit A Bookkeeping Report
Exhibit B — Resolution Regarding Review of Investment Policy
Exhibit C Tax Assessor -Collector Reports
Exhibit D Engineering Report
Exhibit E — BKD Engagement Letter for Pre -Audit Report
5
568115
EXHIBIT "A"
MUNICIPAL ACCOUNTS
CONSULTING, LP
Rock Prairie Management
District No. 2
Bookkeeper's Report
October 8, 2020
1281 Brittmoore Road • Houston, Texas 77043 • Phone: 713.623.4539 • Fax: 713.629.6859
Nuns
Rock Prairie MD No. 2 - GOF
Cash Flow Report - Checking Account
As of October 8, 2020
Name Memo Amount Balance
BALANCE AS OF 09/11/2020 $58,813.65
Receipts
Interest J .armed on Checking; 6,07
Total Receipts 6.07
Disbursements
1115 B&A Municipal Tax Service SB2 Compliance - 2 Months (500,00)
1116 Municipal A.ccaunts & Consulting;, LP Bookkeeping Fees (1,409•40)
l 1 17 Schwartz, Page & 1-larding, 1..,L,P, l.egnai Fees (5,878.30)
Fees BBVA USA Service Charge (6.0?)
Total Disbursements (7,793.77) .
BALANCE AS OE 10/08/2020 551,025.95
BBVA USA -PREMIER - #XXXX0276
Financial Institution
(Acct Number)
Rock Prairie Management District No. 2
Account Balances
As of October 8, 2020
Issue Maturity Interest Account
Date Date Rate Balance
Notes
Fund: Operating
Checking Account(s)
BBVA 1 5A-PREMiilsR (\XXX0276) 0.10 % 51,025.95 Checking Account
Totals for Operating Fund: $51,025.95
Grand total for Rock Prairie Management District No. 2: $51,025.95
Revenues
14100 Developer Advance
14350 Maintenance Tax Collections
14380 interest Earned on Checking
Total Revenues
Expenditures
16330 Legal Fees
16350 Engineering Fees
16430 Bookkeeping Fees
1645)1 Legal Notices & Other Publ.
16455 SB 2 Expenses
16460 Printing & Office Supplies
16470 Filing Fees
16481) Dc]Ivcry Expense
16520 Postage
16530 Insurance & Surety Bond
16540 Travel Expense
16560 Miscellaneous Expense
Total Expenditures
Excess Revenues (Expenditures)
Rock Prairie MD No. 2 - GOF
Actual vs. Budget Comparison
September 2020
September 2020 June 2020 - September 2020 Annual
Ac:stud Budget Over/(Under) Actual Budget Over/(Under) Budget
0 0 0 50,033 50,033 0 50,033
0 0 0 30,000 30,000 0 60,000
6 3 4 11 10 1 30
6 3 4 80,044 80,043 1 110,063
5,861 5,000 861 14,435 20,000 (5,565) 60,000
0 2,500 (2,500) 4,280 10,000 (5,720) 30,000
- 1,291 550 741 3,350 2,200 1,150 6,600
0 0 0 0 0 0 2,000
250 250 0 1,000 1,000 0 3,000
36 83 (47) 133 333 (200) 1,000
(1 75 (75) 64 300 (236) 900
84 42 42 260 167 93 500
6 4 2 9 17 (8) 50
0 0 0 0 0 0 3,713
0 108 (1(18) 0 433 (433) 1,300
16 83 (67) 116 333 (218) 1,00(1
7,544 8,696 (1,152) 23,648 34,783 (11,136) 110,063
($7,538) ($8,693) $1,156 556,396 $45,260 $11,137 50
Rock Prairie MD No. 2 - GOP
Balance Sheet
As of September 30, 2020
Sep 30, 20
ASSETS
Current Assets
Checking/Savings
11 100 • Cash in Bank 58,814
11105 • Cash in Bank - Tux Account 38,946
Total Checking/Savings 97,760
Total Cuircnt ilsscts 97,760
TOTAL ASSETS 97,760
LIABILITIES & EQUITY
I.i,tl)ilitics
Current Liabilities
Accounts Payable
12000 • Accounts Parable 7,538
Tonal Accounts Payable 7,538
Total Current Liabilities 7,538
'rota] Liabilities 7,538
Equity
130111 • Unallocated Fund Balance 33,826
Net Income 56,396
Total Equity 90,222
TOTAL LIABILITIES & EQUITY 97,760
EXHIBIT "B"
RESOLUTION REGARDING REVIEW OF
ORDER ESTABLISHING POLICY FOR INVESTMENT
OF DISTRICT FUNDS AND APPOINTING INVESTMENT OFFICER
WHEREAS, Rock Prairie Management District No. 2 ("District"), adopted its Order
Establishing Policy For Investment of District Funds and Appointing Investment Officer, dated
December 12, 2019 ("Order"), pursuant to Chapter 2256, Texas Government Code and Section
375.096(4), Texas Local Government Code; and
WHEREAS, Chapter 2256, Texas Government Code, requires the District to perform an
annual review of its investment policy and investment strategies included within the Order; and
WHEREAS, the District has, on the date hereof, performed said review.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Directors of Rock
Prairie Management District No. 2, that the policies, procedures, provisions and investment
strategies set forth in the Order are hereby affirmed and the Order shall remain in effect until
amended by further Order of the District..
PASSED AND ADOPTED ON THIS 8th day of October, 2020.
ATTEST:
By:
Dirators ems
ROCK PRAIRIE MANAGEMENT
DISTRICT NO. 2
By:..
t jam,
•esident, Boarirectors
456036_6
EXHIBIT "C"
MUN
Honesty I Efficiency I Transparency Accountability Continuity
SERVICE,LLC
•
ROCK PRAIRIE MANAGEMENT DISTRICT 2
• • • • FOR THE MONTH ENDING
September 30, 2020
i
PR, A MUNICIPAL TAY SERVICE LLC
13333 NORTHWEST FREEWAY, STE 620
I IOUSTON, TX 77040
MAIN 713-900-2680
TOLL FREE 1-888-598-7409
1
GIB •
NICIPA
ROCK PRAIRIE MANAGEMENT DISTRICT 2
FOR THE PERIOD ENDING 9/30/20
ECEIVABLES SUMMARY • • •
2019 Balance Forward Levy at 05/31/20 FYE
CAD Changes ' Uncollectible
Outstanding Balance forward Prior Years (2018-2010) at 05/31/20 FYE
CAD Changes ' Uncollectible
Total Levy to be collected
Collection prior months (all years) • II OM
2019 Taxes Collected net NSF & KR Refunds during current month
Taxes Collected for Prior Years net NSF & KR Refunds
Total Outstanding Balance
AX 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, Ftc
Earned Interest
Beginning Balance — Tax Account
Expenses
K# 1086 B&A Municipal Tax Service LLC - Invoice MD2-088 AK
K# 1087 B&A Municipal Tax Service, LLC - Invoice MD2-089
B & A MUNICIPAL, TAX SERVICE, LLC
13333 NORTHWEST FREEWAY, STE 620
HOUSTON, TX 77040
Ending Balance —Tax Account
MAIN 713-900-2680
TOLL FREE 1-888-598-7409
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$2.46
$2.46
$518.00
$457. ' 6
$975.16
5,372.87
5,375.33
4,400.17
2
11111111110
ERVICE,LLC
ID ID
ROCK PRAIRIE MANAGEMENT DISTRICT 2
FOR THE PERIOD ENDING 9/30/20
OUTSTANDING TAXES - YEAR TO DATE
BALANCE FORWARD CAD
TAX @ SUPPLEMENTS &
YEAR 10/01/19• CORRECTIONS UNCOLLECTIBLE
2019 $76,036.03 ($2,736.10) $0.00
2018 $49,461.25 di $0.00 $0.00
2017 $19,962.78 $0.00 $0.00
EXEMPTIONS & TAX RATES
TAX HOMESTEAD
YEAR EXEMPTION
2020
20'9
20"8
2017
0.00,0
0.00%
0.00%
0.00 0
DISTRICT VALUES
TAX LAND &
YEAR IMPROVEMENTS
2019 14,898,546
2018 9,881,920
2017 4,069,643
•
OVER 65 /
DISABLED
0
0
0
0
AG NET
14,370
28,690
27,010
COLLECTIONS
$73,299.93
$49,461.25
$19,962.78
DEBT SERVICE
M&ORATE RATE
0.00000 0.00000
0.50000 0.00000
0.50000 0.00000
0.50000 0.00000
PERSONAL
PROPERTY
909,670
309,850
0
EXEMPTIONS
1,162,600
328,210
104,096
OUTSTANDING
TAXES
$0.00
$0.00
($0.00)
($0.00)
CONTRACT TAX
RATE
0.00000
0.00000
0.00000
0.00000
I
COLLECTIONS
PERCENTAGE
100.00%
100.00%
100.00%
•
TOTAL RATE
0.00000
0.50000
0.50000
0.50000
TOTAL VALUE SR KR
14,659,986 12 12
9,892,250 30 30
3,992,557 47 47
B & A MUNICIPAL TAX SEA VICE, LLC
13333 NORTHWEST FREEWAY, STE 620
HOUSTON, TX 77040
MAIN 713-900-2680
TOL: FREE 1-888-598-7409
3
BEGINNING BALANCE
ROCK PRAIRIE MANAGEMENT DISTRICT 2
FOR THE PERIOD ENDING 9/30/20
PROFIT & LOSS
CURRENT MONTH
09/01/20 - 09/30/20
7,034.00
INCOME
10% Rendition Penalty 0.00
Bad Check Charges 0.00
CAD Refund Excess Allotment 0.00
Collection Fee 0.00
Earned Interest 2.46
Overpayments 0.00
Penalty & Interest 0.00
Rollback Tax Collected 0.00
Taxes Collected 0.00
Total Income 2.46
EXPENSES
Audit/Records
Bank Charges
Bond Premium
CAD Fees _
Certificate of Value
Copies
Correction Roll Refunds
Correction Roll Rendition Refunds
Continuing Disclosure
Court Affidavits
Delinquent Tax Attorney Assistance
Delinquent Tax Attorney Fee
Installment Tracking
Unclaimed Property Report
Legal Notices
Mailing & Handling
Meeting Travel & Mileage
Overpayment Refund
Public Hearing
Records Retention
Roll Update & Processing
Senate Bill 2 to CAD (5 Yr History)
Supplies
Tax Assessor Collector Fee - AB
Tax Rate Preparation & Calculation
Transfer to Rollback Collected
Transfer to Maintenance & Operating
Transfer to Debt Service
0.00
0.00
0.00
180.75
0.00
39.20
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.72
22.54
0.00
0.00
0.42
112.50
0.00
0.00
518.00
787.00
0.00
0.00
0.00
1,661.13
EN DING BALAACE 5.375.33
FISCAL YEAR
6/01/20 - 9/30/2
38,946.02
0.00
0.00
5.30
0.00
12.58
0.00
0.00
0.00
0.00
17.88 410
0.00
0.00
50.00
361.50
0.00
99.00
0.00
0.00
0.00
0.00
30.00
0.00
0.00
0.00
0.00
22.33
33.81
0.00
0.00
1.68
131.25
0.00
0.00
2,072.00
787.00
0.00
30, 000.00
0.00
33,688.57
5,375
B & A MUNICIPAL TAX SERVICE, LLC
13333 NORTHWEST FREEWAY, STE 620
HOUSTON, TX '7040
MAIN 713-900-2680
TOLL FREE 1-888-598-7409
4
MUNICIPAL TAX SERVICE,LLC
ROCK PRAIRIE MANAGEMENT DISTRICT 2
FOR THE PERIOD ENDING 9/30/20
November
December
January
February
March
April
June
July
August
September
2019
2019
$3,394.55
$569.00
$4,111.95
$41,438.41
• •
$25.50
$23,760.52
•$0.00
•
$0.00
$0.00 $0.00
B & A MUNICIPAL TAX SERVICE, LLC
13333 NORTHWEST FREEWAY, STE 620
HOUSTON, TX 77040
YEAR TO YEAR COMPARISON
% 2018
11.02%
67.55%
67.58%
67.58%
100.00%
100.00%
100.00%
100.00%
100.00%
VARIANCE
0.00% 4.46%
0.00% 5.41%
0.00% 11.02%
$38,113.40 77.06% -9.51%
• •
$11,321.65 99,95% -32.37%
$0.00 99.95% -32.37%
$0.00 99.97% 0.03% 41)
0 • • •
$12.45 100.00% 0.00%
•
$0.00 100.00% 0.00% •
•
$0.00 100.00% 0.00% •
MONTHLY COLLECTIONS
MAIN 713-900.2680
TOLL FREE I.888-598-7409
1
5
MUNICIPAIX SERVICE,LLC
ROCK PRAIRIE MANAGEMENT DISTRICT NO 2
FOR THE PERIOD ENDING 09/28/20
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: NO
TYPE OF PLEDGED INVESTMENT:
IN COMPLIANCE W/ DISTRICT INVESTMENT POLICY: YES
B A MUNICIPAL TAX SERVICE
13333 NORTHWEST FREEWAY SUITE 620
HOUSTON TX 77040
MAIN 713-900-2680
TOLL FREE 1-888-598-7409
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.
4111
Avik Bonnerjee, RTA
SW AND SUBSCRIBED BEFORE ME, this 1st day of October 2020.
REBECCA LYNN BREWER
Natary ib 1 iSeB 14
My Cnrn►nlssfan Expires
March 1, 2024
bLA.11- 411),
rcebecftLynn Brewer
NotaryligGblic, State of Texas
Notary ID #1258819
My Commission Expires March 1, 2024
MUNICIPAL TAX SERVICE, LLC
Bill To
Rock Prairie Management District No. 2
13333 Northwest Freeway
Suite 620
Houston TX 77040
Invoice
Date
Invoice*
10/1/2020
MD2-088
Description
Unit Count
Rate
Amount
Avik l3onnerjee, RTA - Tax Assessor Collector Fee October
515.30
515.30
2020.
2019 Additional Unit Count Invoiced 2020
3
0.90
2.70
Thank you for your business.
Total $51&00
10.i,4 o 6i_ is
13333 Northwest Freeway, Suite 620 ■ Houston, TX 77040 o PH:713 900-2680 ■ www,bamunttax.com
MUNICIPAL TAX SERVICE, LLC
Hitt To
Rock Prairie Management District No. 2
13333 Northwest Freeway
Suite 620
Houston TX 77040
Invoice
Date
Invoice #
10/1/2020
MD2-089
Description
Unit Count
Rate
Amount
Office Supplies and DMR Supplies: Perforated Statement
19.74
19_74
Paper, Envelopes, Return Envelopes
Copies
73
0.20
14.60
Postage, Mailing, and Handling (1)
0.72
0.72
Records Retention
0.42
0.42
Meeting Travel Time/MileagefTirne (August 2020)
421.68
421.68
Thank you for your business.
Total
$457.16
3333 Northwest Freeway, Suite 620 so
Houston, TX 77040 : PH:713-900-2680 w www.bamunitax.co �
lb.l, o2U V
EXHIBIT "D"
EHRA
ENGINEERING THE FUTURE
SINCE 1936
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2
ENGINEERING REPORT
OCTOBER 2020
TBPE No. F-726
TBPLS No. 10092300
Engineering Report, including:
a. Authorize the design and/or advertisement of bids for construction of facilities within the District and
approval of related Stormwater plans, including District.
1. Status of design of Lakeway Drive Reserve, Phase 200
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 of Texas Ethics Commissions ("TEC") Form 1295 and approval
of any storm water permits.
Board Action: None.
c. Status of construction of facilities to serve land within the District, including the approval of any pay
estimates and change orders and authorize acceptance of TEC Form 1295, including:
1. Construction of on -site sanitary sewer trunk line by Greens Prairie Investors, Ltd.
Contractor
Contract Days
Approved Extensions
Contract Completion Date
Contract Bid Amount
Quantity Adjustment
Total Contract Amount
Pay Request No. 1
TotaliiReques.
Remaininn on Contract
Greens Prairie Investors, Ltd.
:20
0
8/30/2018
$322,584.00
($53,337.33)
$269,246.67
$242.322.00
$242,322.00
$26,924.67
•struction is substantially complete.
Board Action: None.
days
days
Date Ap ru owed
5/2/2018
'/9/2020
7/9/2020
Comment
Notice to Proceed Issued
Remove Dewatering
10.00% of Contract Remaining
REALIZING VISIONS • DESIGNING COMMUNITIES • ENGINEERING THE FUTURE
www.EHRAinc: 'm
Rock Prairie Management District No. 2
October 2020
Page 2
2. Midtown Reserve, Phase 1u4 by Greens Prairie Investors, Ltd.
Contractor
Contract Days
Approved Extensions
Contract Completion Date
Contract Bid Amount
Total Contract Amount
Total Pay Requests
Remaining on Contract
Greens Prairie Investors, Ltd.
16C
0
Construction is underway.
Board Action: None.
$471.655.50
$471,655.50
$0.00
S471,655.50
days
days
Date Approved Comment
Notice to Proceed Issued
3. Irrigation of Phase I Park Development by Green Teams, Inc.
Contractor
Contract Days
Approved Extensions
Contract Completion Date
Contract Bid Amount
Change Order No. 1
Change Order No. 2
Change Order No. 3
Total Contract Amount
Pay Request No. 1
Pay Request No. 2
Total Pay Requests
Remaining on Contract
Green Teams, Inc.
45
0
5/10/2020
Construction is underway.
Board Action: None.
S435,305.00
S.5,760.00
S5,756.00
S16.400.00
$463,221.00
S231,304.50
$157,208.40
$388,512.90
$74,708.10
100.00% of Contract Remaining
Days
day
ate pproved
3/27/2020
9/10/2020
9/10/2020
9/10/2020
7/9/2020
9/10/2020
C ommen,
Notice to Proceed Issued
Sleeves & Meter
Sieves & Irr. Heads
Bore Under Roaa
16.13% of Contract Remaining
EHRA
EHRA Engineering 1 10011 Meadowglen lane I Houston, Texas 77042 I t 713.784.4500 I f 713.784,4577
ENGINEERING THE FUTURE
SINCE 1936
Rock Prairie Management District No. 2
October 2020
Page 3
4. Landscaping of Phase I Park Development by Greener Images
Contractor
contract Days
Approved Extensions
Contract Completion Date
Contract Bid Amount
Quantity Adjustment No.1
Total Contract Amount
Pay Request No. 1
Pay Request No. 2
total Pay Requests
Remaining on Contract
Greener Images
30
0
4/25/2020
Construction is underway.
Board fiction: None.
$98.695.44
$13.504.15
$112,199.59
$86,520.44
g11.692.59
$98,213.03
$13,986.56
-lays
days
Date Approved
3/27/2020
4/9/2020
4/9/2020
8/13/2020
5. Midtown Reserve, Phase 105 by Greens Prairie Investors, Ltd.
Contractor
Contract Days
Approved extensions
Contract Completion Date
Contract Bid Amount
Total Contract Amount
Greens Prairie Investors, Ltd.
150
0
10/4/2020
Total Pay Requests
Remaining on Contract
Board Action: None.
•
$1.961.787.50
$1,961,787.50
$0.00
$1,961,787.50
days
days
Comment
Notice to Proceed Issued
Add Alternate Bid Items
12.47% of Contract Remaining
Date Aprn Dyed Comment
5/7/2020
Notice to Proceed Issued
100,00% of Contract Remaining
EHRA
EHRA Engineering 110011 Meadowglen Lane I Houston, Texas 77042 I t 713.784.4509 I f 713.784.4577
ENGINEERING THE FUTURE
SINCE 1936
Rock Prairie Management District No. 2
October 2020
Page 4
6. Midtown City Center, Phase 301 by Greens Prairie Investors, Ltd.
Contractor Greens Prairie Investors, Ltd.
Contract Days 45 days
Approved Extensions 0 days
Contract Completion Date
111.
Date Tpproved lmment
Contract Bid Amount S159,299.00 Notice to Proceed Issued
Change Order No. 1 S8 91R?x) 411,13/ 1110 Waterline Rellcate
Total Contract Amount $168,217.00
Pay Request No. 1 & Final $168,217.00
Total Pay Requests S168,217.00
Remaining on Contract
For Approval
$0.00 0.00% of contract Remaining
Board Action: Approve Pay Request No. 1 & Final.
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. Status of acceptance by the City of College Station, Texas for maintenance of streets.
1. Town Lake Drive, formerly Bird Pond Road.
Board Action: None.
r•-•••.
EHRA
EHRA Eng-teering 110011 Meadowglen Lane 1 Houston, Texas 770421 t 713.784.45001 (713.784.4577
ENGINEERING THE FUTURE
SINCE 1936
EXHIBIT "E"
BKD
CPAs & Advisors
October 8 2020
Board of Directors
Rock Prairie Management District No. 2
Brazos County, Texas
2700 Post Oak Boulevard, Suite 1500 I Houston, TX 77056-5829
713.499.4600 I Fax 713.499.4699 1 bkd.com
W e are pleased to confine our understanding of the arrangements of our engagement and the
nature of the services we are to provide to Rock Prairie Management District No. 2.
OUR SERVICES AND THE RESPONSIBILITIES OF THE PARTIES •
will apple agreed-upicedures described below •statements submitted by the
developers for costs paid or incurred on behalf of Rock Prairie Management District No. 2 t the
District). This engagement is aule1y to assist you in verifying the amounts reimbursable from the
proceeds of the District's Series 2021 Road Bonds. Our engagement to apply agreed -upon
procedures will be performed in accordance with attestation standards established by the
American Institute of Certified Public Accountants as required by Rule 30 TAC, Section 293.70
of the Texas Commission on Environmental Quality (the Commission), "Audit of Payments to
Developer." The sufficiency of the procedures is solely the responsibility of the parties to be
specified in our report. Consequently, we make no representation regarding the sufficiency of the
procedures described below for the purpose for which the report has been requested or for any
other purpose. Our proposed procedures are as follows:
We will vouch copies of checks and invoices supporting amounts expended by the
developers. The computations of certain, costs will be recalculated to determine that the
amounts required to be paid by the developers, in accordance with the rules of the
Commission, are not included in the amount to be reimbursed.
We will recalculate the computations of interest requested by the developers, on a test
basis. and determine that they are in compliance with ru'es of the Commission. The
interest rate to be utilized is from the District's Series 2021 Road Bonds.
We will compare the costs submitted by the developer to the cost summary approved by
the Commission.
• • • CID •
Estimates of costs remaining to be incurred, if any, will be obtained through discussion
with the District's other consultants.
PRAXITV
k nq.ow onng Oumnes: GIebo11y
Rock Prairie Management District No. 2
October 8, 2020
Page 2
Because we have not been engaged to conduct an examination or a review, we will not express
an opinion or conclusion, respectively, on the statements submitted. In addition, we have no
obligation to perform any procedures beyond those listed on the previous page.
To facilitate our engagement, the District is responsible for providing a written assertion about
the measurement or evaluation of the subject matter against the criteria, supplying us with all
necessary information and for allowing us access to personnel to assist in performing our
services. It should be understood that the District is responsible for the accuracy and
completeness of these items, for the subject matter and the written assertion(s) referred to above
and for selecting and determining the appropriateness of the criteria.
At the conclusion of our engagement, the District will provide to us a letter confirming the
availability of this information, the written assertion(s), certain representations made during the
engagement and acknowledging certain responsibilities outlined in this engagement letter.
Sherri Greenwood is responsible for supervising the engagement and authorizing the signing of
the report.
We will submit reports listing the procedures performed and the results of those procedures.
These reports are solely for the use of the District and should not be used by those who did not
agree to the procedures. Our reports will contain a paragraph indicating that had we performed
additional procedures, other matters might have come to our attention that would have been
reported to you.
OTHER SERVICES
We may perform other services for you not covered by this engagement letter. You agree to assume
full responsibility for the substantive outcomes of those services, including any findings that may
result. You also acknowledge that those services are adequate for your purposes and that you will
establish and monitor the performance of those services to ensure that they meet management's
objectives. Any and all decisions involving management functions related to those services will be
made by you, and you accept full responsibility for such decisions. We understand that you will
designate a management -level individual to be responsible and accountable for overseeing the
performance of those services, and that you will have determined this individual is qualified to
conduct such oversight.
ENGAGEMENT FEES
Our fees for the previously described services will be computed at our standard rates. Bills for
services will be due when rendered. We estimate that the fees for our services will range
between $3000 and $5000. Hourly billing rates range between $250 and $400 per hour.
Rock Prairie Management District No. 2
October 8, 2020
Page 3
Our pricing for this engagement and our fee structure is based upon the expectation that our
invoices will be paid promptly. We will issue progress billings during the course of our
engagement, and payment of our invoices is due upon receipt. Interest will be charged on any
unpaid balance after 30 days at the rate of 10 percent per annum.
Our engagement fee does not include any time for post -engagement consultation with your
personnel or third parties, inquiries from regulators or testimony or deposition regarding any
subpoena. Charges for such services will be billed separately.
If our invoices for this or any other engagement you may have with BKD are not paid within
30 days, we may suspend or terminate our services for this or any other engagement. In the event
our work is suspended or terminated as a result of nonpayment, you agree we will not be
responsible for any consequences to you.
OTHER ENGAGEMENT MATTERS AND LIMITATIONS
BKD is not acting as your municipal advisor under Section 15B of the Securities Exchange Act
of 1934, as amended. As such, BKD is not recommending any action to you and does not owe
you a fiduciary duty. BKD is acting for its own interests. You should discuss this project, as
well as any information and material provided by BKD, with any and all internal or external
advisors and experts that you deem appropriate before acting on any information or material
provided by BKD.
Our workpapers and documentation retained in any form of media for this engagement are the
property of BKD; however, any final documents/reports delivered to the District, and which have
been paid for by the District, shall become the property of the District. Workpapers that support
balances within the financial statements that are needed by the District or its consultants will be
provided. We can be compelled to provide information under legal process. In addition, we may
be requested by regulatory or enforcement bodies to make certain workpapers available to them
pursuant to authority granted by law or regulation. You agree that we have no legal
responsibility to you in the event we provide such documents or information.
To the extent permitted by law, you agree to indemnify and hold harmless BKD and its personnel
from any claims, liabilities, costs and expenses relating to our services under this agreement
attributable to false or incomplete representations by management, except to the extent
determined to have resulted from the intentional or deliberate misconduct of BKD personnel.
You agree that any dispute regarding this engagement will, prior to resorting to litigation, be
submitted to mediation upon written request by either party. Both parties agree to try in good
faith to settle the dispute in mediation. The American Arbitration Association will administer
Rock Prairie Management District No. 2
October 8, 2020
Page 4
any such mediation in accordance with its Commercial Mediation Rules. The results of the
mediation proceeding shall be binding only if each of us agrees to be bound. We will share any
costs of mediation proceedings equally.
Either of us may terminate these services at any time. Both of us must agree, in writing, to any
future modifications or extensions. If services are terminated, you agree to pay us for time
expended to date plus charges for travel, long-distance telephone, copies, etc.
If any provision of this agreement is declared invalid or unenforceable, no other provision of this
agreement is affected, and all other provisions remain in full force and effect.
We may from time to time utilize third -party service providers, e.g., domestic software
processors or legal counsel, or disclose confidential information about you to third -party service
providers in serving your account. We remain committed to maintaining the confidentiality and
security of your information. Accordingly, we maintain internal policies, procedures and
safeguards to protect the confidentiality of your information. In addition, we will secure
confidentiality agreements with all service providers to maintain the confidentiality of your
information. In the event we are unable to secure an appropriate confidentiality agreement, you
will be asked to provide your consent prior to the sharing of your confidential information with
the third -party service provider.
You agree to assume full responsibility for maintaining your original data and records and that
BKD has no responsibility to maintain this information. You agree you will not rely on BKD to
provide hosting, electronic security or backup services, e.g., business continuity or disaster
recovery services, to you unless separately engaged to do so. You understand that your access to
data, records and information from BKD's servers, i.e., BKDconnect, can be terminated at any
time and you will not rely on using this to host your data and records.
This engagement letter represents the entire agreement regarding the services described herein
and supersedes all prior negotiations, proposals, representations or agreements, written or oral,
regarding these services. It shall be binding on heirs, successors and assigns of you and BKD.
We will, at our discretion or upon your request, deliver financial or other confidential
information to you electronically via email or other mechanism. You recognize and accept the
risk involved, particularly in email delivery as the Internet is not necessarily a secure medium of
communication as messages can be intercepted and read by those determined to do so.
You agree you will not modify these documents for internal use or for distribution to third
parties. You also understand that we may on occasion send you documents marked as draft and
understand that those are for your review purpose only, should not be distributed in any way and
should be destroyed as soon as possible.
Rock Prairie Management District No. 2
October 8, 2020
Page 5
BKD is a registered limited liability partnership under Missouri law. Under applicable
professional standards, partners of BKD, LLP have the same responsibilities as do partners in a
general accounting and consulting partnership with respect to conformance by themselves and
other professionals in BKD with their professional and ethical obligations. However, unlike the
partners in a general partnership, the partners in a registered limited liability partnership do not
have individual civil liability, directly or indirectly, including by way of indemnification,
contribution, assessment or otherwise, for any debts, obligations or liabilities of or chargeable to
the registered limited liability partnership or each other, whether arising in tort, contract or
otherwise.
As required by Chapter 2271, Government Code, BKD, LLP hereby verifies that that BKD, LLP,
including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of
the same, does not boycott Israel and will not boycott Israel through the term of this Agreement.
The term "boycott Israel" in this paragraph has the meaning assigned to such tenn in Section
808.001 of the Texas Government Code, as amended.
Pursuant to Chapter 2252, Texas Government Code, BKD, LLP represents and certifies that, at
the time of execution of this Agreement neither BKD, LLP, 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.
We are looking forward to working with you and will be present to discuss this engagement with
you upon its completion. If the foregoing is in accordance with your understanding, please sign
this letter in the space provided and retain one copy for the District's files. If the signed copy you
return to us is in electronic form, you agree that such copy shall be legally treated as a "duplicate
original" of this agreement.
BKD, LLP
Rock Prairie Management District No. 2
BY
President, Board of Directors
DATE / 6— 811.41