BCRUA_R-13-06-19-7DRESOLUTION NO. R-13-06-19-7D
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. (BCRUA) desires to enter into
an Engagement Letter with Knolle, Holcomb, Kothmann & Callahan in regard to potential claims that
the BCRUA may have related to the design and/or construction of the Brushy Creek Regional Water
Treatment Plant -Phase 1, Now Therefore
BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY,
That the Board President is hereby authorized and directed to execute on behalf of the BCRUA
an Engagement Letter with Knolle, Holcomb, Kothmann & Callahan, a copy of same being attached
hereto as Exhibit "A" and incorporated herein for all purposes.
The Board 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 19th day of June, 2013.
C TOP R FIELDER, President
Brushy Creek Regional Utility Authority
ATTEST:
Z.\BCRUA'..Board Packets\Packet Documents\1013\06191J\Res seRUA -Engagement Llr w-Knolle, Holcomb, Kothmann Callahan (00276845) DOC/rmc
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KNOLLE, HOLCOMB, KOTHMANN & CALLAHAN
ATTORNEYS AT LAW
LAKEWOOD ON THE PARK
7600 NORTH CAPITAL OF TEXAS HIGHWAY
BUILDING B, SUITE no
AUSTIN, TEXAS 78731
TELEPHONE (512) 476-1121 FACSIMILE (512) 476-1131
WILLIAM M. KNOLLE DON W. KOTHMANN
DONALD W. HOLCOMB 1953-2013
CALLEY D. CALLAHAN
ANN S. TAYLOR SENDER'S EMAIL ADDRESS:
ROB D. HOLCOMB dwh@khkclaw.com
June 13,2013
Mr. Chris Fielder
President
Brushy Creek Regional Utility Authority
221 East Main Avenue
Round Rock, Texas 78664
Re: Brushy Creek Regional Water Treatment Plant -Phase 1A Project
Dear Mr. Fielder:
This letter will confirm the understanding and agreement concerning this Firm's
representation of the Brushy Creek Regional Utility Authority ("BCRUA") in regard to
potential claims ("Claims") that the BCRUA may have related to the design and/or
construction of the Brushy Creek Regional Water Treatment Plant -Phase 1A Project (the
"Project"). This engagement letter is intended to apply only to preliminary services to be
provided by this Firm to investigate possible Claims related to the Project.
This Firm agrees to represent BCRUA in investigating the Claims in consideration
for the payment of this Firm's fees at rates as set forth herein, and the payment of all
expenses incurred in such representation. 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 $340.00 per hour or fraction thereof
William M. Knolle $325.00 per hour or fraction thereof
Calley D. Callahan $280.00 per hour or fraction thereof
Ann S. Taylor $250.00 per hour or fraction thereof
Rob D. Holcomb $190.00 per hour or fraction thereof
Mr. Chris Fielder
Brushy Creek Regional Utility Authority
May 31, 2013
Page 2
Legal Assistants will be billed at the rate of $1 00.00 per hour or fraction thereof. This Firm
shall perform all reasonable and necessary work on behalf of the BCRUA related to its
investigation of the Claims. 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 nd day of the month to the 21 st 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 at this Firm's address set forth in the
above letterhead. Invoices not paid within twenty (20) days after receipt will accrue
interest on the outstanding balance at a rate equal to the prime rate of lP Morgan Chase
Bank-Austin, plus two percent (2%), not to exceed a total of fifteen percent (15%) per
annum or the maximum lawful rate, whichever is lower. In case of any non-payment, this
Firm reserves the right to (i) withdraw from this Firm's representation of the BCRUA, or
(ii) terminate further activity on behalf of the BCRUA, 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. The BCRUA will
be solely responsible for and directly pay certain other costs such as experts' fees,
mediation fees, deposition costs and outside vendors' charges. This Firm reserves the right
to require advance payment of some expenses.
The terms of this engagement will be governed by Texas law. The BCRUA and
this Firm are free to terminate the engagement at any time. If the engagement is
terminated, BCRUA 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
BCRUA without obtaining the prior approval and authorization from the BCRUA.
B
Mr. Chris Fielder
Brushy Creek Regional Utility Authority
May 31, 2013
Page 3
Your acknowledgment and agreement to the foregoing shall be manifested by your
signature below. By signing below, you represent that you have the authority to bind the
BCRUA to the terms and conditions set forth herein.
Very sincerely,
KNOLLE, HOLCOME, KOTHMANN & CALLAHAN
Donald W. Holcomb
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Approved:
REGIONAL UTILITY AUTHORITY
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