CM-2021-193 - 7/2/2021WILLIAM M KNOLLS
DONALD N' HOLCOMB
CALLEY D. CALE WAN
ANN S TAYLOR
ROB D. HOLCOMB
KNOLLS, HOLCOMB, CALLAHAN & TAYLOR
ATTORNEYS AT LA%%
13625 RONALD REAGAN BLVD
BUILDING ONE, SUITE. 100
CEDAR PARK, TEXAS 78613
TF.LEPIIONF (512)476-1121 FACSIMII F (i22) 476-1131
June 25, 2021
Steve Sheets
Sheets & Crossfield, PLLC
309 East Main Street
Round Rock, Texas 78664
RE: Owner: City of Round Rock, Texas
Contractor: DeNucci Constructors, LLC
OF COUNSEL
P ATRICK J SIcGETTIGAN
SENDER'S EMAIL ADDRES'
du11Rkhct1aw.001n
Via email: Steve a,scrrlaw.com
Project: University Blvd. Widening -Project No. 13001.01
Dear Mr. Sheets:
Please let this letter confirm the understanding and agreement concerning this Firm's
representation of the City of Round Rock, Texas (the "City") in regard to certain matters including
the issues that have arisen between the City and DeNucci Constructors, LLC ("DeNucci")
pertaining to the construction of the above -referenced Project ("Project"). This engagement letter
is intended to apply to preliminary services to be provided by this Firm in cooperation with your
firm to review and respond to certain claims being made by DeNucci (the "Claims") related to the
excavation of the embankment immediately to the north of the box culvert being installed on the
Project.
In consideration for the payment of this Firm's fees at the rates set forth herein and the
payment of any expenses incurred in such representation, this Firm agrees to represent the City in
investigating and responding to the Claims. This Firm will not provide services which will exceed
a total compensation payable by the City in excess of $50,000.00, without first obtaining the prior
written approval of the City to provide further services.
At this time, the hourly rates for the attorneys in the Firm who may be working on this
matter are as follows:
Donald W. Holcomb $375.00 per hour or fraction thereof
Rob D. Holcomb $325.00 per hour or fraction thereof
Legal Assistants will be billed at the rate of $125.00 per hour or fraction thereof. The undersigned
will be your principal contact at the Firm. This Firm reserves the right to modify the hourly rates
at the end of each calendar year.
This Firm will maintain records of the services provided and time expended. Time will be
billed on a tenth of an hour basis. The normal billing cycle is monthly from the 22"d day of the
64-202-1-193
month to the 21 s1 day of the following month, and invoices for services and expenses are normally
mailed the first day of the following month. Invoices shall be payable upon receipt. All amounts
shall be payable to this Firm's address set forth in the above letterhead. In case the unlikely event
any of this Firm's invoices are not timely paid, this Firm reserves the right to (i) withdraw from
this Firm's representation of the City, or (ii) terminate further activity on behalf of the City, unless
all past -due accounts are paid in full.
All expenses related to the services provided will be included in the statements as
disbursements incurred. Such expenses may include photocopying, travel costs, filing and
recording fees, long distance telephone calls, certain overtime assistance, special postage and
messenger charges, computerized legal research and other expenses. This Firm reserves the right
to require advance payment of some expenses.
The terms of this engagement will be governed by Texas law. The City and this Firm are
free to terminate the engagement at any time. If the engagement is terminated, the City will remain
responsible for payment of fees and expenses incurred until termination.
This Firm shall not make any offers of compromise or settlement on behalf of the City
without obtaining the prior approval and authorization from the City.
The acknowledgment and agreement by the City Manager to the terms of this letter shall
be manifested by the City Manager's signature below. By signing below, the City Manager
represents that she has the authority to bind the City to the terms and conditions set forth herein.
This Firm will work closely with your Firm regarding any services provided and will
provide to you, in advance, for your review and approval, any correspondence sent by this Firm to
attorneys for DeNucci or any other party. It is this Firm's understanding, that this Firm's invoices
should be submitted directly to you for review and approval.
Thank you and the City for the opportunity to represent the City in this matter.
Very sincerely,
KNO LE, HOLCOM , CALLAHAN & TAYLOR
W.
Donald W. Holcomb
Approved:
THE CITY OF ROUND ROCK, TEXAS
By:
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}-.City�Man=ger
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an engagement letter with Knolle, Holcomb, Callahan &
Taylor for legal services regarding the University Boulevard Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/2/2021
Dept Director: Steve Sheets, City Attorney
Cost: $50,000.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: Contract-00475436.PDF
Department: City Attorney's Office
Text of Legislative File CM-2021-193
Engagement letter with Knolle, Holcomb, Callahan & Taylor for legal services regarding the University
Boulevard Project, and a dispute with DeNucci Construction regarding a request for Change Order.
Cost: Up to $50,000
Source of Funds: RR Transportation and Economic Development Corporation (Type B)
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