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Home My WebLink About2018-04-10 10:00 AM REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS t 3 ^.PR -b n� NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON APRIL 10, 2018 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Catalena 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-21: 3. Proclamation 18-023 declaring April as Sexual Assault Awareness and Prevention Month in Brazos County. 4. Proclamation 18-024 declaring May 30, 2018 as National Senior Health & Fitness Day. 5. Appointment of Pam Edgerley, Albert Campbell, and Irma Cauley as a Brazos County Representative on the Area Agency on Aging Advisory Committee. 6. Payment authorization GT Distributors in amount of $52.00 for two(2) Glock Night Sights. Original purchase order no. 17002777 was closed prior to receiving this invoice. 7. Approval of contract with Texas Voting Systems for election services for the Republican and Democratic Runoff Elections to be held May 22, 2018. 8. Permission to advertise RFP # 18-089 Surveillance Upgrade for the Brazos County Detention Center. 9. Contract # 18-129 with Garland/DBS, Inc. for Roofing Repair Services for County Buildings in the amount of $183,478.00. 10. Contract #18-134 for Online Bidding System and Contract Management with lonwave in the amount of $5,833. This is the new online bid system that is proposed to be purchased along with City of Bryan, City of College Station, and College Station I SD. Vd. .1,,7/ PS• L� � 11. Approval of request to abandon a 20' Public Utility Easement that bisects Lot 72R, Block 2 of Saddle Creek Subdivision Phase 1. When Lot 72 was replatted in 2008, the lot line moved but the easement remained. Site is located in Precinct 1. 12. Approval of the Messina Hof Wine & Roses Half Marathon and 5K Event scheduled for April 22, 2018 which will require roadway and lane closures on Old Reliance Road, Carrabba Road and Wallis Road. Area Wide Protective (formerly N -Line) will provide traffic control assistance during this event. Site is located in Precinct 2. 13. Acceptance of a Special Warranty Deed for 0.288 of one acre and a Temporary Easement for 0.154 of one acre from W. C. Scasta, Jr., Joyce L. Scasta, Charles Calvin Scasta and Lee Ann Scasta to be used for a bridge replacement on Scasta Lane located in Precinct 2. 14. Expenditure Journal Entries • Expenditure Journal Entries FY 17/18 030147-030151, 030154-030156, and 040001-040003 15. Proclamations 18-025 -18-027 recognizing the following individuals for their service to the community. • a. Brigadier General Joe E. Ramirez Jr. • b. Ron Schmidt • c. Judy & Larry Holt 16. Tax Refund Applications for the following: • a. Cindy Clay Schumpert - Overpayment $522.64 • b. Derrick Williams - Overpayment $8.49 17. Budget Amendments. Budget Amendments FY 17/18 27.1 -27.2 18. Personnel Change of Status. Personnel Action Forms 19. Payment of Claims. 20. Convene into Executive Session pursuant to Texas Government Code Section 551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the position of General Manager of the Exposition Complex & the Brazos Valley Fair. 21. Consider and possible action on Executive Session. 22. Sheriff's report on inmate population. 23. Announcement of interest items and possible future agenda topics. 24. Call for Citizen input and/or concerns 25. Adjourn. Fo 1 - a—=--= i PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, wth both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. ft is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Lawdoes not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. MINUTES APRIL 10, 2018 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, April 10, 2018 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Catalena 2. Call for Citizen input and/or concerns Patrick Gendron thanked Sheriff Chris Kirk and Jail Administrator Wayne Dicky for their help with a runaway girl that may have been a part of human trafficking. The girl's mother received a phone call that appeared to come from the Brazos County jail. The Sheriff's Office staff searched for the girl, who was later located but not in the jail. Consider and take action on agenda items 3-21: 3. Proclamation 18-023 declaring April as Sexual Assault Awareness and Prevention Month in Brazos County. Commissioner Berry read aloud Proclamation 18-023 designating the month of April as Sexual Assault Awareness and Prevention month. The Court asked that members of the community unite to remove the stigma of rape and to continue the dialogue by the Sexual Assault Resource Center in their places of work, schools, and homes. The Court also recognizes the many services and educational resources provided by the Sexual Assault Resource Center and rape crisis centers across the state. The proclamation was presented to Assault Resource Center Executive Director, Martha Opersteny. Ms. Opersteny thanked the Court and said their support allows the Resource Center's programs to continue. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 4. Proclamation 18-024 declaring May 30, 2018 as National Senior Health & Fitness Day. The Court voted unanimously to adopt Proclamation 18-024 declaring May 30, 2018 as National Senior Health & Fitness Day. The Court joins with the mayors of the Cities of Bryan and College Station and urge all citizens to support the efforts of local organizations that encourage older adults to enhance their lives through regular physical activity. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 5. Appointment of Pam Edgerley, Albert Campbell, and Irma Cauley as a Brazos County Representative on the Area Agency on Aging Advisory Committee. The Court voted unanimously to approve the appointment of the Brazos County representatives to the Area Agency on Aging Advisory Committee with the exception of Pam Edgerley. Motion: Approve w/ Conditions, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 6. Payment authorization GT Distributors in amount of $52.00 for two(2) Glock Night Sights. Original purchase order no. 17002777 was closed prior to receiving this invoice. This payment authorization was requested by the County Attorney's office. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 7. Approval of contract with Texas Voting Systems for election services for the Republican and Democratic Runoff Elections to be held May 22, 2018. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Permission to advertise RFP # 18-089 Surveillance Upgrade for the Brazos County Detention Center. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Contract # 18-129 with Garland/DBS, Inc. for Roofing Repair Services for County Buildings in the amount of $183,478.00. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 10. Contract #18-134 for Online Bidding System and Contract Management with lonwave in the amount of $5,833. This is the new online bid system that is proposed to be purchased along with City of Bryan, City of College Station, and College Station ISD. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 11. Approval of request to abandon a 20' Public Utility Easement that bisects Lot 72R, Block 2 of Saddle Creek Subdivision Phase 1. When Lot 72 was replatted in 2008, the lot line moved but the easement remained. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 12. Approval of the Messina Hof Wine & Roses Half Marathon and 5K Event scheduled for April 22, 2018 which will require roadway and lane closures on Old Reliance Road, Carrabba Road and Wallis Road. Area Wide Protective (formerly N -Line) will provide traffic control assistance during this event. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 13. Acceptance of a Special Warranty Deed for 0.288 of one acre and a Temporary FVCA . z %� P9•Z-3`3 Easement for 0.154 of one acre from W. C. Scasta, Jr., Joyce L. Scasta, Charles Calvin Scasta and Lee Ann Scasta to be used for a bridge replacement on Scasta Lane located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Expenditure Journal Entries • Expenditure Journal Entries FY 17/18 030147-030151, 030154-030156, and 040001-040003 A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Proclamations 18-025 - 18-027 recognizing the following individuals for their service to the community. • a. Brigadier General Joe E. Ramirez Jr. • b. Ron Schmidt • c. Judy & Larry Holt The Court voted unanimously to approved Proclamations 18-025, 18-026 and 18-027. The Court joins with the mayors of the Cities of Bryan and College Station in affirming that the quality of life in the Bryan -College Station community has been enriched by each of these citizens and proclaims April 23, 2018 as "Brigadier General Joe E. Ramirez, Jr. Day'; "Ron Schmidt Day"; and "Judy and Larry Holt Day". A copy of the proclamations is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed, 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Tax Refund Applications for the following: • a. Cindy Clay Schumpert - Overpayment $522.64 • b. Derrick Williams -Overpayment $8.49 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 17. Budget Amendments. Budget Amendments FY 17/18 27.1 - 27.2 27.1 Reallocate funds for Associate Judge No.1. 27.2 Transfer funds from Non -Departmental to Fleet Services. va. aZ 71 P9. 13 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 18. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 19. Payment of Claims. Claims 8002661-8002846 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 20. Convene into Executive Session pursuant to Texas Government Code Section 551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the position of General Manager of the Exposition Complex & the Brazos Valley Fair. At this point, the County Judge announced the Court would consider items 22 through 24 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:25 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Texas Government Code 551.074 as stated above. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bruce Erratt, Civil Counsel Jennifer Salazar, Human Resources Director Tom Quarles, Expo Complex Director 21. Consider and possible action on Executive Session. At 10:52 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 22. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 606 inmates in jail, 520 inmates are male and 806 are female, 42 have electronic monitors and 10 are pending for monitors. Vol. X 771 Pg. tjs� 23. Announcement of interest items and possible future agenda topics. Commissioner Aldrich announced that the Brazos County Health Board met on Monday, April 9, 2018 and accepted the retirement of Ken Bost after 34 years of service to Brazos County. Commissioner Cauley stated the Prairie View University Cooperative Extension Program will be recognizing her at the CEP State Conference Awards Luncheon on April 12, 2018 at The Renaissance Hotel in Austin. Commissioner Aldrich reminded everyone that April 23, 2018 is declared as "Brigadier General Joe E. Ramirez, Jr. Day"; "Ron Schmidt Day'; and "Judy and Larry Holt Day'. He said this would be a great opportunity to thank these people. Commissioner Cauley commented that Bryan City Councilman Mike Southerland lost his mother and a service is planned for Wednesday in Shreveport Louisiana. Judge Peters announced that Brazos County Expo Complex Director Tom Quarles has announced his retirement effective April 30, 2018. The Court thanked Mr. Quarles for all his efforts in improving the Expo. Commissioner Cauley stated that Robert Person with Brazos County Juvenile services has passed away. 24. Call for Citizen input and/or concerns There was no citizen's input. 25. Adjourn. Vol. Z / Pg, .�e� The foregoing minutes of the Commissioners Court meeting held April 10, 2018 have been examined and are approved in open Court this lst day of May 2018, in Bryan, Brazos County, Texas. Z'%. Duane Peters County Judge Steve Aldrich Commissioner, Precinct 1 Sammy Cata na Nancy Berr Commissio er, Precinct 2 Commissioner, Precinct 3 Irma Cauley Commissioner, Precinct 4 Attest �4/ Ka en McQueen County Clerk VOL PC; 7 / Pg. /37- . BRAZOS COUNTY COMMISSIONER'S COURT DAY OFOlf,�, 20 /� U AM/, Name Organization Pg P of2� C L,tCct . vol. 7 / Pg, Name BRAZOSCOUNTY COMMISSIONER'S COURT �,�DAY OF �.s�. , 201 cf AM/ Organization Pg2,-,-of2, 41619 Vol. ? / Pg. /3! WHEREAS: the effects of sexual assault go far beyond the physical and victims often develop a number of psychological conditions, such as post traumatic stress disorder and depression effecting families, friends and Texas communities, spurring fear, anger and a sense of vulnerability; and, WHEREAS: few survivors of sexual violence seek help immediately after victimization due to shame or the fear of not being believed. To end sexual assault, we must alleviate these fears and begin by believing; and, WHEREAS: as members of a caring society, members of communities across the state of Texas must unite to remove the stigma of rape and the Brazos Valley community must continue the dialogue started by the Sexual Assault Resource Center in their places of work, schools and homes; and, WHEREAS: each year, the month of April provides an opportunity for the Sexual Assault Resource Center and rape crisis centers across the state to renew their commitments to serve their communities. Educational efforts also intensify, which ensures that Texans are aware of the sexual assault services available in their area; and, NOW, THEREFORE, we as the Commissioners Court of Brazos County, do hereby designate April 2018 as SEXUAL ASSAULT AWARENESS AND PREVENTION MONTH in ou Duane Peters, County Judge /� Commissioner Steve Aldrich, Pct. 1 Commissioner S my Catalena, Pct. 2 Commissioner Nancy Berry, Pct. 3 Commissioner Irma Cauley, pg. /�a 11 i ME May is designated as Older Americans Month and National Physical Fitness and Sports Month; and it is appropriate to honor our mature citizens for their many contributions to the vitality and strength of our community; and the United States Surgeon General has. determined that regular physical activity results in significant health benefits and improved quality of life for older adults; and 67)". all older adults can participate in activities that improve and maintain their health. 9�a �: I, Andrew Nelson, Mayor of -Bryan, Texas, and I, Karl Mooney, Mayor of College Station, Texas, and I, Duane Peters, Brazos County Judge;'affrrm. that acting on behalf of our respective city, council and commissioners court, do hereby proclaim Wednesday, May 30as: NATIONAL SENIOR HEALTH & FITNESS DAY in the City of Bryan and College Station and urge all our citizens to support the efforts of.local organizatiori"s that encourage older adults to enhance their lives through regular "physical' activity. CITY OF COLLEGE STATION RA-E(ji}3d�Y� Duane Peters, County Judge iWe 71- Q9• �--zc-- THE STATE OF TEXAS § COUNTY OF BRAZOS § This contract made and entered into this the _Jot day of March, 2018, by and between TEXAS VOTING SYSTEMS, INC., a Texas Corporation, BRAZOS COUNTY and the BRAZOS COUNTY ELECTION ADMINISTRATOR, as Contracting Officer for the BRAZOS COUNTY DEMOCRATIC PARTY and the BRAZOS COUNTY REPUBLICAN PARTY. WITNESSETH: Whereas, Texas Voting Systems, Inc. is the business of selling election services and supplies; and Whereas, BRAZOS COUNTY and the BRAZOS COUNTY ELECTION ADMINISTRATOR is desirous of employing the services of TEXAS VOTING SYSTEMS, INC. in connection with the BRAZOS COUNTY PRIMARY RUNOFF ELECTION to be held on May 22, 2018 in Brazos County, Texas; Now, Therefore, in consideration of the premises and mutual promises and obligations herein set forth, it is agreed that: TEXAS VOTING SYSTEMS, INC. will provide the following supplies: (a) Fifteen (15) custom gathered election sets. (b) One thousand six hundred(1,600) sample ballots (c) All required numbered seals for eSlates and JBC's and transfer cases (d) Vote center supply packs (pens, tape, paper clips, tacks, and highlighters ) as required II TEXAS VOTING SYSTEMS, INC. will provide the following services: (a) Programming for the elections. (b) Pre -define voting equipment (84 eSlates, 7 JBCs for Election Day, 52 eSlates, 5 JBCs for Early Vote, 2 eSlates, 2 JBCs for Public Test) (c) Transport and set up equipment at 5 Early Voting locations, tear down and pick up equipment and return to warehouse (d) Transport and set up'equipment at 7 vote centers and return to the warehouse after the election (e) Back up of the equipment after the election (f) Provide assistance on Election Day as required to include Central Counting (g) Clear equipment after retention period (h) Provide consulting services before and after the election VO l.-_--.. p -C,. Z/z III The BRAZOS COUNTY ELECTION ADMINISTRATOR, shall be responsible for and hereby assumes the following duties and obligations in regard to the BRAZOS COUNTY PRIMARY RUNOFF ELECTIONS to be held on May 22, 2018: (a) Payment of Election Judges and Clerks (b) Payment of Central Counting staff, Early Voting Ballot Board, and Signature Verification Committee (c) Furnish Texas Voting Systems, Inc. a complete list of all candidates for all races to be considered in the above mentioned election (d) All reports, expense accounts, canvass of the election, conduct of the election at the individual polling places and any other statutory requirements as required by the Texas Election Code and/or the Federal Voting Rights Act. (e) Payment of the TEXAS VOTING SYSTEMS, INC. contract IV The consideration to be paid by BRAZOS COUNTY to TEXAS VOTING SYSTEMS, INC. for services rendered and supplies provided by said corporation for the BRAZOS COUNTY PRIMARY RUNOFF ELECTION to be held on May 22, 2018 is TWENTY THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($20,500.00) APPROVED by BRAZOS COUNTY this day of Ad2018. E. uane Peters County Judge 4v�1; �ccjJ Trudy R. Mbcock Election Administrator �( W. C. "Bill" Sims Vice President, Texas Voting Systems, Inc C:TVS C--03 C Prim RnnoffEk 3/22/18 con Vol, a 7/ _ p®, THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared W. C. "Bill' Sims, known to be to be the person and officer whose name is subscribed tot he foregoing instrument and acknowledged to me the same was the act of the said Texas Voting Systems, Inc., a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the11 day of Yt1GACiA 00 � JUDY P. 0NDRASEK ?' �E Notary Public, State of Texas Comm. Expires 11-094020 „°llNotary ID 125112796 C:TVS ConU9 C M. RunaffElc 3/22/18 can 2G�rcGrlS,.�. No� Public in and for Brazos County, Texas 0 J. * Brazos County ,TF Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: April 4, 2018 RFP NUMBER: 18-089 TITLE: Video Surveillance UpIlrade for the Brazos County Detention Center REQUESTING DEPARTMENT: BCDC APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: I// 0/ Fol. ��..�-- P9• N ROOFING REPAIR SERVICES FOR COUNTY BUILDINGS CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. 18-129 Bryan, Texas 77803 Page 1 of 10 Pages Telephone (979) 361-4294 GENERAL REQUIREMENT FOR CONTRACT �- 11(,ae1�,�Jloas, I, �/LCAeiA,./7t as a duly authorized representative of "Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos Cormty. I further agree to all of the provisions and specifications contained in this contract. PROJECTS TO BE COMPLETED BY CONTRACTOR Project # 18-129 A! i08 G Roof repair- Sheriff's Office $8,890.00 Stucco Coating- Sheriff's Office AZ $44,212.00 Nall Panel Replacement- Administration Building /43 1.3-r $27,696.00 Hallway/Stairway Roof Replacement Administration Building 19 /7/3G/ $102,680.00 'DOTAL: $183,478.00 PROJECT TIMELINE After receipt of purchase order Contractor will order materials and supplies. Once the materials and supplies arrive the contractor will begin work. The project for the Administration Building roof is to be completed in 30 days. Project for the Administration Building wall panels to be completed in 15 days. Project for the Sheriffs Office stucco restoration to be completed in 30 days. The project for the Sheriff s Office roof restoration to be completed in 5 days. PREVAILING WAGES RATES The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit B attached. A Contractor or subcontractor who violates this section shall pay Brazos County $60 for each worker employed for each calendar day or part of the day the worker is paid less than the wage rates stipulated in Exhibit B. BONDING REQUIREMENTS The Contractor will be required to bond each project individually. The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of each project sum ten (10) calendar days prior to start of work for each project. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY Contract No. 18-129 BRAZOS COUNTY, TEXAS Pane 2 of 10 Pages COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos Cotmty Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non -response. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Contractor's performance. Contractor shall procure and maintain, with respect to the subject matter- of. this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover Contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terns and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos Vol. pg. /5(7 Contract No. 18-129 BRAZOS COUNTY, TEXAS Page 3 of 10 Pages County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITIONMODIF[CATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the Contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited from the incumbent Contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the Contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the Contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. Retainage of 5% will be withheld from each invoice for the duration of the contract until the County accepts the work as 100% complete and receives all warranties, manuals, releases of lien and other closeout documents. Upon acceptance by the County, retainage will be released to the Contractor. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, fi-eight, drayage and other charges are to be prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind, Contract No. 18-129 BRAZOS COUNTY, TEXAS Pagc 4 of 10 Pages other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the light to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this contract shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a govenunent subject to Texas State and Federal public information statutes. DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists arnong the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, if one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. SEVERABILITY Vol.L— P9• Contract No. 18-129 BRAZOS COUNTY, TEXAS Page 5 of 10 Pages If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanslmip of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERNIINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMEN'T'S FOR CERTIFICATE OF INSURANCE CONTRACTOR'SINSURANCE The Contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 2,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Lieut, in all self- propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Vol.�l_ _ P�. _l y� BRAZOS COUNTY, TEXAS Waiver of subrogation is required. Contract No. 18-129 Page 6 of 10 Pages. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LINIITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations'). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY, TEXAS CONTRACTOR: SaIU CoptactName: BRAZOSCOUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Phone Billing Moo Contract No. 18-129 Page 7 of 10 Pages ASSIGNABILITY This contract may not be assigned without the prior written permission of Brazos County. ,rt FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other tern or condition or subsequent waiver of the same term or condition. ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDTT RESPONSIBILTY Fvo —7— LT —P Contract No. 18-129 'BRAZOS COUNTY, TEXAS Page 8 of 10 Pages The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contact if evidence exists of less than full compliance with this contract. INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in constriction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contactor tinder and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, clairn or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect famished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. FV�Z___ 71 P9 I L 3 Contract No. 18-129 BRAZOS COUNTY, TEXAS Page 9 of 10 Pages HOUSE BILL 89 & DEBARNIENT VERFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, bttps://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affums that the company submitting this proposal, under the provisions of Subtitle F, Title 10, and Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit cormnercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Authorized Company CERTIFICATION OF BUD [VOI. �3 7 /- Pg. ° , •AVVARE ,,� �� BRAZOS COUNTY, TEXAS Contract No. 18-129 Pave 10 of 10 Pages The undersigned further affirms the non -debarment statement above, that they are duty authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been coirununicated to any other vendor prior to the official opening of this bid. Signed By: Title: T d doe Typed Name: Company Name: �-e, o /ar+d l tbS �e Phone No. �IC Y� • ��-�-� Email Address: /106"IJ(2CNe Mailing Address: ,300V P. O. Box or Street City State Zip Employer Identification Number: oo RPO �Tn • n Social Security Number: = S C� y ` i . ove y o loners' Court on this day of 2018 by oF' ••..... Holding the position of WARE .•'� Vol.— P9. ��✓r THE TEXAS A&M UNIVERSITY SYSTEM 301 Tarrow Street, 2nd Floor College Station, Texas 77840 Minimum Prevailing Wage Rate County: Brazos CLASSIFICATION RATE NOTES Acoustic Ceiling Installer Asbestos Abatement Worker 14.66 13.07 Carpenter Concrete - Pour and Finish 14.30 14.75 Crane Operator Driver 25.22 12.27 Drywall Installer Electrician - Journeyman 14.33 20.27 Electrician - Apprentice Elevator Mechanic - Journeyman 13.50 56.39 Elevator Mechanic - Apprentice 47.12 Fire Protection - Controls 18.86 Fie Protection - Pipefitter 18.84 Formwork Builder 14.03 Glazier 15.84 HVAC - Journeyman HVAC -Apprentice 20.06 13.87 15.14 HVAC - Controls Insulator 12.41 Ironworker 16.57 Laborer/Helper 11.31 Mason 16.92 Equipment Operator- Light Equipment Operator - Heavy Painter 13.20 16.18 12.50 Pipefitter - Journeyman Pipefitter - Apprentice Plasterer 28.44 15.90 14.81 Plumber - Journeyman 26.94 Plumber - Apprentice Reinforcing Steel Worker Roofer 16.35 13.80 13.80 Stone Mason 15.51 Terrazzo Installer 11.64 Tile Setter 14.76 Waterprcofer 14.26 Note: Listed minimum prevailing wage rate is the base hourly wave rate including fringes. Garland/DBS, Inc. 3800 East 91St Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL Sheriffs Office Brazos County 1700 TX -21 Bryan, TX, 77803 Date Submitted: 03/16/2018 Proposal #: 25 -TX -170868 MICPA # 14-5903 Purchase orders to be made out to: Garland/DBS, Inc. �(n►19►t- M-1 Dwign Out Soldom. InG ASaWa/yorG.,bandWd bees Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb County, GA and U.S. Communities. This budget/estimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Scope of Work: 1. Repair roof leak above conference room by first removing the roof drain strainer and clamping rings. 2. Seal around roof drain bowl with liquid applied flashing adhesive:' 3. Install back clamping rings and roof drain strainer. 4. Repair (5) blister areas around roof drain by opening up blister and sealing with a roofing torch. 5. Seal metal coping cap at stucco wall transition above conference room leak. 6. Install liquid applied flashing adhesive at lighting protection penetrations across the roof system. (4) -each. 7. Remove and replace rusted metal edge and downspouts at back entrance to sheriff's office. Install new downspouts, and metal edge. _ -yam:• _—.zc�z„ � - e Vol.--- P9' Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. Proposal pricing valid through 12/31/2018. Clarifications/Exclusions: 1. Sales and use taxes are excluded. Please issue a Tax Exempt Certificate. 2. Plumbing, Mechanical, Electrical work is excluded. 3. Masonry work is excluded.' 4. Any work not exclusively described in the above proposal scope of work is excluded. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, Robert Shymske Garland/DBS, Inc. (216) 430-3509 Garland/DBS, Inc. 3800 East 915t Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 MATERIAL AND SERVICES PROPOSAL Stucco Coating Brazos County Sheriffs Office 1700 TX -21 Bryan, TX 77803 Date Submitted: 0311612018 Proposal #: 25 -TX -171024 MICPA # 14-5903 Purchase orders to be made out to: Garland/DBS, Inc. Ml bt N-2 Please Note: The following budgetlestimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb County, GA and U.S. Communities. This budget/estimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Scope of Work: 1. Pressure wash existing stucco walls to a clean and sound surface. 2. Seal any miscellaneous holes & cracks in the buildings exterior walls that are 1/16" or larger. Cracks will be grinded and sealed with new sealant. Backer rod will be used as necessary. New texture applied as necessary. 3. Remove sealant at louver framing to stucco walls and replace with new. 4. Cover and protect window areas in preparation of new wall coating. 5. Install new Garland Tuff -Coat emulsified acrylic wall coating approximately 100 square feet per gallon in accordance with manufactures specification. Two -coat application minimum. 6. Wall to be accessed using current OSHA safety standards. Proposal Price Based Upon MarketExperience: $ 44,212 Proposal pricing valid through 12131/2018. Vol. Garland/DBS, Inc. 3800 East 9151 Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL Wall Panel Replacement Brazos County Administration Building 302 East 24th St. Bryan, TX 77803 121812017 Proposal #: 25 -TX -171359 MICPA # 14-5903 Purchase orders to be made out to: Garland/DBS, Inc. ..IF ,lki 6 A -3 Please Note: The following budgettestimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb County, GA and U.S. Communities. This budgetlestimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Scope of Work: Wall Panel Replacement 1. Remove existing R -panel at stairway area and at small hallway wall area. 2. Install new 518 Dens Glass sheathing and ice and water underlayment to existing metal stud framing. 3. Install new R -Mer Wall Concealed Fastener Wall Panels. Color to match existing wall panels. 4. Install new outside corners trim pieces to complete a water -tight assembly. Proposal Price Based Upon M rket Experience: $ 27,696 Vol. all =—L' Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid through 12/31/2018. Clarifications/Exclusions: 1. Sales and use taxes are excluded. Please issue a Tax Exempt Certificate. 2. Plumbing, Mechanical, Electrical work is excluded. 3. Masonry work is excluded. 4. Any work not exclusively described in the above proposal scope of work is excluded. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, Steve Rojek Garland/DBS, Inc. (216) 430-3523 Garland/DBS, Inc. 3800 East 915' Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL Hallway / Stairway Roof Replacemet Brazos county Administration Building 302 East 24th. Street Bryan, TX 77803 Date Submitted: 12/1/2017 Proposal #: 25 -TX -171361 MICPA # 14-5903 Purchase orders to be made out to: Garland/DBS, Inc. OesgmBUM SaMom, Na 1 A SuWddaryofGadwd Indusfias Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb County, GA and U.S. Communities. This budget/estimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Scope of Work: 1. The scope of work for the project begins with removing the existing hallway low -slope roof systems down to the lightweight concrete decking. 2. The roof system above the stairway is to be removed down to the concrete decking. 3. The hallway roof system begins with mechanically fastening a Type II venting base sheet with a spilt shack fastener. A fastener pull out test will be required to verify lightweight concrete holding power and used for submission of a building specific fastening pattern layout. Pullout values may require fastening into the metal decking via asap fasteners. 4. The tapered insulation system height will have a minimum start height of 3 -inch thickness. The Y4" tapered insulation boards are to follow. The contractor is to add additional perimeter hailers for new insulation height. Pg. / 6 5. The new roof systems will begin with a W tapered polyisocyanurate insulation system installed in Insul-Lock HR Adhesive. 6. A large cricket is to be installed around the abandon concrete curb on the lower hallway roof system to achieve positive slope. 7. A new Y2' securock gypsum coverboard is to be adhered over the tapered insulation system. 8. A new two-ply SBS modified bitumen membrane system is to be installed on the roof system. One ply of SBS HPR torch applied base sheet and one ply of Stressply IV Mineral surface torch applied cap sheet. 9. The existing HVAC units are to be installed on new 4x4 treated blocking and Yz" rubber mats. 10. Install new pre -painted 24 -gauge metal downspouts, coping cap, gutters and surface mounted counter -flashings to provide a complete watertight roof assembly. See roof plans for project specific roof details 11. The upper roof system is to have a scupper areas closed off and a new gutter and downspouts installed at roof edge. Conductor head and downspouts to be removed and new masonry installed to fill -up existing hole. 12. Termination bar and surface mounted counter -flashings are to be installed at all roof base flashings. 13. At door thresholds areas, new counter -flashing and liquid applied flashing is to be installed per roof plans. 14. At door thresholds areas, new counter -flashing and liquid applied flashing is to be installed per roof plans 15. Install (6) new downspouts along the roof system. Downspouts currently not indicated on roof plans. 16. Any sod that is damaged in during construction will be replaced by contractor at end of project. 17. Install new pipe supports under chiller lines. 18. Engineered stamped roof plans are to be supplied by roofing manufacture. 19. Building Permit is to be supplied by Garland/DBS, Inc. Proposal Price Base Upon aret Exper a ee: $ U3,680 Tebben vbl, /� 3 _ l�L. Pg. . 119,349 Potential issues that could arise during the construction phase of the, project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid through 3/31/2018. Clarifications/Exclusions: 1. Sales and use taxes are excluded. Please issue a Tax Exempt Certificate. 2. Bonds are included. 3. Plumbing, Mechanical, Electrical work is excluded. 4. Any work not exclusively described in the above proposal scope of work is excluded. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, Joe Slovasky Garland/DBS, Inc. (216)430-3523 voi. _ Pg. lvlzl W 'ONWAVE technologies THIS MASTER LICENSE AND SERVICES AGREEMENT (the "Agreement"), is made and entered into as of this the 1s' day of April, 2018 ("Effective Date"), by and between ton Wave Technologies, Inc., a Missouri corporation having its principal offices located at 3653 South Avenue, Springfield, Missouri 65807 ("IWT') and the County of Brazos having its principal offices located at 200 South Texas Avenue, Bryan, Texas 77803 ("Client"). WHEREAS, IWT is engaged in the business of the development, marketing, and support of Internet based software of all types. NOW THEREFORE, in consideration of the premises, covenants, and mutual promises contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. Software Licensing and Use 1.1 License Grant. In accordance with and subject to the terms and conditions provided herein and in consideration of payment of the license fees set forth in any Exhibit A, IWT hereby grants to Client and Client accepts from IWT a non-exclusive, non- transferable license to use the IWT products specified in Exhibit A, collectively or individually referred to as the "Licensed Products", solely for its internal business purposes. Any rights not granted herein are reserved to IWT. 1.2 Access. Access to and usage of the Licensed Products shall be limited to Client's internal business purposes, specifically defined as the operation of Client's purchasing department. Access to the Licensed Products shall be limited to the Client end user community, as defined in Exhibit A. Unless specified in Exhibit A, Client will not permit others, including but not limited to subsidiaries, affiliates, and contractors, to access or use the Licensed Products, nor will Client use the Licensed Products on their behalf. 1.3 Use Limits. Client is prohibited from performing any load testing against IWT's hosted production environments, without the prior express written permission of IWT. Client is prohibited from reverse engineering, decompiling, and disassembling the Licensed Products, 1.4 Work Products. Any Work Products, as defined below, that are software, shall be subject to the same license limitations of this Agreement and any additional limitations as set forth in any Exhibit hereto. 1.5 Rent, Lease, and Sublicense Restrictions. Client shall not rent, lease, sublicense, grant a security interest in, or otherwise transfer the Client's right to use and possess the Licensed Products, in whole or part. 1.6 Copies and Proprietary Notices. Any Licensed Products, together with any accompanying technical or system documentation that is delivered to Client pursuant to this Agreement shall not be copied, except that one (1) copy may be made for backup or archival purposes, provided any such copy is clearly marked as proprietary to IWT, licensed to Client, and contains IWT's proprietary notices. Client shall be permitted to make additional copies of documentation specifically designated for training of end users. Client shall not remove any proprietary notices or labels on the Licensed Products or its documentation. 1.7 Violation. Violation of any provision of this Section 1 shall breach the Agreement and be the basis for immediate termination of this Agreement and the corresponding license grant to the Licensed Products with no refund to Client of fees paid to IWT. 2. Maintenance and Support 2.1 Support Services. Subject to the payment of the applicable licensing and support fees as set forth in Exhibit A, IWT shall provide Client with the maintenance and support services as set forth in Exhibit B of this Agreement ("Support Services") for the Licensed Products. Exhibit B may be updated from time to time at IWTs sole discretion, provided said updates do not materially diminish the Support Services provided to Client without Client's consent. 2.2 Payment and Term. Provided that this Agreement and the license for the applications which the Support Services are to be performed has not been terminated, IWT will provide Support Services as specified in Exhibit B of this Agreement for the support fees indicated in Exhibit A. In the event (i) IWT has not received payment for the next annual period's applicable license or support fees, prior to the last day of the current term; and/or (ii) this Agreement and/or the license is no longer in effect, Support Services shall be discontinued. 2.3 On -Site Services. Support Services do not include any on-site services. At Client's request, IWT may provide technical, operational or other assistance or consulting in excess of the standard Support Services at IWT's standard hourly rate then in effect - 3 Professional Services 3.1 Professional Services. IWT shall provide Client with professional consulting services as described in the Statements of Work ("SOW") to be attached as Exhibit C hereto ("Professional Services"), which SOW by its express terms shall amend this Agreement. Any additional services beyond those described in any Exhibit C shall be at the mutual, written agreement of the parties. 3.2 Client Obligations. In order to facilitate the provision of the Professional Services by IWT, Client shall have installed the recommended hardware and software and will have completed the required preparatory work described in the Exhiblt(s) attached hereto. Ion Wave Technologies, Inc. Confidential Master License & Services Agreement --Page 1 of 10 va. _T %% 3.3 Contact Person. Each party will appoint in writing, in the applicable Exhibit, an employee or agent of such party to act as the "Contact Person" for all communications between the parties related to the Professional Services. Each party may change its Contact Person upon written notice to the other. 4 Proprietary Rights 4.1 Ownership. Client acknowledges and agrees that, as between Client and IWT, IWT is the sole and exclusive owner of all right, title and interest in and to the Licensed Products, as well as all alterations, modifications, additions, and derivative works made with respect to the Licensed Products and all work products produced from the Professional Services performed under the SOW ("Work Products"). Except as expressly permitted or required hereby: (i) Client shall have no right or license to the Licensed Products or Work Products; and (ii) Client shall not use, reproduce, publish, or make available to others, modify, or create any derivative works of, all or any part of the Licensed Products or Work Products. 4.2 License Rights. Nothing in this Agreement or any Exhibit hereto shall in anyway enlarge or extend Client's license rights in the Licensed Products, with respect to the materials that IWT delivers to Client pursuant to any SOW. 4.3 Client Data. Any client data and any materials or equipment furnished to IWT by Client in connection with any of the Professional Services provided under an Exhibit shall be deemed proprietary to Client. 4.4 Trademarks. All trademarks, service marks, trade names and logos of IWT appearing on or within the Licensed Products or Work Products used in connection with the Support Services or the Professional Services provided by IWT are the property of IWT and Client shall not use them without IWTs prior written approval. 5 Fees and Payment Terms 5.1 Fees. Client will pay IWT the fees as set forth in the Exhibits. Except for initial payments, which payments, unless provided otherwise, shall be due and payable upon the execution of this Agreement and any Exhibit hereto, IWT will submit to Client an invoice for the amounts due. Unless provided otherwise, all invoices submitted by IWT shall be due and payable in full, without reduction for any offset, withholding or other claims, within thirty (30) days of the date thereof. Any amounts payable to IWT hereunder, which are not paid when due, shall thereafter bear interest at the rete of one and one-half percent (1.5%) per month or the maximum amount permitted by applicable law, whichever is less. 5.2 Taxes. Fees do not include any taxes. Client shall be responsible for all applicable taxes, including VAT and regulatory fees of any kind imposed by any government on any deliverable provided under this Agreement, provided, however that IWT shall be responsible for all taxes based solely upon IWT's income. If Client is exempt from the payment of any such taxes, upon execution of this Agreement, Client must provide IWT with a valid tax exemption certificate (or documentation proving exemption acceptable to the taxing jurisdiction); otherwise, absent proof of Client's direct payment of such tax amounts to the applicable taxing authority, IWT will invoice Client for and Client will pay to IWT all such tax amounts. Client shall indemnify and hold IWT harmless in the event any taxing authority seeks to collect any tax, required to be paid by Client pursuant to this section, from IWT. 5.3 Travel Expenses. Unless otherwise specified in the Exhibits, IWT shall be reimbursed by Client for all reasonable travel and living expenses and travel time. IWT shall invoice Client for such actual expenses monthly or on such other schedule at IWTs sole discretion. 5.4 Non -Payment. As opposed to exercising its right to terminate an Exhibit or this Agreement in its entirety, IWT may, at IWT's sole discretion, suspend performance of any obligations under the applicable Exhibit for nonpayment, but only until such time as payment is made. 5.5 Currency. All fees are stated in US dollars and are payable in US currency. 5.6 Invoices. All invoices to Client shall be mailed or emailed to the following address, which may be changed from time to time, provided Client provides IWT with written notice of such change: County of Brazos, Texas Attn: Accounts Payable c/o Charles Wendt 200 S Texas Ave Bryan, TX 77803 Email: ewendtanbrazoscountvtx.eov 6 Term and Termination 6.1 Term and Termination. The term of this Agreement shall commence on the Effective Date and will run for the periods as indicated in the Exhibits. 6.2 Termination for Breach. This Agreement may be terminated by either party upon a breach by the other party of any material term of the Agreement or its Exhibits, which breach is not cured (unless such breach is incapable of cure, such as breach of the restrictions on use and license grant described herein or of any confidentiality agreement between the parties hereto) within thirty (30) days of written notice of the breach. Upon termination for breach, all use and access to the Licensed Products shall cease and Client shall immediately return to IWT or destroy all copies of the Licensed Products, together with all documentation and any other IWT proprietary information in its possession. Furthermore, Client shall provide IWT a certification from an officer of Client that all Licensed Products, documentation, and all copies thereof, have been returned to IWT or destroyed in accordance with this Agreement. 6.3 Effects of Termination. Upon termination or expiration of this Agreement for reasons other than the breach of this Agreement: (i) all use and access to products licensed on a term basis shall cease and Client shall immediately return to IWT or destroy all copies of the tens licensed products, together with all documentation and any other IWT proprietary information in its possession. Client shall provide IWT a certification from an officer of Client that all term licensed products and all associated documentation, have been returned to IWT or destroyed in accordance with this Agreement. (ii) all use and access to products licensed on a perpetual basis shall continue, subject to the terms of this Agreement and any Ian Wave Technologies, Inc. Confidential Master License & Services Agreement Page 2 of 10 vd. _4Z / Pg. i Exhibits, including but not limited to, the provisions for access and use of the Licensed Products (Section 1), Proprietary Rights (Section 4), Warranties and Indemnification (Section 7), and Confidentiality (Section 8). Upon termination or expiration of this Agreement, all Support Services and Professional Services as discussed in this Agreement or any Exhibits will cease - 7 Warranties, Indemnity, and Limitations 7.1 Licensed Products Warranty. IWT warrants that it is the owner of the Licensed Products or otherwise has the right and authority to grant the licenses to Client, which are provided for herein. IWT represents that for the entire term covered by the Support Services ("Warranty Period") that the Licensed Products will substantially perform in accordance with and as specified in the applicable documentation when operated in the designated environment. IWT does not represent that the functions contained in the Licensed Products will meet Client's requirements or that the Licensed Products wilt operate uninterrupted or error free. In the event that Client does not pay the required Support Services fees or this Agreement is terminated, Client agrees that all warranty provisions and associated remedies shall be terminated. 7.2 Limitations of Warranty. IWT's warranties in this Section 7 shall only apply to the IWT Products developed by IWT or its affiliates. All other Licensed Products shall be provided by IWT "AS IS." Notwithstanding anything to the contrary in this Section 7.2, IWT shall assign to Client any warranty granted by the supplying party for the Licensed Products, to the extent of IWT's right to do so. 7.3 Remedy. During the Warranty Period, IWT's entire liability and Client's sole remedy for any reproducible, substantive error(s) in the unmodified IWT Application as reported in writing by Client shall be that IWT, at its option, will use its reasonable goad faith efforts to correct the error(s), or, upon return of the Licensed Product and accompanying documentation to IWT, terminate this Agreement or the applicable license to the Licensed Product, as the case may be, and refund to Client a sum equal to a portion of the license fees paid, prorated on a monthly basis for the period in which the application was rendered unusable, for the Licensed Product for which the license is terminated. 7.4 Services Warranty. IWT represents and warrants that it is experienced in providing the Professional Services and Support Services described herein and further warrants that it will perform the Professional Services and Support Services in a good, workmanlike, and professional manner. Client's remedy for breach of the foregoing warranties shall be the re - performance of the relevant Professional Services free of charge. 7.5 Disclaimer. In no event will IWT be liable for any loss of profits, loss of use, business interruption, loss of data, cost of cover, or indirect, special, Incidental, or consequential damages of any kind in connection with or arising out of the furnishing, performance or use of the Licensed Products, Professional Services and/or Support Services provided to Client under this Agreement as applicable, whether arising in contract or tortious conduct, or any other legal theory, including negligence, or whether arising from mistakes, omissions, interruptions deletion of files, errors, defects, viruses or other malicious code, delays in operation of transmission, or the use or performances of a Work Product, or the delay or failure of performance the Professional and/or Support Services provided under this Agreement, even if IWT has been advised of the possibility of such damages. 7.6 Client Responsibility. Client acknowledges and agrees they bear all liability for their end users' activity on IWT's systems. Client represents and warrants that any data loaded into IWT's systems by Client's end users will not infringe the intellectual property rights of any third party. Client acknowledges that IWT may, in appropriate circumstances and at its discretion, disable Client's access or terminate this Agreement for violations of this provision. Client will be solely responsible for bearing any and all costs of obtaining any required third party licenses for data loaded into IWT's systems by Client's end users. 7.7 Limited Warranty. THE ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY IWT. EXCEPT AS EXPRESSLY SET FORTH HEREIN, IWT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, AND IWT HEREBY DISCLAIMS THE SAME. 7.8 Exception to Warranty. IWT'S WARRANTY OBLIGATIONS SHALL NOT APPLY IF THE LICENSED PRODUCTS OR SOFTWARE WORK PRODUCT'S FAILURE TO PERFORM IN ACCORDANCE WITH ITS FUNCTIONAL SPECIFICATIONS IS CAUSED BY: (1) THIRD PARTY SOFTWARE LICENSED BY CLIENT; (II) CLIENT'S USE OF OR ACCESS TO THE LICENSED PRODUCTS OTHER THAN AS INTENDED OR IN VIOLATION OF THIS AGREEMENT; OR (111) UNAUTHORIZED MODIFICATIONS MADE TO THE IWT LICENSED PRODUCTS OR SOFTWARE WORK PRODUCT BY CLIENT. 7.9 Indemnification. (a) By IWT. IWT shall indemnify, defend and hold harmless Client against any loss, damage or expense incurred by Client as a result of claims, actions, or proceedings brought by any third party alleging infringement by a IWT Licensed Product or a Work Product, of copyright, trademark, patent, or other proprietary rights, and against its reasonable attomeys' fees and any money damages or costs awarded in respect of any such claim(s) and any suit arising from any such claim(s); provided, however, that (1) Client shall have given IWT prompt written notice of such claim, demand, suit or action; (ii) Client shall cooperate with said defense by complying with IWT's reasonable instructions and requests to Client in connection with said defense; and (iii) IWT shall have control of the defense of such claim, suit, demand, or action and the settlement or compromise thereof. Further, IWT shall have no liability for any infringement action or claim that is based upon or arising from the matters described in this paragraph if the applicable Licensed Product or Work Product is modified or altered by a party other than IWT or is used for a purpose other than that for which it is intended or as set forth in the appropriate documentation. If a temporary or permanent injunction is obtained against Client's use of the Licensed Product or Work Product as a result of the matters described in this paragraph, IWT shall, at its option and expense, either procure for Client the right to continue using the Licensed Product or Work Product or replace or modify the Licensed Product or Work Product or Infringing portion thereof so that it no longer infringes the alleged proprietary right. In the event that IWT Ion Wave Technologies, Inc. Confidential Master License & Services Agreement Page 3 of to vcii. -9-7-/ — Pg. Z concludes, in its sole discretion, that such procurement, replacement or modification is not reasonably practical, IWT may terminate the applicable Exhibit andlor this Agreement without penalty and refund that portion of the Fees attributable to the infringing product, prorated on a monthly basis. Client shall cease all use of a Licensed Product or Work Product for which a refund is given. This paragraph sets forth the exclusive remedy of Client against IWT, and IWT's exclusive obligation, with respect to any action or claim described herein. (b) By Client. To the extent allowed by law, Client shall indemnify, defend and hold harmless IWT against any loss, damage or expense incurred by IWT as a result of claims, actions, or proceedings arising from any bodily harm or injury suffered by IWT's employees or agents in the performance of Services or maintenance at any of the Client's facilities or the allegation of infringement or actual infringement by Client of any copyright, patent, trademark, trade secret, or other proprietary right of any third party. To the extent allowed by law, Client will indemnify IWT against its reasonable allomeys' fees incurred in connection with such claim(s), any money damages or costs awarded in respect of any such claim(s) and any suit arising from any such claim(s). Client shall be entitled to have sole control over the defense of such claim, unless the claim involves or relates to an intellectual property right of IWT in which case IWT may elect to have sole control over the defense of such claim as described in the preceding paragraph, and such election by IWT shall have no effect upon Client's obligations to indemnify and hold harmless hereunder. If Client does not assume sole control over the defense of such claim as provided in this section, IWT may participate in such defense and IWT shall have the right to defend the claim in such manner, as it may deem appropriate, at the cost and expense of Client. 7.10 Limitation of Liability. IN NO EVENT WILL EITHER PARTY'S LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT OF PAYMENTS RECEIVED BY IWT FROM CLIENT UNDER THE EXHIBIT GIVING RISE TO THE CLAIM. ADDITIONALLY, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CLAIM BROUGHT BY THE OTHER PARTY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR REASONABLY SHOULD HAVE BEEN DISCOVERED. 8 Confidentiality 8.1 Obligations. "Confidential Information" shall mean any proprietary information which is specifically marked as proprietary or confidential and which is disclosed by either party to the other in any form in connection with this Agreement. During the term of this Agreement and for a period of five (5) years after the date of termination of this Agreement or for a period of five (5) years after the termination of use of the Licensed Products, whichever period is longer, each party: (i) shall treat as confidential all Confidential Information provided by the other party; (ii) shall not use such Confidential Information except as expressly permitted under the terms of this Agreement or otherwise previously authorized in writing by the disclosing party; (iii) shall implement reasonable procedures to prohibit the disclosure, unauthorized duplication, reverse engineering, disassembly, decompiling, misuse or removal of such Confidential Information; and (iv) shall not disclose such Confidential Information to any third party. Without limiting the foregoing, each of the parties shall use at least the same procedures and degree of care to prevent the disclosure of Confidential Information as it uses to prevent the disclosure of its own confidential information of like importance, and shall in any event use no less than reasonable procedures and a reasonable degree of care. - 8.2 Exceptions. Notwithstanding the above, neither party shall have liability to the other with regard to any Confidential Information that: (i) was generally available to the public at the time it was disclosed, or becomes generally available to the public through no fault of the receiver; (ii) was known to the receiving party at the time of disclosure as shown by written records in existence at the time of disclosure; (iii) was developed independently by the receiving party prior to the disclosure, as shown by written records in existence prior to the disclosure; (iv) is disclosed with the prior written approval of the disclosing party; (v) becomes known to the receiving party from a source other than the disclosing party without breach of this Agreement by the receiving party and in a manner which is otherwise not in violation of the disclosing party's rights; or (vi) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the receiving party shall provide reasonable advance notice to enable the disclosing party to seek a protective order or otherwise prevent such disclosure and further provided that any such disclosure shall not destroy or diminish the confidential status of such Confidential Information. 9 Miscellaneous 9. b Force Majeure. Neither party shall be liable to the other by reason of any failure of performance hereunder (except failure to pay) if such failure arises out of causes beyond such party's reasonable control, despite the reasonable efforts and without the fault or negligence of such party. Without limiting the generality of the foregoing, li shall not be liable to Client in any way for any failure or delay in the performance of its obligations hereunder which failure is caused, directly or indirectly, by the failure ofany matter for which Client is responsible under this Agreement or which is a suspension of services for Client's failure to pay. 9.2 Assignment. Neither party may assign this Agreement without the prior written consent of the other, which consent will not be unreasonably withheld. Notwithstanding the foregoing, IWT may assign this Agreement to any entity acquiring substantially all of its stock or assets or the assets to which this Agreement or any Exhibit relates. 9.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law principles. 9.4 Exhibits. Each Exhibit to this Agreement shall incorporate the terms of this Agreement. In the event of any conflict between the terms of this Agreement and the terms of any Exhibit, the terms of this Agreement shall control unless an Exhibit expressly provides otherwise. Additional Exhibits added to this Agreement from time to time by the mutual written agreement of the parties shall be numbered sequentially under the letters of the respective Exhibit title (e.g. Exhibit A Licensed Products shall be A-1. A-2, etc.) and each shall be in addition to the previous Exhibit. Ion Wave Technologies, Inc. Confidential Master License & Services Agreement Page 4 of 10 Vol._ Pg. /� 9.5 Records & Audits. IWT, its agents or representatives, shall have the right to conduct a technical audit of Client's records, for the express purpose of determining whether Client is in compliance with the terms of this Agreement. Should IWT find that Client is not in compliance, Client shall pay the additional damages as may be due plus a five percent (5%) penalty. 9.6 Independent Contractor. IWT is an independent contractor and, except as specifically contemplated in any Exhibit to this Agreement, is not an agent or employee of, and has no authority to bind, Client by contract or otherwise. IWT will perform the Services under the general direction of Client, but IWT will determine, in IWT's sole discretion, the manner and means by which the Services are accomplished. Client has no right or authority to control the manner or means by which the Services are accomplished. 9.7 Waiver. No delay or omission by either party to exercise any right or power unless in writing and signed by the party waiving rights it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach shall not be construed to be a waiver of any succeeding breach or of any other covenant. 9.8 Notices. Any notice required to be sent to a party under this Agreement will be in writing, shall be sent by: facsimile; first- class mail return receipt requested; personal delivery; or overnight courier to the Address for Notices given for that party below, and shall be considered delivered upon proof of such delivery. Either party may change its notice address by giving written notice to the other party. If to IWT: If to Client: Ion Wave Technologies, Inc. County of Brazos, Texas 3653 South Avenue Attn: Purchasing Springfield, Missouri 65807 200 S Texas Ave Phone: 417-823-7773 Bryan, TX, 77803 Fax: 417-823-7778 Phone: 979-361-4292 Fax: 979-361-4293 9.9 Severability. If any provision of this Agreement is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent or, if that is not possible, by substituting another provision that is enforceable and achieves the same objective and economic result. It is expressly understood and agreed that each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, indemnification or exclusion or damages or other remedies are intended to be enforced as such. Further, it is expressly understood and agreed that in the event any remedy under this Agreement is determined to have failed its essential purpose, all limitations of liability and exclusions of damages or other remedies shall remain in effect. 9.10 Non -Solicitation. IWT and Client agree that the employees of IWT and Client may possess technical abilities that are in great demand and further agree that each party has incurred substantial expense in recruiting and training such employees and would incur even greater expense if required to replace any such employee. Therefore, IWT and Client each agree not to recruit, either directly or indirectly, a present employee of the other during the term of this Agreement or any other agreement between them, and for one year following termination of all such agreements, without the express written consent of the other party. Upon breach of this provision, the breaching party agrees to pay the other two times the yearly compensation of. the affected employee. This remedy provided in this paragraph shall be the only monetary remedy for breach of the terms of this paragraph. Neither party is prevented from seeking equitable relief for breach of this paragraph. 9.11 Survival. Payment obligations and any other provisions, which by their terms or their nature are intended to survive, shall survive the expiration or termination of this Agreement. 9.12 Entire Agreement and Amendment. This Agreement, with all Exhibits, is the entire agreement between the parties with respect to its subject matter, and supersedes and replaces any prior agreement between the parties with respect to said subject matter and there are no other representations, understandings or agreements between the parties relative to such subject matter. Amendments or waivers of any provision of this Agreement or its Exhibits shall be valid only as clearly identified as such, in writing and signed by the parties. No purchase order submitted by Client, even if accepted by IWT, shall be deemed to modify any terms of this Agreement, unless IWT has expressly stated in writing its intent to do so. IN WITNESS WHEREOF, eay„ paty ylereto s caused this Agreement to be executed by its duly authorized representative. IWT- IonWav e hno gies. c. Client Coun ofB zos Texas Si ned:/I Si ned: Printed Name: �DN.�Lf- // +*L1'- Printed Name: Printed Title: op Printed Title: Date: J Date: v Ion Wave Technologies, Inc. Master License & Services Agreement Confidential Page 5 of 10 Exhibit A Licensed Products 1. License Grant. IWT Grants to Client, in accordance with and subject to the terms and conditions set forth in this Agreement, a license to the IWT products as specified below: (1) IWT Sourcing subject to the following terms and restrictions: The license grant shall be for a five (5) year and six (6) month period starting upon the execution of this Agreement, with usage limited to Client employees. • The fWT Sourcing license shall include the Electronic Bidding (eRFx) and Supplier Management I Registration Modules. The Reverse Auction module, the Bid Evaluation Scoring module, and any future modules released by IWT are specifically excluded. Client may purchase additional modules and incorporate an additional Exhibit into this agreement. • The cost of the license shall be paid annually as outlined in the payment section below. (ii) IWT Contract Management subject to the following terms and restrictions: • The license grant shall be fora five (5) year and six (6) period starting upon the execution of this Agreement, with usage limited to Client employees. • The Contract Management license shall include the Contract and Insurance Certificate Tracking modules. Any future modules are specifically excluded. Client may purchase additional modules and incorporate an additional Exhibit into this agreement. • The cost of the license shall be paid annually as outlined in the payment section below when bundled with IWT Sourcing. 2. Support Services. IWT will provide Support Services to the Client, in accordance with and subject to the terms and conditions set forth in this Agreement, as specified below: (i) Support and Maintenance: IWT will provide Support Services as detailed in Exhibit B for the products listed above for a five (5) year and six (6) period beginning upon the execution of this Agreement at no additional cost to Client. 3. Payment. Payment for the license fees shall be due as follows: (i) $ 5,833 due upon execution of this Agreement for the service period 0 410 1/201 8 to 09/3012018. (ii) $17,500 Annual License Fees due October 1, 2018 for the service period 10101/2018 to 9/30/2019. (iii) $17,750 Annual License Fees due October 1, 2019 for the service period 10/01/2019 to 9/30/2020. (iv) $18,000 Annual License Fees due October 1, 2020 for the service period 10/01/2020 to 9/30/2021. (v) $18,250 Annual License Fees due October 1, 2021 for the service period 10/01/2021 to 9130/2022. (vi) $18,500 Annual License Fees due October 1, 2022 for the service period 10/01/2022 to 9/3012023. 4. Non Appropriation. Client intends to remit to IWT all payments for the full term if funds are legally available. to the event Client is not granted an appropriation of funds at any time during the term for the funds and are not, otherwise available to Client to pay IWT payments due and to become due under this Agreement, and there is no other available funds by which payment can be made to IWT, and the non—appropriation did not result from an act or omission by Client, Client shall have the right to terminate this Agreement on the last day of the fiscal period for wFiich appropriations were received without penalty or expense to Client, except as to the portion of the payments for which funds shall have been appropriated and budgeted. At least ninety (90) days prior to the end of Client's fiscal period, Client's Business Services Executive Director shall certify in writing that (1) funds have not been appropriated for the next fiscal period, (b) such non -appropriation did not result from any act orfailure to act by Client, and (c) Client has exhausted all funds legally available to pay IWT. If Client terminates this Agreement because of non -appropriation of funds, Client may not purchase or lease during the subsequent fiscal period, software and/or service performing the same function as, or functions taking the place of those performed by the software and/or service provided by IWT; however, that these restrictions shall not be applicable if or to the extent that the application of these restrictions would affect the validity of this Agreement. 5. Cooperative Contract. This purchase is made in accordance with the BuyBoard cooperative contract #498-15. Ion Wave Technologies, Inc. Master License & Services Agreement Val: Pg. / 70 Confidential Page 6 or 10 IN WITNESS WHEREOF, each party hereto as caused this Exhibit to be executed and amended to the Agreement by its duly authorized represe IWT- Ion WaY6 T chnol ies, Client— ou of Brazosk Texas Signed Signed: Printed Name: r -h / �/ 04A. J 4Zt�- Printed Name: Printed Title: l7 Printed Title: (, Date: r (a Date: (� [Remainder of page left intentionally blank — Exhibits B and C follows] Ion Wave Technologies, Inc. Confidential Master License & Services Agreement Page 7 of 10 pg. /7/ Exhibit B Support Services 1. IWT shall (a) use commercially reasonable efforts to provide Client with maintenance and support services ("Support Services") via telephone, facsimile, electronic mail, or other electronic means, at IWT's discretion, from the hours of 8:00 a.m. to 6:00 p.m. Central Time Monday through Friday (excluding IWT Holidays, which typically consist of New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday immediately following Thanksgiving, Christmas Eve, and Christmas Day), and 24x7 access for reporting Level 1 (as defined below) situations, to a designated, authorized, qualified, and trained user of the IWT Products ("Client Contact") and to one (1) designated, authorized, qualified, and trained user of the IWT Products designated as Client Contact's backup ("Backup Client Contact") (collectively referred to as "Client Support Contact"); and (b) use commercially reasonable efforts to correct reproducible errors or malfunctions to enable the IWT Products to substantially perform in accordance with and as specked in the accompanying documentation. 2. IWT shall use commercially reasonable efforts to deliver a solution or action plan to correct reported errors that IWT categorizes as: (i) "Level 1 Catastrophic" within eight (8) business hours of receipt of the reported error. "Level 1 Catastrophic" is defined as a condition in which the IWT Products are partially or totally inoperative, including but not limited to, total system failure, data loss, data corruption, or a processing of functions and processes so slow as to render the application unusable, or any Level 2 error where a reasonable alternative work process cannot be established; (ii) "Level 2 High Impact" within the next scheduled production release of the IWT Products or within one hundred -twenty (120) days from the date error was logged with IWT, whichever shall first occur. "Level 2 High Impact" is defined as any error that results in the usability of the product being restricted and for which a reasonable alternative work process can be established; (iii) "Level 3 Non -Critical," which errors IWT shall use commercially reasonable efforts to correct within the next scheduled production release of the IWT Products. "Level 3 Non -Critical" is defined as any error wherein one or more functions do not operate optimally, but where impact on functionality and/or usability is agreed by Client and IWT to be minor and result in a mutually acceptable disruption to Client's workflow process; and (iv) "Level 4 Cosmetic," which errors IWT shall use commercially reasonable efforts to correct within the next scheduled production release of the IWT Application, at IWT's sole discretion. "Level 4 Cosmetic" is defined as any error that cannot be categorized as belonging to any higher severity level, including but not limited to a cosmetic or documentation error. 3. IWT shall provide all extensions, enhancements, and other changes, which are logical improvements to a IWT Product and to which IWT makes generally available on a commercial basis, without charge, to any other licensee of the IWT Product ("Updates'). Updates do not include any new software products that are then made generally available on a commercial basis as separate, price -listed options or additions to an IWT Product nor do they include any Professional Services Fees that may be required for implementation. 4. IWT shall have no obligation to provide Support Services except to Client Support Contact and only with respect to the unmodified Supported Releases. When an IWT Product is deployed in conjunction with other software products, including but not limited to web servers, browsers, databases, and operating systems, IWT is not responsible for providing Support Services for these other products, or for ensuring correct interoperation with these products. 5. Client shall use commercially reasonable efforts to assist IWT in reproducing the specific situation in which a IWT Product, standing alone, demonstrates a failure to substantially conform in all material respects to the functional specifications set forth in its accompanying documentation ("Defect"). Client Support Contact shall conduct reasonable and adequate research with respect to a Defect or related issue prior to contacting IWT for assistance. Hosting Services 1. IWT shall use commercially reasonable efforts to make all hosted IWT Products available to Client for at least ninety-nine percent (99%) of the time (determined monthly), seven (7) days a week, twenty-four (24) hours per day, not including any unavailability that; (i) lasts less than fifteen (15) minutes; (ii) results from regularly scheduled IWT maintenance; (iii) results from failure of Client's hardware or software; (iv) results from the failure of a communication service or other outside service or equipment not within the control of IWT; or (v) is beyond the reasonable control of IWT ("Service Availability"). 2. Data Backup. In recognition that IWT's provision of the hosted IWT Products may be interrupted as a result of an act of God, events beyond the reasonable control of IWT, errors by IWT's staff, or a defect in the IWT Products, IWT agrees to maintain a commercially reasonable backup plan for the IWT Hosted Products and Clients data, whereby IWT can execute a recovery of the hosted IWT Products and Client's data as a result of such interruption. IN WITNESS WHERegch party here has caused this Exhibit to be executed and amended to the Agreement by its duly authorized represenntt e. //�j IWT-Ion Wa TAchgIoqiqK,W. Client Co ofBraz Texa Signed: Si ned: PrintedName: <�M!t �. Printed Name: Printed Title: Printed Title: Date: `I�/f /a Date: Ion Wave Technologies, Inc. I f 1 Confidential Master License & Services Agreement Page 8 of 10 Vol. 7% Pg. / 7,2-4 Exhibit C Statement of Work ("SOW") 1. Introduction Client seeks to implement the IWT Sourcing and Contract Management applications (the "Solution"). The primary objective of the project is to configure and implement the Solution for the Client. This will be done in a way that utilizes the standard features of the Solution and is based on the Solution standard configurations. This SOW describes the scope of services and the services investment necessary to complete the Solution implementation project. 1WT Professional Services will use commercially reasonable efforts in a manner consistent with software industry standard guidelines and as outlined in this SOW to provide the guidance and expertise necessary to help Client successfully implement the Solution. 2. Summary of IWT Responsibilities The following major activities are included in the scope of this project and will be performed by IWT: (i) Coordinate and lead all meetings, workshops, and training sessions. (ii) Provide up to three web -based training sessions to Client's full-time employees. (iii) Provide project management, including coordination and management activities, issue tracking, and weekly status reporting to Client. (iv) Coordinate Client acceptance testing. (v) Provide configuration guides to the Client offering configuration choices, including IWT's standard commodity code structure. (vi) After initial training is completed, prepare the Solution for go -live. (vii) Provide issue resolution according to the severity levels and response times as outlined in the Agreement. 3. Summary of Client Responsibilities Client agrees to undertake at its sole expense, the following responsibilities: (i) Assignment of an Internal dedicated project manager to manage the Solution and its implementation. (ii) Coordinate internal participation in project related meetings. (iii) Provide materials and facilities for project related activities, including Internet -capable machines for training sessions. (iv) Purchase, install, and validate any third -party software required. (v) Develop and implement test scripts for acceptance of the Solution. (vi) Plan, coordinate, and participate in training sessions and complete all training assignments. (vii) Plan and direct the production deployment (Go -live). 4. Technical Requirements Client will be responsible for procurement, installation, and operational verification of all software, software licenses, equipment, and hardware required to support the Solution in the production deployment. This includes: (i) Web Browsers. Client will be responsible for procurement, installation, and operational verification of all web browser licenses. IWT will provide its minimum browser requirements during the Workshops. (ii) Commodity Code. Client will be responsible for procurement and licensing of any desired proprietary commodity code structure(s). (iii) Network Performance. Client is responsible for maintaining the satisfactory network performance needed to conduct the deployment of the production system. (iv) IWT may modify any of the above hardware and software requirements from time to time, upon ninety (90) days written notice to Client. 5. Project Organization and Operating Procedures (i) Project Organization. Client and IWT agree to assign dedicated staff to perform their respective project activities. (ii) Change Control Process. IWT projects follow a standard change control process. If during the course of a project, a scope change is identified, then the IWT project manager will document the change and associated cost or schedule impacts on a change authorization form. Once documented, the IWT project manager reviews the change with the Client project manager. Scope changes are defined as any modification to the agreed scope of a project, including but not limited to requirements, software modules, configuration changes, project delays and enhancements or modifications to the product. Scope changes can require modification to cost, schedule, quality or other project deliverables and therefore require sign -off from the Client project manager. No work on scope changes will be ton Wave Technologies, Inc. Confidential Master License & Services Agreement Page 9 of 10 Vdi:✓ F'g. /7J� conducted until sign off is obtained. Changes that impact scope require approval from the IWT project manager and the Client project manager. (iii) Acceptance Process. Client will review any Work Product requiring explicit acceptance within five (5) business days of delivery and will document required adjustments. If IWT does not receive notice within the defined five-day period, each Work Product will be considered accepted. Within five (5) days, IWT will provide a revised Work Product that incorporates the agreed adjustments. In the event that Client does not accept the revised Work Product, the parties may agree to repeat this review and acceptance process one additional time. If disputes remain after repeating the acceptance process, the project team will refer these to IWTs and the Client's executive teams for resolution. (iv) Work Location. Unless otherwise specified, Client and IWT will perform all work at their respective locations. 6. Project Investment Project Payment Schedule Payment Item Amount Payment Schedule Mobilization Fee $0 Remitted to IWT upon the start of the project. Go -Live Fee $0 Remitted to IWT upon the preparation of the system for Go -Live following training and configuration. Total Services $0 63II Travel and Administrative Expenses Estimate -0- 1 No travel is expected for this engagement. IN WITNESS WHEREOF, each party hereto has caused this Exhibit to be executed and amended to the Agreement by its duly authorized representative. ICLI= 11-11 1F.VVY, ON •JJ�.:1L=La.AI�/ LiILiL • • • t '1♦t')-i . _ I Printed Name./ <T6 63II Printed ALS , .7 Ion Wave Technologies, Inc. Confidential Master License & Services Agreement Page t0 of 10 Iva.P9- IWT Sourcing SPECIAL PRICING OPTIONS Brazos County, Texas Option 1: 5 Year Agreement IOAVEA1111111111111 technologies Annual SaaS Subscription Year 1 Year 2 Year 3 Year 4 Year 5 Total Brazos County1 Apr -17 1 Oct -"!8 1t=0ct`19 `1 Oct -20 1 Oct=21 7 -Oct -22 "IWT Sourcing $3,750 $15,000 $151250 $15,500 $15,750 $16,000 Contract Management $2,083 $5,000 $5,000 $5,000 $5,000 $5,000 ($2,500) ($2,500) ($2,500) ($2,500) ($2,500) Total (,$5,833 J $17,500 $17,750 $18,000 1 $18,250 $18,500 1 $95,833 Excludes Reverse Auction and Bid Evaluation Scoring Modules SCHULTZ Engineering, LLC Office: 979.764.3900 Fax: 979.764.3910 March 26, 2018 Prarthana Banerji, P.E. County Engineer Brazos County Road & Bridge Dept. 2617 Hwy 21 West Bryan, TX 77803 Re: Public Utility Easement Abandonment - 17506 Saddle Creek Drive, College Station, Texas Dear Ms. Banerji:. On behalf of the landowner we would like to request the abandonment of the 20' Public Utility Easement that bisects Saddle Creek Subdivision Phase 1, Lot 72R, Block 2. All local utilities providers were notified of the proposed abandonment with a letter, survey exhibit of the easement, the easement description and a release form. Attached are the release forms of the utility providers, an easement description, an exhibit showing the location of the easement and a survey of the lot showing that a structure was constructed in the easement. The easement was created by the plat of Saddle Creek Subdivision – Phase 1. When Lot 72 was replated, the lot line moved but the easement remained. If you have any questions, please do not hesitate to call. Sincerely, Schultz Engineering, LLC. Manager/Civil Engineer vol. aZ 7/ pg. P.O. Box 11995 — Co11gd Station, Tezas77842-- ---' schultzeng.com \ \ \ SCALE: 1" = 40' LINE I BEARING I DISTANCE L7 N 49'37'27" W 10.38' L2 S 61'51'12" E 20.03' 1-3 N 27.15'52" W 1 12.57' �J POINT OF BEGINNING 1/2 INCH IRON ROD FOUND LOT 84 BLOCK 2 SADDLE CREEK SUBDIVISION PHASE 7A PLAT, 87561126 3 Vol. 1,40 OAF loo, RO t �OR7t - \ \ \ 20' PUBLIC \ \ \ UTILITY EASEMENT \ 8758/126 \ \ Pct. LOT 72R BLOCK 2 COORDINATES AND BEARING SYSTEM SHOWN HEREON ARE NA083 (TEXAS STATE PLANE CENTRAL ZONE GRID NORTH BASED ON THE PUBLISHED COORDINATES 0 THE CITY OF COLLEGE STATION GEODETIC CONTROL STATION 14ROU5945778027 MON 4 (N:10171032.038, E:3567 36.952) AND AS ESTABLISHED BY GPS OBSER DISTANCES SHOWN HEREON ARE GRID DISTANCES UNLESS OTHERWISE NOTED. TO OBTAIN SURFACE DISTANCES MULTIPLY BY A COMBINED SCALE FACTOR OF 1.00007471045057 (CALCULATED USING GE010128). SEE METES AND BOUNDS PREPARED MARCH 2018, FOR MORE DESCRIPTIVE INFORMATION. SURVEY PLAT OF A PUBLIC UTILITY EASEMENT TO BE ABANDONED LOT 72R. BLOCK 1 SADDLE CREEK SUBDIVISION, PHASE 1 VOLUME 8758, PAGE 126 BRAZOS COUNTY. TEXAS SCALE 1 INCH s 40 FEF j� SURVEY DATE: 02-15-18 A (� PLAT DATE 03-07-18 l.. JOB NUMBER: 18-159 CPD NAME: 18-159 CR5 FILE WADE -GRID (=t); 18-060 (job) PREPARED BY: KERR SURVEYING, LLC ADD N. TIJfAS AVENUE METES AND BOUNDS DESCRIPTION OF A 20' PUBLIC UTILITY EASEMENT SADDLE CREEK SUBDIVISION, PHASE 1 BRAZOSCOUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF AN EXISTING 20.00 FOOT WIDE PUBLIC UTILITY EASEMENT LYING AND BEING SITUATED IN BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF LOT 72R, BLOCK 1, SADDLE CREEK SUBDIVISION, PHASE 1, ACCORDING TO THE PLAT RECORDED IN VOLUME 8758, PAGE 126 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A/2 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF LOT 84, BLOCK 2, SADDLE CREEK SUBDIVISION, PHASE 7A, ACCORDING TO SAID PLAT RECORDED IN VOLUME 8758, PAGE 126, SAID IRON ROD FOUND MARKING AN ANGLE POINT IN THE COMMON LINE OF SAID LOT 72R AND SAID LOT 84; THENCE: N 49° 3727" W ALONG THE COMMON LINE OF SAID LOT 72R AND SAID LOT 84 FOR A DISTANCE OF 10.38 FEET TO THE NORTHWEST LINE OF SAID EASEMENT, FOR REFERENCE A 1/2 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF GUN OAK TRAIL (70' R.O.W.) MARKING THE COMMON CORNER OF SAID LOT 72R AND SAID LOT 84 BEARS: N 490 3727" W FOR A DISTANCE OF 210.37 FEET; THENCE: THROUGH SAID LOT 72R FOR THE FOLLOWING CALLS: N 240 49'26" E FOR A DISTANCE OF 237.68 FEET TO THE SOUTHWEST LINE OF ANOTHER 20.00 FOOT WIDE PUBLIC UTILITY EASEMENT; S 610 51' 12" E ALONG THE SOUTHWEST LINE OF SAID SECOND EASEMENT, 20.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF SADDLE CREEK DRIVE (100' R.O.W.) FOR A DISTANCE OF 20.03 FEET TO THE SOUTHEAST LINE OF SAID FIRST EASEMENT; S 240 49'26" W ALONG THE SOUTHEAST LINE OF SAID FIRST EASEMENT FOR A DISTANCE OF 247.09 FEET TO THE COMMON LINE OF SAID LOT 72R AND SAID LOT 84, FOR REFERENCE A'h INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID LOT 72R BEARS: S 27015' 52" E FOR A DISTANCE OF 149.95 FEET; THENCE: N 27° 15' 52" W ALONG "ITS COMMON LINE OF SAID LOT 72R AND SAID LOT 84 FOR A DISTANCE OF 12.67 FEET TO THEPOINT OF BEGINNING CONTAINING 4823 SQUARE FEET OF LAND, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON NAD83 TEXAS STATE PLANE CENTRAL ZONE GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. DISTANCE SHOWN HEREIN ARE GRID DISTANCES UNLESS OTHERWISE NO . TO OBTAIN SURFACE DISTANCES MULTIPLY BY A COMBINED SCALE FACTOR OF 1.00007471045 57 (CALCULATED USING GEOID 12B). BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4502 UOBS\18-159\18-159.docx Q. _ BRADKERR D.............. Nu, V1, 4502 Vol. 02 -EZ Pg. / %� SCHULTZ Engineering. LLC Offce:979.764.3900 Fax. 979.764.3910 March 19, 2018 Luis Cisneros Atmos Energy 297 N. Earl Rudder Freeway Bryan, Texas 77802 Re: Public Utility Easements Abandonment —17506 Saddle Creek Drive, College Station, Texas; Dear Ms. Cisneros: Attached is a request for Atmos Energy's consent for the abandonment of an existing public utility easement at the above referenced property. If you have any questions, please do not hesitate to call. Very truly yours, Schultz Engineering, LLC P.E. ----7Pg P.O. Box 11995 College Station, Texas 77842 schultzeng.com Request for Abandonment of Public Utility Easements Location: 17506 Saddle Creek Drive, College Station, Texas Block 2, Lot 72R, Saddle Creek Subdivision, Phase 1 The above referenced property has an existing public utility easement located through the lot, as shown on the attached survey. Also shown is a structure built in a portion of the easement. The easement was created on either side of a previous lot line that was removed by Re -Plat. A copy of the Re -Plat is attached. The legal description and a survey plat of the portion of the easement to be abandoned is also attached. The undersigned public utility company, using or entitled to use, the public utility easement sought to be abandoned, does hereby consent to the abandonment of the public utility easements. ATMOS ENERGY By: n Title: Date: SCHULTZ Engineenng, LLC Office: 979.764.3900 Fax: 979.764.3910 March 19, 2018 David Hering Bryan Texas Utilities Bryan, Texas 77802 Re: Public Utility Easements Abandonment -17506 Saddle Creek Drive, College Station, Texas; Dear Mr. Hering: Attached is a request for Bryan Texas Utility's consent for the abandonment of an existing public utility easement at the above referenced property. If you have any questions, please do not hesitate to call. Very truly yours, Schultz Engineering, LLC Joe Sch I , P.E. Manage 01---7 P.O. Box 1 995 •College Station, Texas 77842 schultzeng.com Request for Abandonment of Public Utility Easements Location: 17506 Saddle Creek Drive, College Station, Texas Block 2, Lot 72R, Saddle Creek Subdivision, Phase I The above referenced property has an existing public utility easement located through the lot, as shown on the attached survey. Also shown is a structure built in a portion of the easement. The easement was created on either side of a previous lot line that was removed by Re -Plat. A copy of the Re -Plat is attached. The legal description and a survey plat of the portion of the easement to be abandoned is also attached. The undersigned public utility company, using or entitled to use, the public utility easement sought to be abandoned, does hereby consent to the abandonment of the public utility easements. BRYAN TEXAS UTILITIES By: Title E S a Date: z I s%h s Vol. ,? %/ pg. /42 SCHULTZ Engineering, LLC Office: 979.764.3900 Fax: 979.764.3910 March 19, 2018 William Moseley Frontier Communications Corp. 1700 N. Austin Ave. Georgetown, Texas 78626 Re: Public Utility Easements Abandonment —17506 Saddle Creek Drive, College Station, Texas; Dear Mr. Moseley: Attached is a request for Frontiers consent for the abandonment of an existing public utility easement at the above referenced property. If you have any questions, please do not hesitate to call. Very truly yours, Schultz Engineering, LLC Joe Sch I , P.E. Manager Vol. .Z71 Pg. P.O. Box 11995 • College Station, Texas 77842 schultzeng.com Request for Abandonment of Public Utility Easements Location: 17506 Saddle Creek Drive, College Station, Texas Block 2, Lot 72R, Saddle Creek Subdivision, Phase 1 The above referenced property has an existing public utility easement located through the lot, as shown on the attached survey. Also shown is a structure built in a portion of the easement. The easement was created on either side of a previous lot line that was removed by Re -Plat. A copy of the Re -Plat is attached. The legal description and a survey plat of the portion of the easement to be abandoned is also attached. The undersigned public utility company, using or entitled to use, the public utility easement sought to be abandoned, does hereby consent to the abandonment of the public utility easements. FRONTIER By: Z _ Title: Date:r7�-- Voi, 02%x` Pg. SCHULTZ Engineering LLC Office: 979.764.3900 Fax: 979.764.3910 March 19, 2018 Dan Augsburger Suddenlink Bryan, Texas 77802 Re: Public lttility Easements Abandonment —17506 Saddle Creek Drive, College Station, Texas; Dear Mr. Augsburger: Attached is a request for Suddenlink's consent for the abandonment of an existing public utility easement at the above referenced property. If you have any questions, please do not hesitate to call. Very truly yours, Schultz Engineering, LLC Joe Sch , P.E. Manager Vol.—,7% f 9.— 8 P.O. Box 11995`•College Station,-Texas-77842--� schultzeng.com Request for Abandonment of Public Utility Easements Location: 17506 Saddle Creek Drive, College Station, Texas Block 2, Lot 72R, Saddle Creek Subdivision, PhaseI The above referenced property has an existing public utility easement located through the lot, as shown on the attached survey. Also shown is a structure built in a portion of the easement. The easement was created on either side of a previous lot line that was removed by Re -Plat. A copy of the Re -Plat is attached. The legal description and a survey plat of the portion of the easement to be abandoned is also attached. The undersigned public utility company, using or entitled to use, the public utility easement sought to be abandoned, does hereby consent to the abandonment of the public utility easements. SUDDENLINK Date: Vol. %, %1 Pg. /8�v SCHULTZ Engineering, LLC Office: 979.764.3900 Fax: 979.764.3910 March 19, 2018 Stephen Cast Wellborn Special Utility District 4118 Greens Prairie Rd Wellborn, Texas 77881 Re: Public Utility Easements Abandonment —17506 Saddle Creek Drive, College Station, Texas; Dear Mr. Cast: Attached is a request for Wellborn SUD's consent for the abandonment of an existing public utility easement at the above referenced property. If you have any questions, please do not hesitate to call. Very truly yours, Schultz Engineering, U.0 Vol. P.O. Box 11995 - College Station, Texas 77842 schultzeng.com Request for Abandonment of Public Utility Easements Location: 17506 Saddle Creek Drive, College Station, Texas Block 2, Lot 72R, Saddle Creek Subdivision, Phase 1 The above referenced property has an existing public utility easement located through the lot, as shown on the attached survey. Also shown is a structure built in a portion of the easement. The easement was created on either side of a previous lot line that was removed by Re -Plat. A copy of the Re -Plat is attached. The legal description and a survey plat of the portion of the easement to be abandoned is also attached. The undersigned public utility company, using or entitled to use, the public utility easement sought to be abandoned, does hereby consent to the abandonment of the public utility' easements. WELLBORN SUD M Title Date VCA. 077/ Pg. / �", BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2018-Messina Hof Wine & Roses Half Marathon/5K Event DATE OF COURT MEETING: 4/10/2018 ITEM: Approval of the Messina Hof Wine & Roses Half Marathon and 5K Event scheduled for _ Ap6122, 2018 which will require roadway and lane closures on Old Reliance Road, Carrabba Road and Wallis Road. Area Wide Protective (formerly N -Line) will provide traffic control assistance during this event. Site is located in Precinct 2. TO: Commissioners Court FROM: Karen Tyler DATE: 04/02/2018 FISCAL IMPACT: False BUDGETED: False DOLLARAMOUNT: $0.00 ATTACHMENTS: File Name Description Type 2018 Messina Hof Wine- Letter of Request Backup Material Roses Cover Letter.pdf - 2018 Contingency Plan- Contingency Plan Backup Material Messina Hof Wine -Roses HM-5K.odf 2018 Messina Hof Wine- Traffic Control Plan Backup Material Roses Traffic Control Plan.pdf APPROVED Duane Peters Date County Judge Vol. a7% Pg, / �9 httnc•//hravnc nnvnca aPnrfa rnm/aaenrjaweh/C'.nver.Cheet.asnx9Ttem T 17=17337 a/5n.01 R Sunday, April 5, 2018 Ms. Megan Lott Brazos County Road & Bridge Department RE: 2018 Wine & Roses Half Marathon and 5K Event Dear Ms. Lott: Attached you will the Traffic Control Plan for the 2018 Wine & Roses Half Marathon & 5K event to be held on Sunday, April 22, 2018. This running event will begin and end at the Messina Hof Winery on Old Reliance Road. The attached plan is for review, was prepared by a Licensed Professional Engineer, and takes in to consideration the safety of our event participants and all roadway users. Several lane closures will be necessary, as well as the full closure of Old Reliance Road in front of the winery. I will be working with Area Wide Protective (AWP, formerly N -Line) with the implementation of this traffic control plan on the day of the event. Their personnel are fully experienced and certified in the deployment of temporary traffic control, as per TxDOT Item 7.2.6.5, and if you should need copies of those certifications, I can have them provide that to you. We will work with Brazos Valley Police Services the day of the event to secure the intersections where licensed officers are required as outlined by the traffic control plan. Flaggers will be given a tutorial on proper methods the week before the event and also the day of the event individually when they are dropped off at their specific location. Flaggers will all be required to wear neon, safety vests. Also, as mentioned, this event will require the full closure of Old Reliance Road in front of Messina Hof Winery on the morning of Sunday, April 22. The closure will be from approximately 6am to 11 am, and a full detour plan is included in the attached plan. Race Texas will provide as much public notification as possible prior to the event through the use of the print and social media. The attached plan also calls for the deployment of two (2) Portable Changeable Message Signs on Old Reliance Road at least 72 hours Vol. 112- Pg. / O prior to the event to provide advance notice of the closure for those using this roadway and that live in this area. I hope this satisfies the requirements of Brazos County. I look forward to working with you and receiving any feedback you may have regarding this event. Please contact me if you have any questions. Thank you! Samantha Matush Race Texas Sports Race Director sam@racetx.com 254-760-7443 E ,2 7 / pg. 9/ Temporary Traffic Control Plan 2017 Wine & Roses Half Marathon & 5K 4 (NA� 0./.THON 4IK� t SHE To ROUTE LOCATION RACE START 6 FINISH LINE I OLD RELIANCE RD 21 OLD RELIANCE RD OLD RELIANCE RD ICARRABBARD 5 CARRABBARD CARRABSA RD I STATE HIGHWAY 21 9-p STATE HIGHWAY 21 1 STATE HIGHWAY 2IIWALUS RD I STATE HIGHWAY 21 `\(113-74 WALLISRD 14 WALLIS RD I OLD RELIANCE RD 1 OLD RELIANCE RD t OLD RELIANCE RD IAUSTINS COLONY PKWY 'IIpII`�1 1 AUSTINS COLONY PKWY 20 AUSTINS COLONY PKWY 21 OPTIONAL ROUTE'A'-AUSTINS COLONY PARK 22 SULLINGER CREEK DR I IHONNBERRY OR 22 OPTIONAL ROUTE'' B. -ARCHER CR 24 THORNBERRY DR IAUSTINS ESTATES OR 25• AUSTINS ESTATES OR 26• AUSTINS ESTATES DR/ OLD RELIANCE RD P OLD RELIANCE RD DETOUR ROUTE 20 T00T TRAFFIC CONTROL STANDARD TCP(14F12 • SHEET REVISED 03120I1B w ym,e TRAFFIC TE: OLSETUP EVENT STARTTIME: TRAFFIC CONTROL SETUP TIME: emaaerevam Bryan, Texas April 23,294-7- 22, 2018 SITE LOCATION MAP (NTS) PREPARED BY: DALE L. PICHA, P.E. 1430 GREY OAK DR SAN ANTONIO, TX 78213 PHONE: (210) 668-0627 FIRM REGISTRATION NUMBER F-12490 ; . a• .4 O o i'e. t� tt f `J U t' 4' t t O q y t � N •lam - .. .. 1. SITE LOCATION MAP (NTS) PREPARED BY: DALE L. PICHA, P.E. 1430 GREY OAK DR SAN ANTONIO, TX 78213 PHONE: (210) 668-0627 FIRM REGISTRATION NUMBER F-12490 MATCH LINE "A" MATCH LINEA -V" MATCH LINE 'B" 0 's Temporary Traffic Control Plan: 4o 2017 Wine & Roses Half Marathon & 5K °-, April 23, 2 Vol. pp. c rn U?� pmt TxF cvGr. r> a>, , c fi' M SWply , LN '>.i" PS _ ow AS too JIM Af - Too it W iA. — P Ma Arun P.--, Sol rw N- r 1: 4ZY Mp 2 2 U h - Symbol LegonA i irnnvrmV Sgrr my T"llHrilcn]. m A—Bo Pme .CMS p pm".0U. A wmw E nrno. pram, � VmCe pr¢mn MATCH LINE'O' Dale L. Piaha, P.E. 1430 Groy Oak Dr San M1onlo. T% 78213 Phone'. (210) 668.0627 Firar Registration Number F-12490 7=i O a C N 0 V w o U A N M Ip N N L 0 CL 06 0 CLc a r 0 N 1 inch = 100 feet PAGE 08 of 28 MATCH LINE 'P' MATCH LINER' C) Temporary Traffic Control Plan 2017 Wine &Roses Half Marathon & 5K `�� s 3� osg a April 23 201 ?v _ n' ' Vol. g. MATCH LINE'S' Y � T ffi C) Temporary Traffic Control Plan � 2017 Wine &Roses Half Marathon & 5K o N April 23, 201 N Vol -Pl. _ MATCH LINE "U' x k}Tp D191� i „ n � e � ? v 9� ,Fo3�3gm o � � n 3 MATCH LINE 'T' MATCH LINE 'U* n = Temporary Traffic Control Plan r " U 2017 Wine & Roses Half Marathon C1 i � --a4, t X T I. � �• %% a ti °ry. �' a j •� C s - j',y.• N. t rz ' 1 :r .y`_ A t i � M� y yy yyyy. a... �� - rk Po f � ll• M t _ o TiTr MATCH LINE 'U* n = Temporary Traffic Control Plan r " U 2017 Wine & Roses Half Marathon C1 C o � April 23, 201701 %% a MATCH LINE 'W MATCH LINE V _ j1 eco n = Temporary Traffic Control Plan N� 2017 Wine & Roses Half Marathon & 5K �� ' ?� 3$ 8° moa N April 23, 2017 y Vol. P9. MATCH LINE 'Y' MATCH LINE 'X' s Temporary Traffic Control Pian C) 2017 Wine &Roses Half Marathon & 5Kf SIC, April 23, 2017 o xgy a ti /J) Vol, 12. /_/_.rr..."� 4 Nam b MATCH LINE 'Z" t h P. 1, C, Temporary Traffic Control Plan " 2017 Wine & Roses Half Marathon &5K Y 8 F zv1. -vol. � C, Temporary Traffic Control Plan " 2017 Wine & Roses Half Marathon &5K Y 8 F zv1. -vol. � om- ti N Apriltg W ry' Y 1 CT Dale L. Riche, P.E. 1430 Grey Oak Dr San Antonio,1 X 782.13 Phone, (1.10) 668-0621 Mum Registration Number F-12490 Y LO C 06 M C: a0 M O � CO C r O r U o U N N =M O N N f- fes/) c Q 0 06 O N CL a) F � r` N N 1 inch = 100 feet PAGE 15 of 28 MATCH LINE'A-E' MATCH LINEA -D' MATCH LINEA -F' cn a Temporary Traffic Control Plan o c 2017 Wine & Roses Half Marathon & 5K April 23, 2017 6 Vol, MATCH LINE'Ati MATCH LINEA -f' h1All:Fl LINL Air 'n 's Temporary Traffic Control Plan, 3 '' �a2017 Wine & Roses Half Marathon & 5K FswB oPs yos mxF April 23, 2017 o s� Vol. °a.., w Dale L. Pieha. P.E. 1430 GroY Oak Dr San Antonio, I 78213 Phone: (210) GW062.7 Firm Registration Number F-12490 Y to \ c `d C a r o m y m c o > U "- U M n rn � N h N0 CL 'C Q N 06 o N CL c H 3 n T N V� 1 inch = 100 feet PAGE 18 of 28 MATCH LWE'A-J' WATCH LME'A-0' ma Temporary. Traffic Control Plan & 2017 Wine &Roses Half Marathon 5K '.'6- N April 23,2 7 m doi: Dale 1. Pioha. PE 1430 Oroy Oak Dr San Antonio. TX '18213 Phona:(210) 668.0627 Pirm R Nummbep oration r F42490 Y f \ U) L a ° s Y S ° 1 C U -N U FU = C) N y N L N -- F- N '�. zT a R� o ° F 3 n 0 N t inch = 500 feet PAGE 20 of 28 OPTIONAL ROUTE 'A1 Dale L. Picha, P.E. 11.70 Grey Oak D; San Antonio, TX 78217 Phone: (210) 668-0621 Pine Regmv.tbn Numher F-12490 [Lv U) Z\ C 0 C a s -6 .- m > C o �.- C) o U O N = M N u) N Fi N0 0- c Q • 06 O N L1 C F r T N -�x 1 inch = 100 feet PAGE 21 of 28 Dale L Picha. P.E. 1430 Grey Oak Dr Sun Antonio. TX 76213 Phone :(210)66&0627 Firm Regisbaliar Number F-12490 C06 a 0 oM ca C M 0 U "- _U � � N � N � N 0 N M N 0_ EM 1 inch = 100 feet PAGE 22 of 28 OPTIONAL ROUTES' Dale L. Pleha. P.E. 1430 Grey Oak Or San Antonio, T% 78213 Phone:(210)668{1627 Firm ftogistratlon Numbnr F-12490 r ca to to c a ° s r Q � C: (Q C U = U_ N � N F N cc i 06 O N Q CC_ F 7 n r 0 N T Q N M N .i Q 2 1 inch = 100 feet PAGE 23 of 28 Dale L. Picha, P.E. 1430 Groy Oak Dr Sae MIONo, T% 782.13 Phoee:(210)66B-0627 Firm Rogistradae Nurt,ber F-12490 0, C 05 ty C as o cu 0 U = U_ cu f0 Cl) H N Q 0 0, O N Q C F n 0 N N El 1 inch = 100 feet PAGE 24 of 28 MATCH LINEA -T' MATCH LINEA -5' r v n Temporary Traffic Control Plan 2017 Wine &Roses Half Marathon & 5K yti. oma c=y0o'i m April 23, 2017 Vir4 fig. e R p 1� y{ A c o�x • ar r W .. 1 f e R p y{ A c o�x • ar r W .. 1 f s NIL t '� N yp Y eR c R p y{ A • ar r W .. 1 f ENO e� ROAD ROAR NORK ROAD NO RN .Ar�� cza-2 WORK ANFAD <B' X x4' c.xdx to AH vis s- T See note 11 ENR @ ROAR PORK LEFT czD-^ `� � LANE /-r E qa• zn' cwzd-sTe CLOSED h B w I � fi�tt,, V tQ END NOAD WORK 6zD-z aB' x 34' TCP (1-4a) ONE LANE CLOSED Fsa SMI wORK ROADMOHK Neuvy, thank Venlcle • cz0-2 p<ei:ml. B• x 4e• M � W Y If lope- Sa. nate 11 Sipa .Y- Traffic Plov q TCP (1-4b) at:�1 E [� LANES CLOSED pl IXere lyre ] B—[—.a ar atom [rMrellil ng davl-I may he aWe111uiea is x as• ae nate n♦ 01fee1 xM p,,.e a, ea°.e i rga • ..a.e p1120'° er sp«e f .D. a� x w= 150' 205' 165' 225' I80' 245' Sar 60 35' i0' 160' 90' 120' 35 1.. 60 8�e aO 295' -In Shnncv e.11.1e .,In 155' 40 If Wataa greee1 m 5 ran - Ol c.dr, and fa- an .°dtim0. 11 I'll 45 S a :peed In man. this tight- device .Wclre 1. I"lchped ° YIWov vanmm r,tn 540' :20' 195' ; cw20-siP ,stalling. flash l t'0. I' Ties high Intensity Pw�c-atr ucllm Intanayae 400' 240' 55 aI6alllaf in. o pt' tee ISea net ¢ q L 51 + A �gv toile rya rp, flashing, 500' 255' 60 C E00' x rz0• ="5 all Ian ng or xaaL lista. Ile hate: v ls0' ll..al — v~ tµ ••-a t00' 41W to T00• lis e4o• eh.r 1 .vir n.n a. eD0_1s m 900• 540' • ED Q Is- 's. 1 ^� .i I � fi�tt,, V tQ END NOAD WORK 6zD-z aB' x 34' TCP (1-4a) ONE LANE CLOSED ROAD END SMI wORK ROADMOHK Neuvy, thank Venlcle AHEAD cz0-2 p<ei:ml. B• x 4e• M � W Y If lope- Sa. nate 11 Sipa .Y- Traffic Plov q TCP (1-4b) at:�1 TWO LANES CLOSED pl IXere lyre ] B—[—.a ar atom [rMrellil ng davl-I may he aWe111uiea is x as• ae nate n♦ 01fee1 xM p,,.e a, ea°.e i rga • ..a.e p1120'° er sp«e f .D. race note 11— x w= 150' 205' 165' 225' I80' 245' Sar 60 35' i0' 160' 90' 120' 35 1.. 60 265' 295' -In Shnncv e.11.1e .,In 155' 40 If Wataa greee1 m 5 ran - Ol c.dr, and fa- an .°dtim0. 11 I'll 45 S a :peed In man. this tight- device .Wclre 1. I"lchped 950' t42aha high Intensity 540' :20' 195' ; cw20-siP ,stalling. flash l t'0. front's o 'Iydy Ces". aB' % 4B' Pw�c-atr ucllm Intanayae 400' 240' 55 aI6alllaf in. o pt' tee ISea net ¢ q L 51 + A 660 T45'901 500' 255' 60 E•ws E00' 660' rz0• coo' ls0' ll..al — v~ tµ ••-a t00' 41W to T00• itD' e4o• eh.r 1 .vir n.n a. eD0_1s 900• 540' • ED Q Is- 's. 4� ROAD END SMI wORK ROADMOHK Neuvy, thank Venlcle AHEAD cz0-2 p<ei:ml. B• x 4e• M � Porten le Cil mtpa°Dlo Mav nape $I, PCM 51 If lope- Sa. nate 11 Sipa .Y- Traffic Plov q TCP (1-4b) � TWO LANES CLOSED LEGEND ® Typ° n Barrlcaa° SMI Cnamellzlna Dell... a u Neuvy, thank Venlcle ® Truck MO -tee I to na alI (Teal p<ei:ml. holler 410—,aa Elacn lop Ar rar Bau'a M � Porten le Cil mtpa°Dlo Mav nape $I, PCM 51 Sipa a Traffic Plov q Flvp � rl agger TYPICAL USAGE I. f loxe .11. 10 e1d'a Mere alms m0 PEW IPE D. SMI seafli iE IXiEPUEOI AIE a u XCD IEE etm fwm� ° p<ei:ml. Ef 1M s: ma 1. 'Po/ -0 wall 01.- thanenr e° 'a" he [nw.... Sg sPop 30 fo 100 rm1 In aavownch a at io'ea at a'-eoP'oaura .un a++ O]•aroe nr Taper Emp+m sherry,y hp s, inv Ildcr Iwalace pl IXere lyre ] B—[—.a ar atom [rMrellil ng davl-I may he aWe111uiea is x as• ae nate n♦ 01fee1 xM p,,.e a, ea°.e i rga • ..a.e p1120'° er sp«e f .D. 30 x w= 150' 205' 165' 225' I80' 245' Sar 60 35' i0' 160' 90' 120' 35 1.. 60 265' 295' 320' 240' 155' 40 If Wataa greee1 m 5 ran - Ol c.dr, and fa- an .°dtim0. 11 I'll 45 S a :peed In man. this tight- device .Wclre 1. I"lchped 950' 995' 540' :20' 195' Texos Depurtmea a. Tr,, sptrtatfon cw20-siP front's o 'Iydy Ces". aB' % 4B' Pw�c-atr ucllm Intanayae 400' 240' 55 LANE CLOSURES ON MULTILANE 605 660 T45'901 500' 255' 60 E•ws E00' 660' rz0• coo' ls0' ll..al — v~ tµ ••-a t00' 41W to T00• itD' e4o• eh.r 1 .vir n.n a. eD0_1s 900• 540' TYPICAL USAGE I. f loxe .11. 10 e1d'a Mere alms m0 PEW IPE D. SMI seafli iE IXiEPUEOI AIE LME IEPu XCD IEE M OMW11M•Pr SI AIIflu :EPM si All M•PY St1t10XAPy Ef 1M s: ma 1. 'Po/ -0 wall 01.- thanenr e° 'a" he v ie 11 llty °/ Ina —1, core Is I.e. Inch 1500 fear. I. f loxe .11. 10 e1d'a Mere alms m0 PEW IPE D. S. All ,raffia mural aevlcas Il lua+r°tea ore p UIRED. ertvat +Mx nerored .IIn Ile +dupla syny., any ne valine° .,I are'ea a se•rerc In the anuria• lxnpll—r. an far rwtiln aalntarsda. —1, Men °py0ma Or rya Ef 1M s: ma 1. 'Po/ -0 wall 01.- thanenr e° 'a" he v ie 11 llty °/ Ina —1, core Is I.e. Inch 1500 fear. q. A She— Yetall ellh a IW should re Ueda myths II can Oe polhinne° 30 fo 100 rm1 In aavownch a at io'ea at a'-eoP'oaura .un a++ O]•aroe nr of r.a+Ihe 1ne aer/Mmax:a ar pnitly at +la —I. Ir "are M M lancer Bent 0u+ read w ea -k cmalllma readlie the Imf/Ic dmf ml to read In In Cwl -I.T pl IXere lyre ] B—[—.a ar atom [rMrellil ng davl-I may he aWe111uiea is x as• ae nate n♦ far1 snw°e venture m° lw. s. Acelnonl . va T al ea .Ito "a ear ea ce laza Dn IM paved —fact. -.1 to Its. alw.n In onto, id or a+ vl der — fiscal. TCP ,1-401 6. I1 this IP, 1e ..a far 0 le/t Ime cleave . lirld 111 -1.10 LAPS CLOSEa' al pia m a..a chat mchh.l It ing .11a°e sn°I I ee pl«°a any IM cwt-aE canivum. 1. needed to p-OPon In. .0ek ap.x iron DpWc4q it fts.111 aP• X 4e' ire cer- puhI plane In +M a1°1°1 I— new 11 .M at IM -1.11 +afar. v XA fJ-,P TCP (I-4D MPN x4' X 2 re traffic le directed Over a yellw centerfra, ch -1 lying nevlcec ISea na a S1� MlWte ".111.cn serafee .oy .111. Wner. old ae aaea - topea, x0' v IS' If Wataa greee1 m 5 ran - Ol c.dr, and fa- an .°dtim0. 11 I'll S a :peed In man. this tight- device .Wclre 1. I"lchped rasIn a, dre dr— or ranfllcting n -kind., yethe wire ears ouw. RIGH LOSED Texos Depurtmea a. Tr,, sptrtatfon cw20-siP front's o 'Iydy Ces". aB' % 4B' Pw�c-atr ucllm Intanayae TRAFFIC CONTROL PLAN rya, .ark. e pec lr lc pro t1 ; � LANE CLOSURES ON MULTILANE w lrerene. con a. h'o'se CONVENTIONAL ROADS ora t' lecl h ROAD ina OENEPAL MIES ) _ 1 2 TDP I -4)-12 '1 1 NDRK ANEAD ar vent .. earn °dee , sl me cwxa-ID nee rrng. a Ing. ll..al — v~ tµ ••-a B' but 1 sl I] I.. at. II ��:: eh.r 1 .vir n.n a. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS COUNTY OF BRAZOS Scasta Lane KNOW ALL MEN BY THESE PRESENTS- GRANTOR(S): W. C. SCASTA, JR., JOYCE L. SCASTA, CHARLES CALVIN SCASTA and wife, LEE ANN SCASTA Grantor's Mailing Address: 9125 Box S Ranch Road Bryan, Texas 77808-8839 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.288 of one acre, more or less, being situated in the WILLIAM C. SPARKS SURVEY, Abstract No. 52, Brazos County, Texas and being a part of that certain Called 35.06 acre tract as described in deed from W. C. Scasta, Jr. et ux to Charles Calvin Scasta of record in Volume 10941, Page 16 of the Official Records of Brazos County, Texas, said 0.288 of one acre being more particularly described by metes and bounds description as shown in Exhibit "A attached hereto and made a part hereof for all purposes. Page 1 of 3 Vol. P9. Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this day of Qf7 , 2018. W. C. Scasta, Jr. Charles Calvin Scasta �r- Lee Ann Scasta Page 2 of 3 Eva. Acknowledgment STATE OF TEXA. § COUNTY OF pt -o -z-" § This in was acknowledged before me on 44— 4 by W. C. Scasta, Jr. and Joyce L. Scasta. OARRe" W KOLWES My Commisslan Espins Jury 23, 2018 W � j h Notary Public, State of Texas Acknowledgment STATE OF TEXAS§ COUNTYOF PrA.zos § This instrument was acknowledged before me on �� 6 6 by Charles Calvin Scasta and wife, Lee Ann Scasta. DARRELL W KOLWES My CmnmlcslaR Etpiree July 23, 2818 prhda' lam✓ ' '��-a-+`c.....�-- Notary Public, State of Texas Page 3 of 3 Va pg, S 42.20'22" W - 755.t1- to a 1/2- -- I.R. Find. For South Corner — S 42-n2'84' W 69n OB' 1 JBMHFM ESTATE, LLC CALLED 79.94 Ac. 12563/45 0.288 Ac. I, H. Curtis Strong, Registered Professional Land Surveyor No. 4961, do hereby certify Ihot this plol represents the results of on on the ground survey performed under my supervision during December, 2017, and is true and correct to the best of my knowledge. NOTES: North Orientation is based on rotating the southeast line of 35.06 Acre Tract to Grid North NA083 (CORS 20111 epoch 2010.00, Stale Plane Central Zone. All easements and/or utilities may not be shown on this plat. A 1/2- Iron Rod set at all R.O.W. Corners. CHARLES CALVIN SCASTA CALLED 35.06 Ac. 10941/16 Car. 333.06' to a 1/2- I.R. Fnd. for East Corner 35.05 Ac. EVELYN RUTH FRANCIS a WILLIAM G. FRANCIS, JR. CALLED 70.80 Ac, 11714/114 EXHIBIT"An BRAZOS COUNTY SCASTA LANE 0.288 OF ONE ACRE RICHT-OF-WAY IMPROVEMENTS OUT OF THE CHARLES CALVIN SCASTA CALLED 35.06 ACRES VOLUME 10941, PAGE 16 WILLIAM C SPARKS SURVEY, A - 52 BRAZOS COUNTY, TEXAS SCALE: r = 100r DECEMBER 11, 2017 2 1722 Broadmoor Ste. 105 TRONG Bryan, Texas 77802 g URm Phone: (979) 776 — 9836 V 1�VEYING'' 1 LLC Fax: (979) 731— 0096 FIRM NO. 10093500 Email: curds@strongsurveying.com EXHIBIT "A" SHEET 1 OF 2 BRAZOS COUNTY SCASTA LANE 0.268 OF ONE ACRE RIGHT-OF-WAY IMPROVEMENTS OUT OF THE CHARLES CALVIN SCASTA CALLED 35.06 ACRES VOLUME 10941, PAGE 16 WILLIAM C. SPARKS SURVEY, A — 54 BRAZOS COUNTY, TEXAS DECEMBER 11, 2017 All that certain lot, tract or parcel of land being 0.288 of one acre situated in the WILLIAM C. SPARKS SURVEY, Abstract No. 52, Brazos County, Texas and being a part of that certain Called 35.06 acre tract as described in deed from W.C. Scasta, Jr. Et ux to Charles Calvin Scasta of record in Volume 10941, Page 16, Official Records of Brazos County, Texas, said 0.288 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iron Rod with Cap set in the southeast line of said Called 35.06 acre tract for the most southerly comer, said comer being located in the northwest line of Scasta Lane (Possible Prescriptive R.O.W. — No Deed Found), a 3" Metal Fence Post found for angle point of said Called 35.06 acre tract bears S 42 " 02 ' 04 " W a distance of 374.39 feet, a 1/2" Iron Rod found for the most southerly comer of said Called 35.06 acre tract bears S 42 " 20 '22 " W a distance of 755.11 feet; THENCE N 31 ° 31 '06 " E, a distance of 222.67 feet to a 112" Iron Rod with Cap set for angle point; THENCE N 41 " 56 '04" E, a distance of 99.00 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE N 53 " 12 ' 13 " E, a distance of 203.93 feet to a 1/2" Iron Rod with Cap set for the most northerly comer, said comer being located in the southeast line of said Called 35.06 acre tract, said corner also being located in the northwest line of said Scasta Lane, a 1/2" Iron Rod found for the most easterly comer of said Called 35.06 acre tract bears N 41 " 39'47 " E a distance of 333.06 feet; THENCE S 41 ° 39'47 " W, along the southeast line of said Called 35.06 acre tract a distance of 202.31 feet to a Fence Comer Post found for angle point; THENCE S 42 " 02'04 " W, continuing along the southeast line of said Called 35.06 acre tract a distance of 315.69 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.288 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground on December 11, 2017 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the southeast line of said 35.06 acre tract to Grid North NAD83 (CORS 2011) State Plane Central other information see accompanying plat. 4961 Vol. _ 7l RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Scasta Lane Project: R2-117 W.O. No.: 33494 Precinct: 2 We the undersigned owner(s), accept payment of $18,627.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 0.288 acre of property located on the above mentioned project. This amount includes land, fencing and a water gap. We also agree to accept payment of $4,070.00 as compensation and full settlement for granting a Temporary Easement in, along, upon and across 0.154 acre of property located on the above mentioned project. This amount includes use of the land for one year and temporary fencing. Total Settlement is in the amount of $22,697.00. W. C. Scasta, Jr. !�- 41, 20/P Charles Calvin Scasta Date: �/- V 20/00 IN =/-4 rrrlw�rommaff Date: o'L�f Lee Ann Scasta Date: `(' rj — '01k NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Temporary Easement THE STATE OF TEXAS COUNTY OF BRAZOS Scasta Lane KNOW ALL MEN BY THESE PRESENTS: GRANTOR(S): W. C. SCASTA, JR, JOYCE L. SCASTA, CHARLES CALVIN SCASTA and wife, LEE ANN SCASTA Grantor's Mailing Address: 9125 Box S. Ranch Road Bryan, Texas 77808-8839 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street, Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.154 of one acre situated in the WILLIAM C. SPARKS, A-52, Brazos County Texas, and being a part of that certain Called 35.06 acre tract as described in deed rom W. C. Scasta, Jr. et ux to Charles Calvin Scasta of record in Volume 10941, Page 16 of the Official Records of Brazos County, Texas, said 0.154 of one acre tract being more particularly described by metes and bounds as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. Page I of Vol. a ZI Pg. 2,U This easement shall be used for construction work space in, along, upon and across said premises described in Exhibit "A" together with the right and privilege at all times of the Grantee herein, its agents, employees and representatives of ingress and egress to and from said premises. This easement shall expire on the I" day of May 2019, or on the date of completion of construction, whichever occurs first. TO HAVE AND TO HOLD unto the said Brazos County, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove, the premises described in said Exhibit "A". When the context requires, singular nouns and pronouns include the plural. Executed this day of , 201 S. W. C. Scasta, Jr. Charles Calvin Scasta `, 0, 5c.'4-� Lee Ann Scasta Acknowledgment STATE OF TEXAS § COUNTY OF A ru.'Y-Qr § / , �/ This instrument was acknowledged before me on 54 ` `t ' by W. C. Scasta, Jr. and Joyce L. Scasta.- - - - -- -- - DARRELL W KOLWES My Commission Expires } July 23, 2018 (�QUL , V � Notary Public, State of Texas Acknowledgment STATE OF TEXAS f? § COUNTY OF P t cos § This instrument was acknowledged before me on by Charles Calvin Scasta and wife, Lee Ann Scasta. OW DARRELL W KOLWES My COnonlsston Expires July 23, 2018 Notary Public, State of Texas Page 2 of 2 Vol. 02- %%— Pg. aZ�� 1722 Broadmoor Ste, 105 TRONG Bryan, Texas 77802 ^ LLC Phone: (979) 776 — 9836 URVEYING, LLC Fax: (979) 731— 0096 FIRM NO. 10093500 Email: curtis@strongsurveying.com n EXHIBIT "A" v/ SHEET 1 OF 2 BRAZOS COUNTY SCASTA LANE 0.154 OF ONE ACRE TEMPORARY RIGHT-OF-WAY EASEMENT OUT OF THE CHARLES CALVIN SCASTA . CALLED 35.06 ACRES VOLUME 10941, PAGE 16 WILLIAM C. SPARKS SURVEY, A — 54 BRAZOS COUNTY, TEXAS DECEMBER 11, 2017 All that certain lot, tractor parcel of land being 0.154 of one acre situated in the WILLIAM C. SPARKS SURVEY, Abstract No. 52, Brazos County, Texas and being a part of that certain Called 35.06 acre tract as described in deed from W.C. Scasta, Jr. Et ux to Charles Calvin Scasta of record in Volume 10941, Page 16, Official Records of Brazos County, Texas, said 0.154 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iron Rod with Cap set in the southeast line of said Called 35.06 acre tract for the most southerly comer, said comer being located in the northwest line of Scasta Lane (Possible Prescriptive R.O.W. — No Deed Found), a 3" Metal Fence Post found for angle point of said Called 35.06 acre tract bears S 42 ° 02 ' 04 " W a distance of 374.39 feet, a 1/2" Iron Rod found for the most southerly comer of said Called 35.06 acre tract bears S 42 ° 20 '22 " W a distance of 755.11 feet; THENCE N 24 ° 36'57" E, a distance of 191.53 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE N 41 " 53' 14" E, a distance of 152.26 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE N 59 ° 10' 19' E, a distance of 191.46 feet to a 1/2" Iron Rod with Cap set for the most northerly comer, said comer being located in the southeast line of said Called 35.06 acre tract, said corner also being located in the northwest line of said Scasta Lane, a 1/2" Iron Rod found for the most easterly comer of said Called 35.06 acre tract bears N 41 " 39' 47 " E a distance of 333.06 feet; THENCE S 53 " 12' 13 " W, a distance of 203.93 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE S 41 ° 56'04 " W, a distance of 99.00 feet to a 1/2" Iron Rod with Cap set for angle point; THENCE S 31 ° 31 '06 'W, a distance of 222.67 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.154 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground on December 11, 2017 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the southeast line of said 35.06 acre tract to Grid North 8 CORS 2011) State Plane Central Zone. For other information see accompanying plat. Val.. —� ® ' �mmu3.Ic�soa,.i 35.06 Acre Traci uyy.T.)Z:7 �� SCI -)i CE�•Y:T•%FJi'7 Zone. All easements and/or Qf•111tE1��1Efi.�t:�p not be shown on this • � Y3:� t «� l� i9 C) � F' I FS•S k�•f�� d•�Y6L•"i!-'>ELIi�"Q•Lfi'� ��isFkakS�E�:IIIYt�� -L•P�E31i�)_YSg� tl� EIl-7G�E�ii3i�3iS.�T7. t»�xk7Fi�0 W -5p% i•Zj04M LgqiiiiiiOW-1j tt�l� t•7♦♦t.`<ILIIY•ZIi IIIIIFLk1�d1t� � 2 ■:k HkYk1i a�.i svr•>ae 111111[1�1111W t.�tll��x.7r-i�lllllll��3c]{t�.tir.T?i**>•, %�tA S 42.20'22' W - 755.11' to a 1/2' I.R. Fnd. For South Corner _ — c a�•ra•na- w aan.ne, 1 JBMHFM ESTATE CALLED 79.94 12563/45 LLC Ac. I, H. Curtis Strong, Registered Professional LOnd Surveyor No. 4961, do hereby certify that this plot represents the results of an on the ground survey performed under my supervision during December, 2017, and is true and correct to the best of my knowledge. 0 NOTES: North Orientation is based on relating the southeast line of 35.06 Acre Traci to Grid North NA003 (CORS 20111 epoch 2010.00, State Plane Central Zone. All easements and/or utilities may not be shown on this plot. A 1/2' Iron Rod set a1 all R.O.W. Cornei CHARLES CALVIN SCASTA CALLED 35.06 Ac. 10941/16 1.16 UT 333.06' to a 1/2- I.R. Fnd. for East Corner 35.06 Ac. EVELYN RUTH FRANCIS a WILLIAM G. FRANCIS, JR. CALLED 70.80 Ac. 11714/114 EXHIBIT"A" BRAZOS COUNTY SCASTA LANE 0.154 OF ONE ACRE TEMPORARY RICHT OFWAY EASEMENT OUT OF THE CHARLES CALVIN SCASTA CALLED 35.06 ACRES VOLUME 10941, PACE 16 WILLIAM C. SPARKS SURVEY, A • 52 BRAZOS COUNTY, TEXAS SCALE; 1" =100' DECEMBER 11, 20V SHEET 2 OF 2 commitment to excellcnce and exceptiopal service in all things as oiie of the manyreasons why General Ramirez is'a'2018 Tribute L'uiicheon'lionoree; Iand ::. A native o£'Houston, Texas,: Brigadier General. Joe Ramirez,graduated'.from Stephen F. Austin. High School in 1975'. He attended l exas'A&M University and joined the Fightin'. Texas Aggie Band in 'the Corps; of. &a Lets; 'and commanded'B 'Company :in the Ban&'his, senior year,'I-Ie received his commission iii -the U S Army fieldArtillery.,froni• Texas A&M in 1979 as'a . Distinguished MilitaryGraduate; and i.: During,his'31 years of military serutce General Ramirez comtrianded,soldiers,around the world from -the platoon aiidcbattery.level up ti battalion,, brigade and divisi8q)evel and also served':in 11 leadersfiip positions in,..various joint and operational'commands:arougd tile`-WorldHe commanded B;Battery, 15' Battalion, 12°' Field Artillery, at Fort Sill OK, BBattery, 2nd'Battalion 4151Field Artillery. ;in'•Bad Kissingen,'Germany,Ahe P Battalion, 41' 'Field Artillery'aCTort Stewart; Georgia, the Is' Cavalry •Division Artillery: at Fort Hood, Texas, and was the Deputy Division Commander for tbe:29., Infantry -Division in the Republic of Korea He wasalso the,Deputy Chief of Staff for'; Unrted6fates Gentral Command during Operations Iraqi Freedom and Enduring Freedom: His mostrecent assignment -was as Deputy Director;'Strategy Blans'and Policy; United States European Coiumandin'Stuttgart, Germany -,,and' J, General. Ramirez bolds a Bachelbr s Degree in:Physical Education from Texas A'&M (1879);'a Master's Degree inManagement from Webster University, St:` Louis,: Missouri (1993); and, a Master's Degree in: Strategic. Studies "from the: United States Army .War College, Carlisle;' Pennsylvania (2000),,and'^. GeneralAinnirez:holds numerous military. awards including.,the Distinguishe&Service Medal, Defense Supenor'Serviee N, edal Legioii of Merit Meritorious Service Medal;,Armed Forces Expeditionary Meda,l;;;Glo'bal=War.6n'Terror Expeditionary Medal; Korean Defense Service Medal, Humanitarian. Service' Medal,. and 'the Parachuiists: Badge. -However, his greatest, contributions are to -.the nonprofit organizations,:that he cherishes.'.FIe.'currently:serves,as.'.a member ofahe Board of Directors of Tlie'Umted Way of Brazos Vallcy, The Salvation Army: of the Brazos` Valley ;`,Ronald'=Mcllonald`'zHouse Chaiities of'Central;,:Texas, TBxas.Lone'Star''. Veterans Association;•:Mission :Readiness^(Retired Generals/Admiraks.Advocating'for Q' utility Education& Physica4Titness.for our'Youth), and the Sam Houston Area Coqucil'of the Boy Scouts He'is alsopn:the planning.committe_e for the Texas;Weekend of Remembrance scheduled for Memorial Day Weekend;in2018;,and' �'rrnasme: General Ramirez 'has -made`a differenceJn the lives. of many: students in University life' and he commues'to make; our:community a better;place to live work.andithrive:with his: dedication to. impadful.nonprofits:'W,eeelebrate Brigadier General�Joe E..Ramirez; jr.as a true insp ration',jn public service He.; represents the best'of :our community, .gtving,generously 4. hisaime. and resources to help mak"e theBrazos Valleyia better plane for all : . xilj�m, ], Andrew _Nelson, 'Mayot of the Cay of Bryan Texas; and t Karl P.:Mooney, Mayor of College - . Station, Texas, an&acting on behalf of our'respective;citycouncil, affirmthatthe.quality of.life in;the Bryan-College`Station community•has been enriched byBrigadier General Joe E. Ramirez, Jr. and he :has. been an. example for others m giving his time is talents arid, his financial, resources, and inrm.muclilwe proclaim this day, A&W231, 2018'as:-; `Bri tidier Ceiio al Jog E. ,Ramirez, Ar Day" CITY OF. AN CITY OF COL 'Gk TATION� AZO$ NT I)oC redrew Nelson'ILtayor ' K l P : non y, ,'yor Duaiie Peters County,Judge (/Oz with civic, nonprofit, commerce and„educational organizations. More. of''aibehind-the-scenes man,'Ron;s quiet and effective style is r4 Zeflected:,throughout mut his, many contributions` in the community in which we live: This commitment is.the reason`we pay:tribute to Ron Schmidt as a 2018 Community, Foundation Tribute Luncheon lionoree; and N: After growing up in Waco,R'on Schmidt servedin the.United States Marine Corpsbefore settling in the Brazos Valley. With'astiong vision for Bryan's growth and, development, Schmidt served on the Bryan DevelopmentFoundation:when there .was no budget,orcitystaff The'Foundation was. led.entirely'by.volumee'rs. He playeda key role:m helpiiig Blinn ;identify ttie.acreage that woui&become.the foundaiion•of its current campus on Villa Mana Road in Bryan; and .; Ron Schmidt was one of the'founders of Keep Brazos B eautiAl and; during his presidency, the, organization was ionored as the Governor s ContmumtyAchievement Award” and by the national organization,KeepA»rericq>13eautiful as the;"BestProgram in the United States and. Wfemad. Schmidt, s passiorrforhelping.the youth -of our 6ity, state and.nation; led him to'a 33-plus;year allegiance;to the:Boy,§ & Girls: Club. He received?the:award,.for: "Service. to Youth". for his dedication, -while serving on,the National Councif'for Boys,& Girls'.Club; and_ _ Ron Schmidt has.notseparated his:business, Texas Commercial. Waste,(TCW), from serving the community. The'business has,.providc&service's for more than 250 homes built;by Habitat for Humanity; without ezpectatioii of recognition,or reward. F'or'rmore<than 15''.years; TCW has partneredwith, Junction 505 to employ individuals with disabilities and extend them an opportunity,io,gain self -'confidence and a4evel ofindependence; and` : Schmidt's'commliment.,to service'.to .our coinmunity also :includes :current and past board: membership for the•Better,Business Bureau, Bryan Civil -Service Commission, 'Brazos Animal -nChrltP.r Rravnc Uallry:MncPnm;nf NaFn ral t-tictnrv...Finciac.Pattiac RPceare.h VnlleviPartne.r.Fhin .-. WfiAwd: Oventhe years,:Ron. Schmidt:has bcemhonored ':With numerous:awards for hiss.ervice—B/CS' Chamber. of Commerce Citizen of thc'Year B/CS:Habitat for HumanityVolunteer award, Boys & Girls Club of, the Brazos Valley Man'and Youth award, the'Masonic Grand Lodge of Texas nj�,�!� CommunityBuilders Award:and=the prestigious Jefferson:Award'in`201 l;,and v///r;aad. Ron and his wife Vickie, have been.married 35:yeamthis year°_Vickie has been next to Ron' every step of the way. The coupleao hs ne:daughter, Robyn, and her husband, Colonel Michael Kennedy. They enjoy spending,time witlitheir two grandchildren; Zoe:and Charlie; and `�//'�7ex�6i. - Ron Schmidt is.a community leader, an ethical business leader, to visiona y,and a truepublic servant. His.time, knowledge, `and resources impact+,our community.. and. ever since he moved to�Bryan;almost foity,years'�ago: His_devotion.to°the betterment. of our citizens, his continual leadership to.commdnity development and nonprofit•growth; and his quiet,.committed way. inspires all The Community Foundation recognizes RomSchmidt,-as one,whose life mission exemplifiesicontmual gtvmg4o others and.makes our community abetter place to live. ao, .I, Andrew. Nelson >Mayor, fthe City of Bryan, Texas, and I; Karl'P.rMooney, Mayor of College Station, -Texas, and:acting on. behalf of our. respective city council, affirrn that the -quality of life in the:Bryan College Station community lois beemenriched.by:Ron Schmidt and;he has been an example for,other's=in giving liis time, His talents,:andhisfnancial resources, and in as much we proclaim this day, April 23rd' 2018.us: "Ron Schmidt Day" CITY OF AND(/� CITY OF COLLE . SyATIONf"LOS G�C iii i fs.� WIL1eII. Uley WVUIU-.UUIIU'.LI1VIr.-IULUrV.i"111UI KUUWIeUgV'. SVl VVU':a5: UIU'UUMYUY UIVII',SUUSL'QULIU1 generosity and:service to; our communit land our state; arid Wf md: Both. native Texans; Judy was"horn in. Ty Station, where,his;parents were both ethic law degree from. Baylor University -and Methodist Uniyersity. Judy attended Tylci graduated;from'.Texas A&M University. education in Texas; and have supported''an and Larry in ,Temple. Larry grew.up'in I f Law degree. at Southern yersity of North. Texas, and ayed.major roles m,higher. ty nonprofits; and 6)%awd. Larrylias.practiced law in:Bryan-College Station'.since: 1980,,where.'his expertise ;in estate. planning- i probate further fueled- an. interest in representing- and serving nonprofit organizations. He was ,among;the community..leaders who co-founded the Brazos .Comrnunity Foundation m200un 3, Latrycurrently serves as general cosal,to the Greater Texas Foundation us .and as Chair of Board of Trtees of: the-Mary:'Rode 's_Gibson..Heniostasis-Thrombo. sis" Foundation which suppoits;research and`treatment for blood;disorders. Larry has been activesin State Bar of Texas-affairslservii Educations Board as welRas the Di of the Texas> State Library and' Governor Rick Perry, and-reappoi record iof'Texas;.works to impro reading needs of Texans with disil M Judy, who shares;barry's commit ,'Board serves the archival and addresses the es; and 3o public service, has ;been'a strong advocate for Texas h`the GreaterTexas Foundation. Dedicatedloenhancing ie:Foundation 'makes, grants'for.scholarships and other rollment-iii and completion of secondary e,dueation,•with': ounter barriers.in pursuing -higher education::Judy.'served as. the Foundation's vlcetpresident of operations from 1987 to 2005,?andas interim `director from 2005-2006. She'remains actively engaged ,as a' member. of ;the board of directors and as a consultant; and The Holts''firm`belief in the value of education.is reflected m their financial support for students in college.. They have personmally funded a number of, scholarships, including .one at'Blinm College.which benefits students frothe.Still Creek'B',oys and,Girls Ranch, and'"have established endowed scholarships at Tyler Jumor'College, Prairie View A&M University and the Baylor University School ofLaw; and Beyond supporting education, Larry,„and Judy. have been actively ,involved community volunteers, including Habitat''for Humanity, the Veterans ,Park, Hospice, the Arts Council,, Voices for Children,andthe Prenatal Clinic. Their corn mitiuent to helping others and improving the qualityof hfe in our community is outstanding,.as-is the quiet; yet;determinedI . y theyhave served others; and Always reluctant to be in thes.potligt t, Judy and Larry. Holt represent the best of our c as they give generously oftheir time, and.resources,to helps make,ourcommunity,, An a better place `for all., We celebrate the, Holts as -community givers, and pay tribute 2018'Community'Foundation;'Fribute Luncheon'honorees. . %Qv X/erom, I, Andrew Nelson,;Mayor of the City of.Bryan, Texas, and I, KarlT., Mooi Station, Texas, and actmg,on behalf of our respective city council, affirm in the Bryan -College_ Station communityhas been?ennched'by Judya ii have been an, example for others m givipg,their time; their talents, and the an&in.as mucfrwe:proclaim:this day, April 23' - 2018'as: CITY OF Y N,; "Judy anrd LarryHolt,Day y,:Mayor of College. abthe quality'of life harry; Holt and'.they financial resources;;. CITY PF COLLEGE TATION ZOS GOiIigT-Y BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2017-2018 BUDGET YEAR NO. 17/18 27.1-27.2 On this the 10th day of April 2018 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 10th day of April 2018 the Court heard and approved a budget amendment for the 2016-2017 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 5 September 2017, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 10th day of April 2018. THE CONIMiSSIONERS COURT OF BRAZOS COUNTY, TEXAS. , E:By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget va. 4, V Pa.�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 -27.1 4/1012018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Associate Jud ekl Departmental Support 51907 General Fund Associate Judge A l Minor Acquisitions 519.07 ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 22600100 60500000 CR E ui ment&TT Enhancement 519.07 0100 22600100 67203000 DR Minor Computer Hardware 519.07 Associate Jud eNl Reallocation of funds to the appropriate account to purchase software and equipment for the Paperless Project. Budget Amendment FY 17118 342 allocated the wrong amount to the wrong account. 0 mn 4/4/2018] Va. „2. 7/ pg. v 1v''.. _ ate:_ FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 22600100 60500000 CR E ui ment&TT Enhancement 519.07 0100 22600100 67203000 DR Minor Computer Hardware 519.07 Va. „2. 7/ pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 1711 B - 27.2 4/1012018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Non -Departmental Minor Acquisitions 903.64 General Fund Fleet Maintenance FUND Minor Acquisitions 903.64 ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 67286000 CR Equipment - Other 903.64 0100 11100000 67203000 DR Minor Computer Hardware 903.64 Commissioners' Court and Flect Maintenance Reallocation of funds to the appropnate account to purchwe a scanner, nnmi 4/4/2018) s-- . _... _1. ' y�7 . FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 67286000 CR Equipment - Other 903.64 0100 11100000 67203000 DR Minor Computer Hardware 903.64 Vo+r . 7l P97 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner! Court Date: April 10, 2018 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Juvenile Services — Detention Williams, Tonittiah O. Separation Sheriffs Office— Detention Jackson, Belinda Stuart, Kevin Turner, Joshua L. Vasquez, Jonathan A. Approved in Commissioners' Court: Aril 10 2018 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Val: Change of Status Change of Status Employment Separation