BCRUA_R-13-08-21-7ARESOLUTION NO. R-13-08-21-7A
WHEREAS, on June 19,2013, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA")
previously entered into an engagement letter with Knolle, Holcomb, Kothmann & Callahan for legal
services related to potential claims that the BCRUA may have with respect to the design and/or
construction of the Brushy Creek Regional Water Treatment Plant -Phase 1 Project; and
WHEREAS, Knolle, Holcomb, Kothmann & Callahan has submitted a revised engagement
letter; and
WHEREAS, the BCRUA desires to enter into said revised engagement letter, 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
a revised 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 21st day of August, 2013.
kATIEST:_ Cr1tM~ ..
ICHELL CANTW ,Secretary
Z:IBCRVAIBoard PacketsIPacket Documenls\20131082113lRes BCRVA -revised engagemenllelter w-Knolle. Holcomb. KOlhmann Callhan (OO280743).DOC
------------------
KNOLLE, HOLCOMB, KOTHMANN & CALLAHAN
ATTORNEYS AT LAW
LAKEWOOD ON THE PARK
7600 NORTH CAPITAL OF TEXAS HIGHWA Y
BUILDING B, SUITE 110
AUSTIN, TEXAS 78731
TELEPHONE (512) 476-1121 FACSIMILE (512) 476-11JI
WILLIAM M. KNOLLE DON W. KOTHMANN
DONALD W. HOLCOMB 1953-2013
CALLEY D. CALLAHAN
ANN S. TAYLOR SENDER'S EMAIL ADDRESS:
ROB D. HOLCOMB d"h@khkdBw.<om
August 19,2013
Mr. Mitch Fuller
President
Brushy Creek Regional Utility Authority
221 East Main Avenue
Round Rock, Texas 78664
Re: Brushy Creek Regional Water Treatment Plant -Phase lA Project
Supplemental Fee Agreement
Dear Mr. Fuller:
This letter will confinn 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 lA Project (the
"Project"). This engagement letter is intended to apply only to preliminary services to be
provided by this Finn to investigate and assist in the resolution of possible Claims related
to the Project.
This Firm agrees to represent BCRUA in investigating and resolving the Claims in
consideration for the payment of this Finn'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 Finn 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. Mitch Fuller
Brushy Creek Regional Utility Authority
August 19,2013
Page 2
Legal Assistants will be billed at the rate of$100.00 per hour or fraction thereof. This Firm
shall perform all reasonable and necessary work on behalf of the BCRDA related to its
investigation and resolution 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 51 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 JP 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 HCRDA, 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 consultant fees, 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 Firm shall be authorized to retain the services of consultants to assist in the
performance of the services to be provided. 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, BCRDA 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
HCRDA without obtaining the prior approval and authorization from the BCRUA.
Mr. Mitch Fuller
Brushy Creek Regional Utility Authority
August 19,2013
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,
KN<f1t.dE~'H~OdV£JIt'c,."O~Tir"H~MANN & CALLAHAN
~W.HOCO
DWWssj
P',.,IDoo_yllllAC............-...--.·I•.4oc:
Approved:
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
.../