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HomeMy WebLinkAbout2010 COIT Bond pay request 31CITY"O'' CA7MEL JAib1L5 BRAINARD, MAYOR C1'I'Y OF C:AIIi19EL, INDIANA, REDEVELOPMENT AUTHORITY COUNTY OPTION INCOME TAN LEASE RENTAL REVENUE BONDS, SERIES 2009 CONSTRUCTION FUND DRAW REQUISITION NO. 31 Wells Fargo Atm: Scott I- lagwel1 300 N ,Meridian Street 41600 Inclianapolis, ]N 46204 317 - 9771160 via email: scott.hagwell cuvvellsfareo.eorn Date: 10th orAL_ust 2012 RE: City of Cannel Keystone Project Note- Depository Account 2009 The undersigned certifies that: (a) the undersigned is an officer of the City eV Carmel; Indiana; (b) The amounts set forth on Schedule A are requested to be paid from the City of Carmel Keystone Note - Depository Account 2009 (82280100); (c) Each obligation as reflected by the amounts set Ibrth on Schedule A has been properly incurred; is a proper charge against the Keystone Note - Depository Account 2009 and has not been tike basis of any previous withdrawal from the Depository Account; and (d) Supporting information with respect to each payee designated an Schedule A as to the amount owing is attached hereto. COPY OF CARAIEL, INDIANA 13Y: Diana L. Corclray, Clerk- Treasur Authorized Officer DEPARTMENT OF ENCINEP.RIJ\'G ONE CIVIC SQUARE, CARMEL, TN 46032 OFFICE 317.5712441 is „e 31.7,571.2439 f?A1P.t i, crtgineeriug©carineha goy SCI I E1)111.11 A TO CI'T'Y OF (:AI4III.. INDI:\N'A. ItEDE\'ELOI'dIEN'r AUTHORITY CcIJN ry OPTION INCODIE TAY LEASE 14 EN" I)U, REVENIIE. BONDS, SERIES 2009 (()NSrH211CF111N FUND 1',A1'i\IENT I4EQI11SF1'ION NO. 31 111-,t no-12 PAYEES NAME K MAILING ADDRESS Bose McKinney 8: Evans 111 Monument Circle Suite 2700 Indianapolis, IN 46201 Eagle Valley, Inc. 3401 North Raceway Road Indianapolis, IN 46234 Umhmgh Cash Advisors Services, LI.0 8365 Keystone Crossing, Su ilc 3(10 1'O Box 40458 Indianapolis, IN 46240 -0458 CrossRoad Engineers 3417 Sherman Drive (leech Grove, IN 46107 CrossItoad Engineers 3417 Sherman Drive Beech Grove, IN 46107 AMOUNTS RE OUISFI'IONED COST ITEMIZATION $560.50 '589,047.89 5449.31 $7.500.011 519,641.88 'fatal 5117.199.58 , I,6 CIIECRS LISTED IIr:REns"I(I BE NIA LED TO: CrossRoad Enginoers, PC A -I Legal Services in connection with Chesterton Subdivision Drainage hnprovemen Iiagle Valley Dispute Inv. 4546797 Chesterton Si bdiv isioo Drainage Improvements (Constructs 001 Projaa 10 -12 P.O. 827445 Mutual Reservation or Rights A rhilr,:ge Rebate Calculation All Projects Inv. 8129424 2009 Bond Management Service All Projects P.O. 821787, ASA 42 Inv. 412534 (FINAL) Southwest Clay Annexation Fins) brtinage Kemal P.O. 421787, ASA 42 Inv. 412186& 412536 MEMORANDUM TO: Michael McBride, City Engineer FROM: Douglas C. Haney, City Attorn RE: Bose McKinney & Evans Invoice No. 546797 Contract Dispute with Eagle Valley. Inc. DATE: July 6, 2012 Ej ORIGINAL Mike, Attached is Bose McKinney & Evans' Invoice No. 546797 in the amount of 5560.50 regarding the contract dispute with Eagle Valley. Please prepare a purchase order to Bose McKinney & Evans in the amount of S560.50 in payment of this invoice. Please let me know PROMPTLY if you believe that your Department is not responsible for the payment of the attached invoice or if you have any questions regarding this memorandum. Thanks. /eb Attachment tchTn tdTIP< M1■ss 'ci J.tvnrnbonis,Jacnume' bncnKAVnn_ myb, allry ayle 'alley con rin d putt..34b7o7 . duct 6,11I BOSE McKINNEY & EVANS LLP ATTORNEYS AT LAW Invoice 008824 City of Carmel ATTN: Douglas C. Haney One Civic Square Carmel, IN 46032 MAIL REMITTANCES TO: 111 Monument Circle, Suite 2700 Indianapolis, Indiana 46204 (317) 684 -5000 June 12, 2012 Invoice No. 546797 Fed. I.D. 35- 0957980 For Legal Services in Connection With: 07- 05- 12P05 :31RC Matter: 008824 -0149 Contract Dispute with Eagle Valley, Inc. 05/08/12 T. Miller 05/16/12 T. Miller 05/22/12 T. Miller 05/29/12 T. Miller 05/30/12 T. Miller 0.2 59.00 Email from M. Eintrez regarding matter; email to D. Haney and M. McBride regarding confirmation of previous to Eagle Valley. 0.3 88.50 Email from counsel for Eagle Valley regarding matter; email to D. Haney and M. McBride regarding matter and Samilginap Eagle Valley in matter. 0.2 59.00 Email from M. McBride regarding confirmation of eignea Eagle Valley on project. 0.2 59.00 Email to M. Eintrez regarding WNSIEWSIMNiffie payment amount and finalization of reservation of rights agreement in matter. 0.5 147.50 Revisions to Mutual Reservation of Rights related to partial payment; email same to M. Eintrez for final approval in matter. BOSE McKTNNEY & EVANS LIP ATTORNEYS AT LAW 008824 City of Carmel Invoice MAIL REMITTANCES TO: 111 Monument Circle, Suite 2709 Indianapolis, Indiana 46204 (317) 614 -5000 Page 2 June 12, 2012 Invoice No, 546797 05/31/12 T. Miller 0.5 147.50 Email from M. Eintrez regarding matter; additional emails regarding 1 a waiver format for partial payment in matter; email to M. Eintrez regarding required lien waiver. Total for Services $560.50 Total This Invoice. $560.50 * ATTORNEY SUMMARY * ,r * * * * * * * * ,t * * * * * Billed Hours Bill Per Hour Worked Amount T. Miller 295.00 TOTALS 1.90 560.50 1.90 560.50 c 3 co c 0 S V Y H. J. urnunugh It Assoc60105 Cerlltlun Punk Aumintonta, 4P I.3i151H5tn.+ Clny5:n1; ' Snits 390 P0 Pn' .4U,IP t no, iinno1, U; .16:510 n.I5P Pponp 31; ..155.1500 Fu.. 317 .I1;5 1550 wwv..umnaup; l rmn July 20, 2012 Ms. Diana Cordray, Clerk - Treasurer City of Carmel City Hall, One Civic Square Carmel, IN 46032 Re: Quarterly Summary Statements for Carmel Redevelopment Authority COLT Lease Rental Revenue Bonds of 2010 Dear Diana: Attached please find our Cash Advisory Services quarterly summary statement for the period ending Jtmc 30, 2012. The statement is a summary of activity arid investments in the Huntington Bank trust account and Wells Fargo Bank Depository Account, which includes interest earned and expenditures for the quarter. It also includes a summary of investments held in the accounts as of Junc 30, 2012. • In preparing our summary, we have relied on the accuracy and reliability of information provided by the trustee for the bonds, Huntington Bank and the Depository, Wells Fargo Bank. We have not audited, examined or reviewed the information and express no assurance on it. The attached summary statements are intended solely for the information and use of management, and are not intended to be and should not be used by anyone other than management. We have also attached our quarterly fee bill. We appreciate the opportunity to serve you and thank the individuals in your organization for their cooperation. 1f you have any questions, please do not hesitate to call me at 317 -465 -1531. JAM /ceb Enclosures Very truly yours, Umbaugh Cash Advisory Services, LLC Jeffrey A Messer City of Carmel Redevelopment Authority COLT Lease Rental Revenue Bonds of 2010 • Activity and Fund Balance Summary - Unaudited • Account Name: Trust Account: IFor Period Ending: Construction Account Welts Fargo Barth #82280100 June 30, 2012 Date Activity Interest Income' Disbursements Other Withdrawals Other Receipts Balance 03131112 04130112 05)31112 06)30/12 5 176.29 211.16 217.21 27,461.11 2,072.12 1,570.25 $ 5 5 3,691,140.73 2,667,855.91 3,661,994.95 3,660,641.91 Totals $ 604.66 5 31,103.48 5 5 3,660,641.91 interest income is reported on a cash basis and as such does not Include accrued Income on investments. Also, accrued interest paid on securiM1es Of applicable) Is netted out el first interest payment. Security -Face Vaiue - Cost Basis Matiunty Pate YIeId7Rate .We0s Fargo Bank lnstit. MM Account $ 3,660,641.91 $ 3,660,541.91 nta 0.07% Total 5 3,660,641.91 5 3,660,641.91 ._ Note'' This statement Is provided ler yourinlnrma ion only, and is a highlight of the bHiclal trust statement. All information '0 this report was taken from Wells Fargo (lank statements. City of Carmel Redevelopment Authority COIT Lease Rental Revenue Bonds of 2010 Activity and Fund Balance Summary - Unaudited Account Name: Debt Service Reserve Fund Trust Account: Huntington Bank #4082000031 (formerly UMB #135144.3) For Period Ending: June 30, 2012 Face Value Cost Basis Maturity Date Yield /Rate Act v'tty -__ -- Date Interest Income ` 0.0181 Disbursements Other Withdrawals 5 2,572,377.98 Other Recalpts Balance 93131112 04;30112 05/31112 06130112 S 8.94 - 0.58 4,677 40 $ 4,660.60 - - $ - - - $ - - - - - $ 2,572,151.66 2,567,500.00 2,567,500.58 2,572,377,98 Totals $ 4,886.92 $ 4,660.60 5 - 5 - $ 2,572,377.98 1. Interest income is repartee on a cash basis and as such does not include accrued income on investments. Also. accuted interest paid on securities fif applicable) is netted out of first interest payment. Security Face Value Cost Basis Maturity Date Yield /Rate Federated Govt. obligations Fund 5 2,572.377.98 $ 2,572,377.98 rea 0.0181 Total $ 2,572,377.98 5 2,572,377.98 Note This statement is orovidod for your 1 lfonnation only. and is a highlight el the official trust statement. All iMOrmation in this reron was taken from Iltentington Bank statements. H. J. Umbaugh & Associates Certified Public Accountants, LLP 8365 Keystone Crossing, Suite 300 Ms, Diana Cordray, Clerk- Treasurer City of Carmel City Hail Ono Civic Square Carmel, IN 46032 Invoice No, 128424 Date 07/20/2012 Client No, C00600 Indianapolis, IN 46240 -2687 (317) 465-1500 Please Include Invoice No, With Remittance For professional services for Cash Advisory Services rendered in accordance with the Engagement Letter dated August 28, 2D06 2006 COIT Bonds Debt Service Reserve Fund See attached for detail of fees. Carmel Redevelopment Authority C01T 13onds of 2111€1 Cush Advisory Services Quarterly Fee Calculation Detail of 2nd Quarter 2012 INVOICE NO. 129424 12010 C011' Bonds Debi Service Reserve Fund Average Dale Principal Halnnce Fee 4/30/2012 $ 2,567,503 $ 149,77 5/31/2012 2,567,496 14977 6/30/2012 2,567,500 149 77 Tolnl Pce: $ 449.31 Total Fee for Period Ending June 31E2012: S 44931 Jill Newport From: Neville, Katie <kneviHe @carmel.in.gov> Sent: Tuesday, August 07, 2012 10:20 AM To: . jnewport @crossroadengineers.com Subject: 2009 bond invoices Attachments: 2009 bond invoices 080712.pdf; FW: Eagle Valley Chesterton Project (15.0 KB) Morning Jill, I've attached copies of the invoices for this month's 2009 bond disbursement. We've got a settlement payment to Eagle Valley on this disbursement (see email for background info). 1'll need that check sent to: Troy M. Miller Bose McKinney & Evans 111 Monument Circle Suite 700 Indianapolis, IN 46204 Thanks! Kalie Neville Office Administrator City of Cannel Engineering Dept. kneville arycarmel.in.gov 317.571.2432 .yA Please consider the environment before printing this email. Oita 0:o (Each UT)* __ r �t 1 I. �`' A MEL JAMES BItAINARD, MAYOR July 23, 2012 Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 RE: EAGLE VALLEY CHESTERTON PROJECT — MUTUAL RESERVATION OF RIGHTS — PARTIAL PAYMENT Dear Board Members: A 'Mutual Reservation of Rights" (Reservation) to make a payment of $89,047,59 to Eagle Valley's counsel is attached for Board of Public Works approval and signatures. This payment is being made as compensation for work performed by i agleVauey on the Chesterton Drainage Project. Although the dispute over the final payment amount due to Eagle Valley continues, $89,047.89 is the minimum amount that both sides agree remains due as final payment. In order to allow this payment amount while maintaining the City's future legal rights, I am recommending that the Board of Public Works and Safety Presiding Officer and Members sign and execute this Reservation prior to presentation to the 'Eagle Valley Counsel. The attached Reservation and Exhibit "A" is presented to the Board for approval and signature. Sincerely, ichael ' T: ' McBride, P.E. City Engineer Attachment Reservation of Rights document and Exhibit "A" S:\ BPW12 \EAGLEVALLEYCHESTERTON.DOC DEPARTMENT OF ENGINEEIHNG ONE Qvic SQnMZE, CAR,tier., IN 46032 Ormice 317.571244'1 EAfAIL sngirrecriI14 •C vmcl.in_gnr F,Ly 317.571.2439 MUTUAL RESERVATiON OF RIGHTS THIS MUTUAL RESERVATION OF RIGHTS ( "Mutual Reservation ") is entered into this 151h day of June 2012, by and between the • City of Carmel, by and through its Board of Public Works and Safety, One Civic Square, Carmel, Indiana 46032 ( "City ") and Eagle Valley, Inc., 3401 North Raceway Road, Indianapolis, Indiana 46234 ( "Eagle Valley "); both are referred to herein collectively as (the "Parties "), upon the following terms and conditions: I, Recitals 1.1 Prior to August 18, 2010, the City advertised its Notice to Bidders for the Chesterton Subdivision Drainage Improvements, City of Carmel Project 10 -12 (the Project "). 1.2 On August 18, 2010, Eagle Valley, in response to the City's advertised Notice to Bidders submitted its Bidder's Itemized Proposal and Declarations for the Project ( "Bid Proposal "). 1.3 Thereafter, on or about August 24, 2010, Eagle Valley and the City executed the Agreement for Purchase of Goods and Servicesfor the Project (the "Agreement"). 1.4 On or about November 1, 2010, the City and Eagle Valley entered into Change Order No. 1. 1.5 On or about July 20, 2011, the City issued Change Order No. 2. 1.6 To date, the City and Eagle Valley agree that the City has made payments to Eagle Valley totaling ($926,069.57). 1/ On August 19, 2011, the City provided Progress Estimate No. 3 (the "City's Progess Estimate No.3 ") which includes: Earned to Date $1,015,117.46 Previous Payments: $947,584.34 Earnings this Estimate: $67,533.12 Retainage: ($21,514.77) Amount Due Contractor: $89,047.89 1.9 On August 31, 2011, Eagle Valley provided its version of the final invoice titled Progress Estimate No. 3.(the "Eagle Valleys Progress Estimate No. 3 "). Thatversion of the Progress Estimate No. 3 included: Original Contract Amount: $860,59075 Change Order No. 1: $362,998.50 Change Order No. 2: $43,230,18 200762118824 -145 Current Contract Amount: $1,266,819.43 Earned to Date: Previous Payments: Earnings This Estimate: Amount Due Contractor: $1,266,819 43 ($926,069.57) $340,749.88 $340,749.88 1.10 The City rejected Eagle Valley's Progress Estimate No.3. 1.11 The City has approved the Earned to Date amount of $1 ,015,117.46. Based on the City's Progress Estimate No. 3, the City has made Previous Payments to Eagle Valley of $926,067.57, resulting in the Amount Due Contractor of $89,047.89. 1.12 The City has comniunicated its willingness to make payment of the amount of $89,047.89 to. Eagle Valley under this Mutual Reservation for the benefit of both parties and in exchange for a Partial Waiver of'Liens and Claims attached as Exhibit A. 1.13 The Parties disagree as to the total outstanding balance; if any, due and owing from City to Eagle Valley for the Project (the "Dispute'). In order allow payment of $89,047:89 to Eagle Valley, the Parties agree to the terms of this Mutual Reservation as set forth below. 11. Terms NOW, THEREFORE, in consideration of the payment, release and other terms, covenants andconditions hereinafter set forth, The City and Eagle Valley agree as follows: 2.1 Pavmenf by The City to Eagle: The City agrees to pay and Eagle agrees to accept the .sum of $89,047.89 (the "Payment") pursuant to this Mutual Reservation. 2.2 No Admission of Liability 1 Mutual Reservation: It is expressly understood and agreed that the pay"rnent and acceptance of the above- stated Payment is not an admission of liability by any Party hereto, related to the Dispute. The Parties reserve any and all rights, remedies and defenses (whether in contract or in tort or by statute or equity) that they may have against each other in relation to the Project and the Dispute, and Eagle Valley specifically reserves the right to seek compensation above the Payment relating to the Project up to the full amount of the Dispute through litigation and the acceptance of the Payment by Eagle Valley is not an admission that Eagle Valley is not entitled to the full amount under the Dispute orthat the City acknowledges of admits that Eagle Valley is entitled to additional funds above the Payment 2.3 Authority: The undersigned representatives of the Parties hereto state That they are the duly authorized representatives of their respective parties, and as such, have authority to make the statements herein and to execute this Mutual Reservation for and on behalf of the Parties. The Parties further represent that each of them has conducted all investigations they deem appropriate to determine whether to enter into this Mutual 2097621/18821 -149 2 Reservation, and that each party has relied upon no representations of fact or law by any other party hereto or any other entity in deciding to enter into this Mutual Reservation. 2.4 Applicable Law: This Mutual Reservation shall he governed by and interpreted in accordance with the laws of the State of Indiana. 2.5 Differing Dates of Execution: Notwithstanding differing dates of execution hereof, this Mutual Reservation shall be deemed to have been made and entered into on the date specified hereinabove, and except as otherwise provided for herein with respect to effective dates for specific obligations, if any, shall become binding and effective upon that date. 2.6 Affidavit of Final Payment, Waiver of Lien and General Release of Claim: After the Mutual Reservation is fully executed by the Parties, and prior to release of the Payment by the City, in order to induce the Payment, Eagle provides the attached Partial Waiver of Liens and Claims Affidavit to discharge a portion of the claim maintained by Eagle Valley against the City. As documented in Exhibit A. 2.7 Email or Telefax Execution: The Parties agree that the Mutual Reservation may be executed in parts, each of which shall be deemed an original, but all of which together shall represent one Mutual Reservation. The execution of an ernailed, telecopied or facsimiled form of this Mutual Reservation and /or transmission of an executed Mutual Reservation by the above- referenced method of transmission shall be sufficient and constitute a binding Mutual Reservation between the Parties. CITY OF CARMEL, BY AND THROUGH ITS BOARD EAGLE VALLEY, INC. OF PUBLIC WORKS AND SAFETY By: By: _ .1,(22,-------- Printed: Printed: Charles H. Norman Title: Title: President 2697621/8824 -149 3 . .. _. ...... AFFODAMIT AND. WAHVEr-: .0.F. VIEW Final :X Partial State. of in-diana.tbinity.tif:Maticia„SS: Criatie-s[k.fscohlian. being ',.dulyi.sworp .. contracted '.statedhat_ he(s hp:is We; ;President .iof . Eagle Valley. Inc , having with leitsrof Carmel Indiana, . to furnish certain iik-PitPflb! gl4401-10k0..Plae.1.1.5,11qi?"... .CheSteetOnak,ibiliiiigibil Drairaqe Improvements !OAR,O.r:Aitci fril*,t0li_03'12iii:)..fFiI0lEO: project kti-OCklm'a§" lotted in; Flaiiiiltbri..Dbuiitit, Indiana :and 6a. Worri... by of barnel ndrana a•tctOOKheleby.forther state on behalf of the . rioOK eetdri.b- feh.tFod 06ritiadtbr.. . , (raitini"Wabier) t4at:tha 15a lanfe.idtie:fithi Sum of .:Eicinty NiiTe.itlit5iThand ... . ., . ., ,.. the eit\i.filearniel;Llhdiana. iSithe Dbllars '($ 89 ,04.66.) (4E Receipt rcii,Whieh,!iS:hef,ebylakhOWI*011,6f•, (X)', ThefpOrrie'rittotty;P-ii0.rfs:5.6p0pcorrikea.os,itta Atf2ay[1-.;orid!fj'attlWivStiOr00n.01;61tr.,isgry.er.ilO effodtiye upon.recelot.of sudh.pay,frient: (Final 'Waive!) that the final balance.tlue-Irom :S. ignrief sdle:conidaration.for-this. and for Said a:rnOtlit'r. Is the, , Dollars ($._ ); (. 1)?"F.<eceirit•of.Whi0js!hereby LYTtier:PPY1:100(*Orik1109):0's ,apknowIedge,d; I*600.(0.1:1*e_A?%tlq'§06 of has or , 6.611040.1-00‘1*:.(111.8‘ which iS"diveri 16; and f.OT.'Sid:arnaunf. paytenl: and re?eases unto Ibe Owner at said pii•inliSe any the ,ayithieitogfilti01:1 prOpert9:,an!S,I; itapiltiy&tierits: or IAA, furniSbed:by.ih%undei-Signed'therOto,:an4 any claim or right to Pep' op; account pt any work yigiersignesi, for si0pttojpe;,.:aicl within the sc�pe of r.dos .: iribIltWaiiid:'itS1elaifiit' to the balance• flietit shall he interpreted' .as&a• waiver of ,,those Tiii-E, Pfegiddrit . AflidaVit arid Final Waiver 'effectiiie',upon.r.e,ceipt .!:if;scich . . II-tart:)..FZg:. th.upclersigpecl waives and all lien Or .-lakn: bliat'Sgeclei,,.isfy :thei-.66-ri On a.Ut.ot_tht.tif labor or friatefial fo64f-:cEt*s; that no :other ,Raity, ii'erfetit64 or Piateirat- fiirniSheld:th.thA this .aft icjaVit: and waver i dayisief:,te-tinlief§ibnda 9;flye-Obnita-4,Siti and fcipith.o..in'tris‘.:dOt ,dfairPS.;. Eagtp.:Valtpy Inc: By . WITNE8S-MY HAND:AND,10-rAr.tIAL y 'cc:ortifTlisgion' EigiirtsE 513/21117 SEAL, thiS 2611-C. day Of . January:. :20.112 4...,,„1._.,>4,,,,yr$4, In Alt4. / Not-my Ptibli: Digie,Setiitti Kiitt:, Ndtaf,Y- ,plrihtioN'au.ro- RdSigirig:In Fignelricks70;:iunfy, Ineliana EXHIBIT A IN THE MATTER OF EAGLE VALLEY CHESTERTON DRAINAGE PROJECT: BOARD OF PUBLIC WORKS AND SAFETY - CITY OF CARMEL iF % / May rJames Brainard — Presiding Officer Date Mary Ar Burke, Member Date dor `Pre in ]� Lori Watson, Member ATTEST: Date k Treasurer Date Jill Newport From: McBride, Mike T <MMcBride @carmeLin gov> Sent: Monday, August 06 2012 3:26 PM To: Neville, Katie Subject: FW: Eagle Valley Chesterton Project BTW, we are looking for payment ASAP. :-) Michael T. McBride City Engineer City of Carmel, Indiana Original Message From: Miller, Troy [mailtoamiller @boselaw.com] Sent: Monday, August 06, 2012 3:11 PM To: McBride, Mike T Cc: Miller, Troy Subject: RE: Eagle Valley Chesterton Project Mike, Please process payment normally, but have the actual check mailed to me at my offices so that I can mail to counsel for Eagle Valley. Thanks. Troy M. Miller Bose McKinney & Evans LLP I www.boselaw.com 111 Monument Circle j Suite 2700 1 Indianapolis, Indiana 46204 TMiller @boselaw.com 1 P: 317- 684 -5189 1 F: 317 -223- 0189 Assistant Contact 1 Angela K. Conners I AConners @boselaw.com I P: 317 - 684 -5262 I F: 317 -223 -0262 Original Message From: McBride, Mike T [mailto:MMcBride @carmel.in.gov] Sent: Monday, August 06, 2012 12:05 PM To: Miller, Troy Subject: RE: Eagle Valley Chesterton Project The Mutual Reservation of Rights was signed by the BPW on Thursday. We can now process the payment. Should we process the payment through our normal process? Michael T. McBride City Engineer City of Carmel, Indiana Original Message From: Miller, Troy [mailtoamiller @boselaw.com] Sent: Monday, August 06, 2012 11:08 AM To: McBride, Mike T Cc: Miller, Troy Subject: RE: Eagle Valley Chesterton Project Mike, Good morning. Can you update as to the partial payment to Eagle Valley on the Chesterton Drainage Project? Thanks. Troy M. Miller Bose McKinney & Evans LLP 1 www.boselaw.com 111 Monument Circle 1 Suite 2700 1 Indianapolis, Indiana 46204 TMiller @boselaw.com 0189 1 P: 317- 684 -5189 I F: 317 -223- Assistant Contact 1 Angela K. Conners 1 AConners @boselaw.com I P: 317 -684 -5262 I F: 317- 223 -0262 Original Message From: McBride, Mike T [mailto:MMcBride @carmel.in.gov] Sent: Tuesday, July 24, 2012 2:56 PM To: Miller, Troy; Haney, Douglas C Cc: Barnes, David R; Neville, Katie Subject: RE: Eagle Valley Chesterton Project I agree. I'll just have the check delivered to you at your office. Katie - Can you please make note of this? Thanks, Michael T. McBride City Engineer City of Carmel, Indiana Original Message From: Miller, Troy Imailto:tmiller@boselaw.com] Sent: Tuesday, July 24, 2012 2:52 PM To: McBride, Mike T; Haney, Douglas C Cc: Barnes, David R; Neville, Katie; Miller, Troy Subject: RE: Eagle Valley Chesterton Project Mike, I can either pick it up or you can have it mailed to my office. I prefer to have a paper trail from my office to counsel for Eagle valley. Thanks. Troy M. Miller Bose McKinney & Evans LLP I www.boselaw.com 2 111 Monument Circle I Suite 2700 I Indianapolis, Indiana 46204 TMiller @boselaw.com I P: 317- 684 -5189 I F: 317 -223- 0189 Assistant Contact 1 Angela K. Conners 1 AConners @boselaw.com 1 P: 317 - 684 -5262 I F: 317 - 223 -0262 Original Message From: McBride, Mike T [mailto:MMcBride @carmel.in.gov] Sent: Tuesday, July 24, 2012 2:51 PM To: Miller, Troy; Haney, Douglas C Cc: Barnes, David R; Neville, Katie Subject: RE: Eagle Valley Chesterton Project Troy, Should I request that this check be delivered by to my office so that you can pick it up for hand deliver to Eagle Valley Counsel? It could also be delivered to you or to Eagle Valley Counsel directly. What do you think? Michael T. McBride City Engineer City of Carmel, Indiana Original Message From: Miller, Troy [mailto:tmiller @boselaw.comn] Sent: Tuesday, July 24, 2012 2:47 PM To: McBride, Mike T; Haney, Douglas C Cc: Barnes, David R; Neville, Katie; Miller, Troy Subject: RE: Eagle Valley Chesterton Project Mike, Thanks for the update. I look forward to the approval and receipt of the funds. Thanks again. Troy M. Miller Bose McKinney & Evans LLP I www.boselaw.com 111 Monument Circle I Suite 2700 I Indianapolis, Indiana 46204 TMiller @boselaw.com I P: 317- 684 -5189 1 F: 317 -223- 0189 Assistant Contact 1 Angela K. Conners I AConners @boselaw.com I P: 317 - 684 -5262 I F: 317- 223 -0262 Original Message From: McBride, Mike T [ mailto:MMcBricle @carmel.in.gov] Sent: Tuesday, July 24, 2012 2:45 PM To: Miller, Troy; Haney, Douglas C Cc: Barnes, David R; Neville, Katie 3 Subject: RE: Eagle Valley Chesterton Project At this time we expect the agreement to be executed at the Aug. 1st BPW meeting and payment would be processed ASAP following that approval. This Payment is coming from the 2009 COIT Bond; therefore, we should be able to expedite the payment. The bond pay requests are usually submitted by the 10th and are received by the vendors by about the 20th of a given month. Michael T. McBride City Engineer City of Carmel, Indiana Original Message From: Miller, Troy [mailto:tmiller @ boselaw.com] Sent: Tuesday, July 24, 2012 7:44 AM To: Haney, Douglas C; McBride, Mike T Cc: Barnes, David R Subject: RE: Eagle Valley Chesterton Project Gentlemen, Any idea on timing for the execution of the Reservation and issuing the partial payment to Eagle Valley? Thanks for your attention to this matter. Troy M. Miller Bose McKinney & Evans LLP I www.boselaw.com 111 Monument Circle I Suite 2700 I Indianapolis, Indiana 46204 TMiller @boselaw.com 0189 P: 317 - 684 -5189 1 F: 317 -223- Assistant Contact 1 Angela K. Conners I AConners @boselaw.com I P: 317- 684 -5262 I F: 317- 223 -0262 Original Message From: Haney, Douglas C [rnailto:DHaney @carmel.in.gov] Sent: Monday, July 23, 2012 2:45 PM To: McBride, Mike T Cc: Miller, Troy; Barnes, David R Subject: RE: Eagle Valley Chesterton Project PDF is OK, original better. Original Message From: McBride, Mike T Sent: Monday, July 23, 2012 2:44 PM To: McBride, Mike T; Haney, Douglas C Cc: 'Miller, Troy'; Barnes, David R Subject: RE: Eagle Valley Chesterton Project Troy & Doug, Will we need the original signed mutual reservation to take to the board for signature, or is this PDF good enough? 4 Thanks, Michael T. McBride City Engineer City of Carmel, Indiana Original Message From: McBride, Mike T Sent: Monday, July 23, 2012 10:41 AM To: Haney, Douglas C Cc: 'Miller, Troy' Subject: RE: Eagle Valley Chesterton Project Doug, Last I knew you were reviewing the Mutual Reservation of Rights attached and then I believe your office was going to take it to the Board for Approval. I do not believe I've seen it on the Boards agenda for approval as of yet. There is a BPW meeting on Aug 1st. If this document meets your approval, I'll place it in the BPW packet with our agenda items and get the Boards Approval. It does not appear to have our standard BPW approval page. Shall we attach the appropriate signature page? Michael T. McBride City Engineer City of Carmel, Indiana Original Message From: Haney, Douglas C Sent: Thursday, July 19, 2012 2:55 PM To: McBride, Mike T Cc: 'Miller, Troy' Subject: RE: Eagle Valley Chesterton Project Mike: Status, please. Original Message From: Miller, Troy [mailto:tmiller @boselaw.com] Sent: Wednesday, July 18, 2012 12:57 PM To: Haney, Douglas C Cc: McBride, Mike T; Miller, Troy Subject: FW: Eagle Valley Chesterton Project Importance: High Doug and Mike, Have you had a chance to execute the attached Mutual Reservation of Rights and issue partial payment to Eagle Valley? If not, could you execute the Reservation and have the check payable to Eagle Valley in the amount specified below mailed to my offices so that I can attempt to narrow the dispute? Thank you in advance. Troy M. Miller Bose McKinney & Evans LLP I www.boselaw.com 5 111 Monument Circle I Suite 2700 I Indianapolis, Indiana 46204 TMiller @boselaw.com I P: 317 - 684 -5189 I F: 317 -223- 0189 Assistant Contact 1 Angela K. Conners I AConners @boselaw.com I P: 317- 684 -5262 I F: 317 - 223 -0262 Original Message From: Miller, Troy Sent: Tuesday, June 19, 2012 11:42 AM To: Haney, Douglas C Cc: McBride, Mike T; Miller, Troy Subject: RE: Eagle Valley Chesterton Project Doug, Attached is the revised Mutual Reservation of Rights with your requested changes. The attached has been executed by Eagle Valley and Exhibit A attached. Could you please have the attached executed by the City and a PDF copy returned to me as soon as possible. Thereafter, please issue payment in the amount of $89,047.89 to Eagle Valley and have that payment sent to my offices for provision to Eagle Valley. Should you have any questions, please do call or email me. Thank you in advance. Troy M. Miller Bose McKinney & Evans LLP I www.boselaw.corn 111 Monument Circle I Suite 2700 1 Indianapolis, Indiana 46204 TMiller @boselaw.com I P: 317- 684 -5189 I F: 317 -223- 0189 Assistant Contact 1 Angela K. Conners 1 AConners @boselaw.com I P: 317 - 684 -5262 I F: 317- 223 -0262 Original Message From: Haney, Douglas C [mailto:DHaney @carmel.in.gov] Sent: Wednesday, June 13, 2012 10:34 AM To: Miller, Troy; McBride, Mike T Subject: RE: Eagle Valley Chesterton Project Troy: One of the problems with this reservation of rights letter is that there is no "Department of Public Works and Safety" in the City of Carmel. If you want to change that to the "City of Carmel, Indiana, by and through its Board of Public Works and Safety ", that would be nice. A second problem is that there is no "Exhibit A" attached, although this exhibit is referenced in the body of the letter. Once I receive a document that is complete and in proper form, I will have it executed. Original Message From: Miller, Troy [mailto:tmiller @boselaw.com] Sent: Wednesday, June 13, 2012 10:19 AM To: McBride, Mike T 6 Cc: Haney, Douglas C; Miller, Troy Subject: FW: Eagle Valley Chesterton Project Doug and Mike, I am following up on my email from June 4, 2012. I received another call from Eagle Valley's counsel regarding the partial undisputed payment. Could you please execute the attached Reservation of Rights and cut a check to Eagle Valley in the amount of $89,047.89 and forward it to my office. I look forward to receiving these documents. Thanks. Troy M. Miller Bose McKinney & Evans LLP I www.boselaw.com 111 Monument Circle I Suite 2700 I Indianapolis, Indiana 46204 TMiller @boselaw.com 1 P: 317 - 684 -5189 1 F: 317 -223- 0189 Assistant Contact 1 Angela K. Conners I AConners @boselaw.com I P: 317- 684 -5262 I F: 317- 223 -0262 Original Message From: Miller, Troy Sent: Monday, June 04, 2012 3:59 PM To: 'McBride, Mike T' Cc: 'Haney, Douglas C'; Miller, Troy Subject: RE: Eagle Valley Chesterton Project Importance: High Doug and Mike, Attached is the Mutual Reservation of Rights that was approved by Doug last month. The attached has been executed by Eagle Valley. Could you please have the attached executed by the City and a PDF copy returned to me as soon as possible. Thereafter, please issue payment in the amount of $89,047.89 to Eagle Valley and have that payment sent to my offices for provision to Eagle Valley. Should you have any questions, please do call or email me. Thank you in advance. Troy M. Miller Bose McKinney & Evans LLP I www.boselaw.com 111 Monument Circle 1 Suite 2700 1 Indianapolis, Indiana 46204 TMiller @boselaw.com 1 P: 317 - 684 -5189 I F: 317 -223- 0189 Assistant Contact I Angela K. Conners 1 AConners @boselaw.com I P: 317 - 684 -5262 I F: 317 - 223 -0262 Original Message From: McBride, Mike T [mailto:MMcBride @carmel.in.gov] Sent: Tuesday, May 22, 2012 4:00 PM To: Miller, Troy 7 Cc: Haney, Douglas C Subject: FW: Eagle Valley Chesterton Project Troy, It appears as if, to date, we have paid Eagle Valley $926,069.57. Michael T. McBride City Engineer City of Carmel, Indiana Original Message From: Machala, Dave [ mailto :DMachala @structurepoint.com] Sent: Tuesday, May 22, 2012 2:24 PM To: Neville, Katie; McBride, Mike T Subject: RE: Eagle Valley Chesterton Project I agree with Katie's number. I had printed a Pay Estimate 43 with retainage released but that has not been signed and submitted to Carmel. David David Machala RPR, Construction Inspection 7260 Shadeland Station Indianapolis, IN 46256 T 317.547.5580 E dmachala @structurepoint.com F 317.543.0270 W www.structurepoint.com C 317.281.9563 From: Neville, Katie [kneville @carmel.in.govj Sent: Tuesday, May 22, 2012 1:29 PM To: McBride, Mike T; Machala, Dave Subject: RE: Eagle Valley Chesterton Project According to my records, to date Eagle Valley has been paid $926,069.57. Katie Neville Office Administrator City of Carmel Engineering Dept. kneville @carmel.in.gov 317.571.2432 ? Please consider the environment before printing this email. Original Message From: McBride, Mike T Sent: Tuesday, May 22, 2012 1:22 PM To: Neville, Katie; Machala, Dave s Subject: FW: Eagle Valley Chesterton Project Can you guys help me confirm these numbers ASAP? Thanks, Michael T. McBride City Engineer City of Carmel, Indiana Original Message From: Miller, Troy [mailto:tmiller @boselaw.com] Sent: Wednesday, May 16, 2012 8:42 AM To: McBride, Mike T; Haney, Douglas C Cc: Miller, Troy Subject: FW: Eagle Valley Chesterton Project Importance: High Mike and Doug, Good morning. This is urgent. I need confirmation of the amount paid to date to Eagle Valley on the Chesterton Project. I have sent several prior emails and place a few calls to Mike's office. I need this information to complete the reservation of rights agreement previously approved by Doug to make partial payment to Eagle valley in this matter. Please provide me with the total payments made to Eagle Valley for this project as soon as possible. Thank you in advance. Troy M. Miller Bose McKinney & Evans LLP 1 www.boselaw.com 111 Monument Circle I Suite 2700 I Indianapolis, Indiana 46204 TMiller @boselaw.com I P: 317 - 684 -5189 I F: 317 -223 0189 Assistant Contact 1 Angela K. Conners 1 AConners @boselaw.com 113: 317 - 684 -5262 1 F: 317 - 223 -0262 Original Message From: Miller, Troy Sent: Wednesday, April 18, 2012 9:22 AM To: McBride, Mike T (MMcBride @carmel.in.gov) Cc: Miller, Troy Subject: Eagle Valley Chesterton Project Mike, I am sorry to keep bugging you regarding this. However, I need for you to confirm the current amount paid by the City to Eagle Valley on the Chesterton Project. I need that information to move this matter along. Can you get me that information? Thanks in advance. Troy M. Miller Bose McKinney & Evans LLP 1 www.boselaw.com 9 111 Monument Circle 1 Suite 2700 1 Indianapolis, Indiana 46204 TMiller @boselaw.com 1 P: 317 - 684 -5189 I F: 317 -223- 0189 Assistant Contact 1 Angela K. Conners I AConners @boselaw.com I P: 317 - 684 -5262 1 F: 317- 223 -0262 Original Message From: Miller, Troy Sent: Thursday, April 12, 2012 10:44 AM To: McBride, Mike T (MMcBride @carmel.in.gov) Cc: Miller, Troy Subject: FW: PDF File - Microsoft Word - 2097621_1 Mike, Have you had a chance to confirm the actual amount the City has paid to Eagle Valley thus far/ I need to know to gets this moving forward. Thanks in advance. Troy M. Miller Bose McKinney & Evans LLP I www.boselaw.com 111 Monument Circle 1 Suite 2700 1 Indianapolis, Indiana 46204 TMiller @boselaw.com 1 P: 317- 684 -5189 1 F: 317 -223- 0189 Assistant Contact I Angela K. Conners 1 AConners @boselaw.com I P: 317 - 684 -5262 1 F: 317 - 223 -0262 Original Message From: Miller, Troy Sent: Friday, April 06, 2012 9:47 AM To: McBride, Mike T (MMcBride @carmel.in.gov) Cc: Miller, Troy Subject: FW: PDF File - Microsoft Word - 2097621_1 Mike, Can you confirm the actual amount of payment to date to Eagle Valley on the Chesterton Project! Troy M. Miller Bose McKinney & Evans LLP I www.boselaw.com 111 Monument Circle I Suite 2700 I Indianapolis, Indiana 46204 TMiller @boselaw.com 1 P. 317-684-5189 I F: 317 -223- 0189 Assistant Contact 1 Angela K. Conners I AConners @boselaw.com I P: 317 - 684 -5262 1 F: 317- 223 -0262 10 Original Message From: PDF Printer [mailto:helpdesk @boselaw.com] Sent: Friday, April 06, 2012 9:46 AM To: Miller, Troy Subject: PDF File - Microsoft Word - 2097621_1 Attached is the PDF document that you recently printed. Adobe Acrobat Reader is necessary to view this file. 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These services were provided in accordance with our contract #03.03.10.03 approved March 3, 2010 and Additional Services #2: P.O. #21787 Management Units Amount Contract Amount 24.00 180,000.00 Percent Complete 100.00 Total 24.00 180, 000.00 Billed Current Billed Total Th. ou! Ch President 1.00 7,500.00 1.00 7,500.00 Invoice total 7,500.00 City of Carmel Invoice number 12534 Invoice date 08/01/2012 Page 1 CrossRoad Engineers, PC 3417 Sherman Drive Beech Grove, IN 46107 317 - 780 -1555 City of Carmel Michael McBride, City Engineer 1 Civic Square Carmel, IN 46032 For services performed June 30, 2012 through July 27, 2012. PROMPT PAYMENT OF INVOICE IS APPRECIATED!! Invoice number Date 2 1 n n"1 I t'+ r A ,l 12536 08/01/2012 Project SOUTHWEST CLAY ANNEXATION These services were provided in accordance with our contract #03.03.10.03, ASA #34 approved March 3, 2010: PO #25849 dated March 21, 2012. Final Drainage Report Preparation (100% Complete) Professional Fees Billed Hours Rate Amount Director 4.00 130.00 520.00 Project Engineer 99.50 85.00 8,457.50 Crew Chief 0.50 80.00 40.00 Reimbursables Miles 'Than Chip Cheri President ii/ Phase subtotal Billed Units Rate Amount 88.00 0.48 42.24 Invoice total 9,059.74 9,059.74 City of Carmel Invoice number 12536 Invoice date 08/01/2012 Page 1 CrossRoad Engineers, PC 3417 Sherman Drive Beech Grove, IN 46107 317 - 780 -1555 City of Carmel Michael McBride, City Engineer 1 Civic Square Carmel, IN 46032 For services performed February 25 through March 23, 2012. PROMPT PAYMENT OF INVOICE IS APPRECIATED!! D ORIGINAL 6 03!29/2012 Project SOUTHWEST CLAY ANNEXATION These services were provided in accordance with our contract #03.03.10,03, ASA 1434 approved March 3, 2010: PO #25849 dated March 21 2012. Final Drainage Report Professional Fees Director Project Engineer Resident Project Representative Walnut Creek Woods Report Reimbursables Mites Thank Your Chip Charles President Hours Billed Rate Amount 400 11550 2,00 Units 130 00 520.00 85 -00 9,817.50 100.00 200.00 Billed Rate Amount 93,00 0.48 44.64 Phase subtotal 10,582.14 Invoice total 10,582 14 City of Carmel Invoice number 12156 Invoice date 03;29/2012 Page 1