BCRUA_R-22-04-27-6B RESOLUTION NO. R-22-04-27-613
WHEREAS, the Brushy Creek Regional Authority ("BCRUA") has previously entered
into a "Brushy Creek Regional Authority Agreement for BCRUA Phase 2 Raw Water Delivery
System - Tree Clearing Services with Whittaker Lane Contracting, LLC" ("Agreement"); and
WHEREAS, BCRUA and Whittaker Lane Contracting, LLC desire to modify the scope
of services and to add an additional $4,000,00 in costs, increasing the not-to-exceed amount in
the Agreement from $49,999.99 to $53,999.99; and
WHEREAS, the BCRUA desires to enter into said Supplemental Agreement No. 1 with
Whittaker Lane Contracting, LLC, Now Therefore
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY
CREEK REGIONAL UTILITY AUTHORITY:
That the Board President is hereby authorized and directed to execute on behalf of the
BCRUA Supplemental Agreement No. 1 to "Brushy Creek Regional Authority Agreement for
BCRUA Phase 2 Raw Water Delivery System - Tree Clearing Services with Whittaker Lane
Contracting, LLC," a copy of same being attached hereto as Exhibit "A" and incorporated herein
for a]I purposes.
The Board of Directors hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted upon, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 27th day of April, 2022.
0330 4634.A,4874-84274973
NA'COLE THOMPS N, President
Brushy Creek Regional Utility Authority
ATTEST:
RE E FLOREStS4ecrery
SUPPLEMENTAL AGREEMENT NO. 1
TO "BRUSHY CREEK REGIONAL AUTHORITY AGREEMENT
FOR BCRUA PHASE 2 RAW WATER DELIVERY SYSTEM--
TREE CLEARING SERVICES
WITH
WHITTAKER LANE CONTRACTING. LLC"
THIS SUPPLEMENTAL AGREEMENT NO. I to "Brushy Creek Regional Utility
Authority Agreement for BCRUA Phase 2 Raw Water Delivery System— Tree Clearing Services
with Whittaker Lane Contracting, LLC," hereinafter called "Supplemental Agreement No. I," is
made by and between the BRUSHY CREEK REGIONAL AUTHORITY (hereinafter referred to
as "BCRUA"), located at 221 East Main Street, Round Rock, Texas 78664 and "WHITTAKER
LANE CONTRACTING, LLC (hereinafter referred to as "Services Provider"), whose offices are
located at 102 Summer Glen, Boerne,Texas 78006.
WHEREAS, BCRUA and Services Provider previously executed the referenced
agreement for "BCRUA Phase 2 Raw Water Delivery System Tree Clearing Services,"
hereinafter called the "Agreement," on February 7, 2022; and
WHEREAS, BCRUA and Services Provider desire to modify the Scope of Services as
set forth herein; and
WHEREAS, as a result in the modification of the Scope of Services, BCRUA desires to
add an additional $4,000.00 in costs, increasing the not-to-exceed amount in the Agreement from
$49,999.99 to $53,999.99 as set forth herein;
NOW THEREFORE, in consideration of the mutual promises and obligations in the
Agreement and this Supplemental Agreement No. 1, BCRUA and Services Provider agree that
said Agreement is amended and supplemented as follows:
I.
Section 2.0, Contract Documents and Exhibits, shall be amended as follows:
"The intent of these documents is to formulate an Agreement listing the responsibilities
of both parties. The services which are the subject of this Agreement are described in Exhibit
"A" and the Addendum to Exhibit "A," attached hereto and incorporated herein by reference for
all purposes ("Scope of Work"), and together with this Agreement, comprise the total Agreement
and they are fully a part of this Agreement as if repeated herein in full."
4879-4451-25301ss2
II.
Section 3.0, Scope of Services, shall be amended as follows:
"Services Provider shall not undertake work that is beyond the Scope of work set forth in
Exhibit"A" and the Addendum to Exhibit "A."
III.
Section 4.0, Contract Amount, shall be amended as follows:
"In consideration for the work to be performed by the Services Provider, BCRUA agrees
to pay Services Provider an amount not to exceed Fifty-Three Thousand Nine Hundred
Ninety-Nine and 991100 Dollars (53,999.99) for the term of this Agreement. This amount
represents the total liability to Services Provider hereunder unless same shall be changed by
Supplement to this Agreement.
IV.
This Supplemental Agreement No. I shall amend the original Agreement only as set forth
herein with no other changes in terms or conditions of the original Agreement.
IN WITNESS WHEREOF, BCRUA and Services Provider have executed this Supplemental
Agreement No. 1 to be effective as of the last date of due execution by both parties.
[Signatures on the following page.]
2
WHITTAKER LANE CONTRACTING, LLC
By:
Printed Name:
Title:
Date Signed:
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Na'Cole Thompson, BCRUA President
Date Signed:
ATTEST:
By: _
Rene Flores, BCRUA Secretary
APPROVED AS TO FORM:
By:
Stephan L. Sheets, BCRUA Attorney
3
Addendum to Exhibit "A"
WH ITTA KER fANf
www.W hittaker.Lane.com
102 Summer Glen Virginia Quinn
Boerne, TX 78006 832-722-2082
Ginny Whittaker-Lane.com
Change Order Request
Name Prosed Role Phone Number Email
Virginia Quinn Managing Member 832-722-2028 GinnylEWhittaker-Lane.com
Prosect Title Request Date
BCRUA Phase 2 Raw Water Delivery System- 3/1/2022
Brushy Creek Regional Utility Authority Tree
Clearing
Proposed Change Order:
Remobilization to the Maintenance Building{MB)and Access Drive Right-of-Way Site Clearing
Address: 16621 Jackson St.,Volente,TX 78641.An additional remobilization to the site is required due
to a delay in obtaining the permits to begin work.
Proposed Change Order Cost:
Change Order No. 1 Amount: $4,000.00
Whittaker Lane Contracting, LLC
Virginia Quinn
Managing Member `
Signature: `'-z^"— Date: Y T I
ECRU Representative
S.JARED NIERMANN,P.E.
Project Manager
Approval Signature: Date:
1IPage
ORIGINAL EXECUTED DOCUMENT
TO FOLLOW. . .
SUPPLEMENTAL AGREEMENT NO. I
TO "BRUSHY CREEK REGIONAL AUTHORITY AGREEMENT
FOR BCRL:A PHASE 2 RAW WATER DELIVERY SYSTEM
TREE CLEARING SERVICES
WITH
WHITTAKER LANE CONTRACTING. LLC"
THIS SUPPLEMENTAL AGREEMENT NO. I to "Brushy Creek Regional Utility
Authority Agreement for BCRUA Phase 2 Raw Water Delivery System — Tree Clearing Services
with Whittaker Lane Contracting, LLC," hereinafter called "Supplemental Agreement No. I." is
made by and between the BRUSHY CREEK REGIONAL AUTHORITY (hereinafter referred to
as "BCRUA"), located at 221 East Main Street, Round Rock, Texas 78664 and "WHITTAKER
LANE CONTRACTING, LLC (hereinafter referred to as "Services Provider"), whose offices are
located at 102 Summer Glen, Boerne, Texas 78006.
WHEREAS, BCRUA and Services Provider previously executed the referenced
agreement for "BCRUA Phase 2 Raw Water Delivery System Tree Clearing Services,"
hereinafter called the "Agreement,"on February 7, 2022; and
WHEREAS, BCRUA and Services Provider desire to modify the Scope of Services as
set forth herein; and
WHEREAS, as a result in the modification of the Scope of Services, BCRUA desires to
acid an additional $4,000.00 in costs, increasing the not-to-exceed amount in the Agreement from
$49,999.99 to $53,999.99 as set forth herein;
NOW THEREFORE, in consideration of the mutual promises and obligations in the
Agreement and this Supplemental Agreement No. 1, BCRUA and Set-vices Provider agree that
said Agreement is amended and supplemented as follows:
I.
Section 2,0, Contract Documents and Frhrblts, shall be amended as follows:
"The intent of these documents is to formulate an Agreement listing the responsibilities
of both parties. The services which are the subject of this Agreement are described in Exhibit
"A" and the Addendum to Exhibit "A," attached hereto and incorporated herein by reference for
all purposes ("Scope of Work"), and together with this Agreement, comprise the total Agreement
and they are fully a part of this Agreement as if repeated herein in full."
4879-4451-2530/s,,2
11.
Section 3.0, Scope n/Sei-vrce.s. shall be amended as fol lows:
"Services Provider shall not undertake work that is beyond the Scope of work set forth in
Exhibit "A" and the Addendum to Exhibit "A."
III.
Section 4.0, Conowel.4mount_ shall be amended as follows:
"In consideration for the work to be performed by the Services Provider, BCRUA agrees
to pay Services Provider an amount not to exceed Fifty-Three Thousand Nine Hundred
Ninety-Nine and 991100 Dollars (53,999.99) for the term of this Agreement. This amount
represents the total liability to Services Provider hereunder unless same shall be changed by
Supplement to this Agreement.
IV.
"Phis Supplemental Agreement No. I shall amend the original Agreement only as set forth
herein with no other changes in terms or conditions of the original Agreement.
IN WITNESS WHEREOF, BCRUA and Services Provider have executed this Supplemental
Agreement No. I to be effective as of the last date of due execution by both parties.
[Signatures on the following page.]
2
WHITTAKER LANE CONTRACTING, LLC
By: V �
Printed Name:
Title:
Date Signed:
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Na'Cole Thompson, BCRUA President
Date Signed: s �-I j
ATTEST:
By:
Re Flores, BCRU See tary
APPROVED AS TO FORM:
By:
Ste a L. Sheets, BCRUA Attorney
3
Addendum to Exhibit "A"
WH iTTA KER if
• idd
www.Whittaker-Lane.com
102 Summer Glen Virginia Quinn
Boerne,TX 78006 832-722-2082
Ginny@Whittaker-Lane.com
Change Order Request
Name Project Role Phone Number Email
Virginia Quinn Managing Member $32-722-2028 Ginny-@Wliittaker-Lane.corn
Project Title Request Date
BCRUA Phase 2 Raw Water Delivery System- 3/1/2022
Brushy Creek Regional Utility Authority Tree
Clearinggo Jill
---- — — --�—
- r
Proposed Change Order:
Remobilization to the Maintenance Building(M B)and Access Drive Right-of-Way Site Clearing
Address- 16621 Jackson St.,Volente,TX 78641.An additional remobilization to the site is required due
to a delay in obtaining the permits to begin work-
Proposed Change Order Cost:
Change Order No. 1 Amount: 4_000.0
Whittaker Lane Contracting, LLC
Virginia Quinn
Managing Member
Signature: ' ' �'�
8 _ Date:
ECRU Representative
S.JARED NIERMANN, P.E.
Project Manager
Approval Signature: _Date:
1 I •i f:
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
7-7
Complete Nos.i-a and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 it there are no interested parties. CERTIFICATION OF FILING
1 Name of business etft filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2022-876722
Whittaker lane Contracting,LLC
Boerne.TX United States pate q)ed;
31 governmental entity or sate agency that Is a party to rw contract for which tho Srm s 04/21/2022
being filed.
Brushy Creek Regional Utility Authority Date Acknowledged:
3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract,and p Ade a
description of the services,goods,or Omer property to be provided under the contract
000000
Brushy Creek Regional Utility Authority Tree Clearing Services
4 Nature of interest
Name of IntenmW party City,Stato,Country(place of business) (check applicable)
Controls Intermediary
Quinn,Virginia Boerne,TX United States X
5 Check only If there Is NO Interested Party.
6 UNSWORN DECLARATION
My name Is��Y�t�1 CA, U 5 N _ _ and my date of birth Is
My address is
(Str°et) (city) (state) trip code) (country)
I oeclare under penalty of perjury that the foregang ts true and correct.
E>tecuted in � L (� 1 _ County, slate of on theJ6 day of1 1 20-L.
(month) (Yam)
t '
%
nature of authorized agent of contracting business entity
(peclaranp
Forms provided by Texas Ethics Commission www.ethicsstate.tx.us Version V1.1.191b5cdc
CERTIFICATE 4F INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2022-876722
Whittaker Lane Contracting, LLC
Boerne,TX United States Date Filed:
2 Name of governmental entity or state agency that is a parry tot the contract for which the form is 04/21/2022
being filed.
Brushy Creek Regional Utility Authority Date Acknowledged:
04/25/2022
3 Provide tate identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
000000
Brushy Creek Regional Utility Authority Tree Clearing Services
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Quinn,Virginia Boerne,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) untry
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, Stale of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc