BCRUA_R-14-01-15-6BRESOLUTION NO. R-14-01-15-6B
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, on August 21, 2013, the BCRUA entered into a revised engagement letter with
Knolle, Holcomb, Kothmann & Callahan; 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 15th day of January, 2014.
~ident
Brushy Creek Regional Utility Authority
KNOLLE, HOLCOMB, KOTHMANN & CALLAHAN
ATTORNEYS AT I..I\W
LAKEWOOD ON HIE I'ARK
7600 NOlnll CAPITAL OF TEXAS HIGHWAY
DUIU)ING D.sur...: 110
AUSTIN. TEXAS 78731
TELEPIIONE (512) 476-1 121 FACSIMILE (512) 476-1131
WII..L1"~1 M. KNOLLE nON W. KOHII\MNN
l>orMLD W. 1I01.CO~ III 1953-21113
CALLEY D. CAU.AIIAN
ANN S. T,"'I..OR SENDER'S EMAIL ADDRESS:
ItOlI D.•IOI..COMlI dwh(iiJkhkd"Y.rom
December 13,2013
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 IA
BCRUA Treated Water Transmission Line Segment 1
Revised Fee Agreement
Dear Mr. Fuller:
This letter will confirm the understanding and agreement concerning this Firm's
representation of the Brushy Creek Regional Utility Authority ("BCRUA") in regard to
certain issues ("Issues") that the BCRUA may have related to the design and/or
construction of the Brushy Creek Regional Water Treatment Plant -Phase IA Project
("Plant Project") and the construction of the BCRUA Treated Water Transmission Line
Segment 1 (the "Transmission Line Project"). For the purpose of this letter, the Plant
Project and the Transmission Line Project shall be referred to as the "Projects." This
engagement letter is intended to apply only to preliminary services to be provided by this
Firm to investigate and assist in the resolution of possible Issues related to the Projects.
This Firm agrees to represent HCRUA in investigating and resolving the Issues in
consideration for the payment of this Firm's fees at rates as set forth herein, and the
payment of all expenses incuITed in such representation. At this time, the hourly rates for
the attol'J1cys 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 pel' hour or fraction thereof
Calley D. Callahan $280.00 per hour or fraction thereof
Ann S. Taylor $250.00 pel' hour or fraction thereof
Rob D. Holcomb $190.00 per hour or fraction thereof
Mr. Mitch Fuller
Brushy Creek Rcgional Utility Authority
Deccmber 13,2013
I)age 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 and resolution of the Issues. 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 Finn will maintain records of the services provided and time expended.
Services related to each of the Projects will be involved separately. 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 Finn reserves the right to (i)
withdraw from this Firm's representation of the BCRUA, or (ii) tel1ninate 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 fecs, photocopying, travel
costs, filing and recording fees, long distance telephone calls, certuin 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 requirc 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.
Mr. fl.litch Fullcr
Brushy Creck Regional Utility Authority
Deccmbcr 13, 2013
Page 3
Your acknowledgment and agreemenl 10 the foregoing shall be manifested by your
signature below. By signing below, you reprcsenl that you have the authority to bind the
BCRUA to the terms and conditions set forth herein.
Very sincerely,
OTHMANN & CALLAHAN
DWI-l/cjs
P\dou~i1\nn~h, U"l\("oll\~~-I.I.!·I'.ll-IJ("..H.IIct-"tb.:
Approved:
BRUSHY CREEK REGIONAL UTILITY AUTI IORITY
By: -----I--~-----____,___r_--
Mitch Fuller /-/5-J
President