BCRUA_R-18-02-28-7B RESOLUTION NO. R-18-02-- 4'-7B
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") previously
entered into an engagement letter with Knolle, Holcomb, Callahan & Taylor for legal services in
regard to certain issues that the BCRUA may have with respect to the design and/or construction of the
Brushy Creek Regional Water Treatment Plant—Phase l Project("Project"); and
WHEREAS, Knolle, Holcomb, Callahan & Taylor has submitted a supplemental engagement
in regard to certain issues that the BCRUA may have related to the design and/or construction of the
Project and litigation, to wit: Pepper-Lawson Construction, LP, v. March Construction, Inc., et al.; and
WHEREAS, the BCRUA desires to enter into said supplemental 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 supplemental engagement letter with Knolle, Holcomb, Callahan & Taylor, 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 24th day of February, 20
LEFFINGWELL, President
Brushy Creek Regional Utility Authority
ATTEST:
-§tEPRY4 THOMAS, Secretary
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KNOLLE,HOLCOMB, CALLAHAN& TAYLOR
ATTORNEYS AT LAR
13625 RONALD REAGAN BLVD
BUILDING ONE SUITE 100
CEDAR PARK TEXAS 76613
TELEPHONE(512)476-1131 FACSIMILE(5I2)476-1131
WILLIAM NJ.KNOLLE OF COUNSEL
DONALD W HOLCOMB PATRICK McGE:TrIGAN
CALLEY D CALLAHAN
ANN S.TAYLOR SENDER S EMAIL ADDRESS
ROB D.HOLCOMB dwh a khulaw,com
February 21, 2018
Mr. Frank Leffingwell
President of the Board of Directors
Brushy Creek Regional Utility Authority
221 East Main Avenue
Round Rock, Texas 78664
Re: Brushy Creek Regional Water Treatment Plant—Phase 1 A
BCRUA Treated Water Transmission Line Segment 1
Revised Fee Agreement
Litigation: Cause No. 15-0033-C277; Pepper-Lativson Construction, LP v.
March Construction, Inc., et. al. In the 2771h Judicial District
Court of Williamson County,Texas.
Dear Mr. Leffingwell:
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 PIant — Phase IA Project
("Plant Project") and the above-referenced litigation (the "Lawsuit").
This Firm agrees to represent BCRUA in investigating and resolving the Issues and
in the Lawsuit 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 $350.00 per hour or fraction thereof
William M. Knolle $325.00 per hour or fraction thereof
Calley D. Callahan $300.00 per hour or fraction thereof
Ann S. Taylor $300.00 per hour or fraction thereof
Rob D. Holcomb $300.00 per hour or fraction thereof
Patrick McGettigan $300.00 per hour or fraction thereof
�� 99
Brushy Creek Regional Utility Authority
February 27,2018
Page 2
Legal Assistants will be billed at the rate of$125.00 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 and the Lawsuit. 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.
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 22nd day of the month
to the 2151 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 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 tlse statements as
disbursements incurred. Such expenses may include expert fees, 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 experts and
consultants to assist in the performance of the services to be provided and to provide
testimony in the Lawsuit. The fees to be paid to experts and consultants to serve as expert
witnesses in the Lawsuit will not exceed $100,000.00, unless approval is received from the
Board of Directors to exceed that amount. This Firm reserves the right to require advance
payment of some expenses including, but not limited to expert and consultants' fees.
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.
Brushy Creek Regional Utility Authority
February 27,2018
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, HOLCOMB, CALLAHAN & TAYLOR
Donald W. Holcomb
DWH/mag
Approved:
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Frank Leffingwell
President of the Board of Directors
ORIGINAL EXECUTED DOCUMENT
TO FOLLOW. ..
KNOLLE,HOLCOMB, CALLAHAN & TAYLOR
ATTORNEYS AT LAW
13625 RONALD REAGAN BLVD
BUILDING ONE,SUITE 100
CEDAR PARK,TEXAS 78613
TELEPI LONE(5 12)476-1121 FACSIMILE(512)476-1131
WILLIAM M KNOLLE OF COUNSEL
DONALD W.IIOLCOMB PATRICK J McGETTIGAN
CALLEY D.CALLAHAN
ANN S.TAYLOR SENDER'S EMAIL ADDRESS
ROB D HOLCOMB dwh(Rkhcllaw.com
February 21, 2018
Mr. Frank Leffingwell
President of the Board of Directors
Brushy Creek Regional Utility Authority
221 East Main Avenue
Round Rock, Texas 78664
Re: Brushy Creek Regional Water Treatment Plant - Phase I
BCRUA Treated Water Transmission Line Segment l
Revised Fee Agreement
Litigation: Cause No. 15-0033-C277; Pepper-Laivson Construction, LP v.
March Construction, Inc., et. al. In the 277i1' Judicial District
Court of Williamson County, Texas.
Dear Mr. Leffingwell:
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 above-referenced litigation (the"Lawsuit").
This Firm agrees to represent BCRUA in investigating and resolving the Issues and
in the Lawsuit 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 $350.00 per hour or fraction thereof
William M. Knolle $325.00 per hour or fraction thereof
Calley D. Callahan $300.00 per hour or fraction thereof
Ann S. Taylor $300.00 per hour or fraction thereof
Rob D. Holcomb $300.00 per hour or fraction thereof
Patrick McGettigan $300.00 per hour or fraction thereof
_9CXfcA e4-02• Zk- ](&
Brushy Creek Regional Utility Authority
February 28,2018
Page 2
Legal Assistants will be billed at the rate of$125.00 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 and the Lawsuit. 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.
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"a day of the month
to the 21" 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 Finn'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 expert fees, 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 experts and
consultants to assist in the performance of the services to be provided and to provide
testimony in the Lawsuit. The fees to be paid to experts and consultants to serve as expert
witnesses in the Lawsuit will not exceed $100,000.00, unless approval is received from the
Board of Directors to exceed that amount. This Firm reserves the right to require advance
payment of some expenses including, but not limited to expert and consultants' fees.
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.
Brushy Creek Regional Utility Authority
February 28,2018
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 terns and conditions set forth herein.
Very sincerely,
KNOLLE, HOLCOMB, CALLAHAN &TAYLOR
Donald W. Holcomb
DWH/mag
Approved:
BRUSHY!C"GIONAL UTILITY AUTHORITY
By:
rank effingwell
President of the Board of Directors
DATE: February 23, 2018
SUBJECT: BCRUA Board Meeting—February 28, 2018
ITEM: 7B. Consider a resolution authorizing the President to execute a Supplemental Engagement
Letter with Knolle, Holcomb,Callahan&Taylor related to the litigation to wit: Pepper-
Lawson Construction, LP, v. March Construction, Inc., eta/.
PRESENTER: Tom Gallier,General Manager
DISCUSSED DURING THE EXECUTIVE SESSION