HomeMy WebLinkAbout219396 04/24/2013 CITY OF CARMEL, INDIANA VENDOR: 00353406 Page 1 of 1
ONE CIVIC SQUARE KRIEG DEVAULT
CARMEL, INDIANA 46032 ONE INDIANA SQUARE,STE 2800 CHECK AMOUNT: $59,968.67
INDIANAPOLIS IN 46204 CHECK NUMBER: 219396
CHECK DATE: 4/24/2013
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
902 4460807 346029 59, 968 . 67 PERFORMING ARTS CENTE
One Indiana Square
K R I E G D E V (� 'LT Suite 2800
�`�._I A ® Indianapolis,IN 46204-2079
T:317.636.4341
F:317.636.1507
Fed.EIN#35-1055087
IRT1110 141151 241 Ili WAII 111
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Carmel Redevelopment Commission
Les Olds, AIA,Executive Director
30 West Main Street, Suite 220
Carmel,IN 46032
March 18, 2013
Invoice Number 346029
Our File#: CRML 00001 ABB
Performing Arts Center Claims
FOR PROFESSIONAL SERVICES RENDERED THROUGH February 28, 2013
02/01/13 BSS Analysis of deposition transcript and prepared list of issues for errata sheets. Extended
teleconferences with experts and representatives of LHB, SSE, Ruby+Associates,WPM,
Creviston, CRC, and various other parties regarding discovery of issues,concerns,
calculations, analyses and recommendations; strategized regarding these issues.
4.00 250.00/hr 1,000.00
02/01/13 RSS Address issues related to Ruby matters; several calls to parties related to the same; several
calls with SSE, Ruby and Associates, WPM, LHB and others; calls with Shiel on matters
related to Ruby issues; analyze the same; call with clients on the same.
10.50 385.00/hr 4,042.50
02/01/13 TJC Worked on plan for engineers to gain site access, and continue their assessment of
potential issue related to trusses T-2, T-3 and T-4. Numerous calls with Walter P Moore
(WPM). Multiple lengthy calls with WPM, Creviston, SSE and Ruby(along with counsel
for all entities) related to potential issue. Teleconference with WPM,Mayor Brainard and
Karl Haas to make decision on ability to keep building open. Additional conferences with
WPM.
7.90 475.00/hr 3,752.50
02/02/13 RSS Truss matters: Calls with WPM on matters related issues related to Ruby; follow up on the
same; follow up on outstanding matters and going forward concerns.
1.50 385.00/hr 577.50
02/03/13 RSS Analyze strategy matters, outstanding discovery issues, going forward matters related to
One Indiana Square
�1 K R I E G I D EVAU LT Indian 800
ndianapolis,IN 46204-2079
T:317.636.4341
F:317.636.1507
Fed.EIN#35-1055087
m
Carmel Redevelopment Commission
Les Olds,AIA,Executive Director
30 West Main Street, Suite 220
Carmel, IN 46032
March 18, 2013
Invoice Number 346029
Our File#: CRML 00001 ABB
Performing Arts Center Claims
FOR PROFESSIONAL SERVICES RENDERED THROUGH February 28, 2013
02/01/13 BSS Analysis of deposition transcript and prepared list of issues for errata sheets. Extended
teleconferences with experts and representatives of LHB, SSE, Ruby+Associates,WPM,
Creviston, CRC, and various other parties regarding discovery of issues, concerns,
calculations, analyses and recommendations; strategized regarding these issues.
4.00 250.00/hr 1,000.00
02/01/13 RSS Address issues related to Ruby matters; several calls to parties related to the same; several
calls with SSE, Ruby and Associates, WPM, LHB and others; calls with Shiel on matters
related to Ruby issues; analyze the same; call with clients on the same.
10.50 385.00/hr 4,042.50
02/01/13 TJC Worked on plan for engineers to gain site access, and continue their assessment of
potential issue related to trusses T-2, T-3 and T-4. Numerous calls with Walter P Moore
(WPM). Multiple lengthy calls with WPM, Creviston, SSE and Ruby(along with counsel
for all entities) related to potential issue. Teleconference with WPM, Mayor Brainard and
Karl Haas to make decision on ability to keep building open. Additional conferences with
WPM.
7.90 475.00/hr 3,752.50
02/02/13 RSS Truss matters: Calls with WPM on matters related issues related to Ruby; follow up on the
same; follow up on outstanding matters and going forward concerns.
1.50 385.00/hr 577.50
02/03/13 RSS Analyze strategy matters, outstanding discovery issues, going forward matters related to
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CRML 00001 Page 2
Invoice#346029
trial and issues on the same; review of issues related to the same; work on matters related
to litigation issues.
2.50 385.00/hr 962.50
02/04/13 BSS Strategized regarding developments in Trusses and analysis of the same. Numerous
teleconferences with WPM and others.
1.50 250.00/hr 375.00
02/04/13 GTS Search SSE's first production for documents responsive to attorney request.
0.50 175.00/hr 87.50
02/04/13 RSS Analysis of issues related to Ruby matters; work on the same; calls with WPM on matters
related to the same; calls with Shiel on matters related to Truss issues and going forward
plans; follow up on the same.
5.50 385.00/hr 2,117.50
02/04/13 TJC Multiple teleconferences with Walter P Moore, Shiel Sexton. Worked on strategy and
plan to determine whether an issue requiring remediation relative to trusses exists.
Receipt and review of order extending mediation deadline. Addressed inquiries by
counsel for SSE regarding status and scheduling. Analysis of whether"steel issues" and
"truss issues" can be bifurcated or must be tried together.
4.50 475.00/hr 2,137.50
02/05/13 BSS Trusses Issues: Analysis of pictures prepared by Shiel Sexton and strategized regarding
the same. Teleconferences and correspondence regarding trusses concerns.
0.75 250.00/hr 187.50
02/05/13 RSS Truss issues: Calls with WPM related to matters involving analysis and truss issues;
review and analysis of the same; follow up with Shiel on matters related to the same.
3.75 385.00/hr 1,443.75
02/05/13 RSS Review and analysis of damages issues; analysis of matters related to mediation and going
forward issues on case strategy; follow up with Karl Haas, Les Olds and Ryan Wilmering
on the same.
1.25 385.00/hr 481.25
02/05/13 TJC Teleconference with Mike Anderson of Shiel; communication with WPM; reviewed
photographs; prepared for site visit with WPM.
2.00 47 5.00/hr 950.00
02/06/13 BSS Worked on drafting/revising Privilege Log and prepared for production. Analysis of
developments in trusses investigation by experts.
1.00 250.00/hr 250.00
02/06/13 GTS Prepare document privilege log for production.
1.00 175.00/hr 175.00
02/06/13 RSS Calls with Shiel on matters related to WPM review; follow up on the same; analysis of
potential issues related Dave Ruby issues; meet with WPM and Shiel on the same;
i
CRML 00001 Page 3
Invoice#346029
analysis of strategy going forward; follow LIP on the same.
3.75 385.00/hr 1,443.75
02/06/13 RSS Analysis of discovery matters.
0.25 385.00/hr 96.25
02/06/13 TJC Attention to Truss issues, including site visit and meeting with WPM and Shiel
representatives. Teleconference with WPM representatives regarding results of site visit
and plan for further investigation.
2.50 475.00/hr 1,187.50
02/07/13 BSS Extended teleconferences with representatives of WPM and Shiel re: trusses issues and
ongoing investigation; analysis of structural renderings and other issues. Strategized
regarding potential dispositive motion being filed by SSE.
1.25 250.00/hr 312.50
02/07/13 RSS Analysis of issues related to Ruby matters; follow up from SSE on the same; call with
WPM on matters related to issues; call with Mike Anderson on the same; follow up on the
same; call with Ryan Wilmering re. status of the same.
2.25 385.00/hr 866.25
02/07/13 TJC Teleconferences with WPM and Mike Anderson of Shiel related to Truss issues.
Reviewed relevant shop drawings. Strategy in connection with SSE.
2.10 475.00/hr 997.50
02/08/13 BSS Teleconference with Shiel and WPM re: Trusses issues.
0.25 250.00/hr 62.50
02/08/13 RSS Several calls on matters related to Dave Ruby issues; calls with WPM on matters related
to the same; analysis of issues on the same; follow up on strategy related to litigation and
issues on the same.
2.50 385.00/hr 962.50
02/08/13 TJC Teleconference with Mike Anderson and WPM representatives regarding on site efforts
related to investigation of potential Truss Issue. Teleconference with WPM related to
ongoing investigation of potential Truss Issue. Review and analysis of materials provided
by Shiel Sexton.
1.70 475.00/hr 807.50
02/11/13 BSS Analysis of records/documents produced by WPM; strategized re: the same. Review of
SSE's discovery responses and privilege log.
0.50 250.00/hr 125.00
02/11/13 RSS Call with Les Olds on status of litigation.and matters related to the same; review and
analyze issues on the same; follow up with Mike Anderson on the same; analysis of issues
going forward.
2.00 385.00/hr 770.00
02/11/13 TJC Teleconference with Mark Holland of Walter P Moore regarding status and strategy in
Page CRML 00001 P
Invoice# 346029
connection with the Truss Investigation. Teleconference with Mike Anderson regarding
status of cleaning and concrete cutting and timing going forward. Communications with
Kyle Dominisse regarding strategy for investigation this week.
1.40 475.00/hr 665.00
02/12/13 RSS Call with Les Olds on matters related to litigation and strategy going forward; review and
analyze issues on the same; follow up on matters related to WPM analysis.
1.50 385.00/hr 577.50
02/12/13 TJC Teleconference with Kyle Dominisse of Walter P. Moore regarding the status of the Truss
investigation. Follow up on open items raised by Kyle. Receipt and review of
communication from counsel for SSE regarding Ruby and SSE raising of issue and lack of
involvement going forward.
1.10 475.00/hr 522.50
02/13/13 BSS Review and analysis of documents/emails produced by SSE. Strategized regarding
developments related to trusses analysis. Worked on revisions to privilege log to be
produced.
1.25 250.00/hr 312.50
02/13/13 RSS Analysis of issues related to litigation; call with Les Olds on matters related to the same.
0.75 385.00/hr 288.75
02/13/13 RSS Calls with Mike Anderson matters related to WPM; analysis of issues related to the same;
call with WPM on matters related to issues and going forward strategy; review and
analyze documents in preparation of the same; calls with Les Olds on matters related to
the same.
4.75 385.00/hr 1,828.75
02/13/13 TJC Conference with Kyle Dominesse of Walter P. Moore regarding status and next steps in
connection with Truss Investigation. Follow up strategy. Teleconference with Mark
Holland. Strategy on timing of Truss Investigation, mediation and trial.
1.60 475.00/hr 760.00
02/14/13 BPH Perform legal research regarding claim preclusion, issue preclusion and res judicata
pertaining to new claims and the potential of waiving new claims if those claims are not
brought in current lawsuit. Draft summary of findings regarding same.
4.40 215.00/hr 946.00
02/14/13 BSS Analysis of emails produced by SSE. Strategized regarding case management issues and
impact of Truss analysis. Strategized regarding developing information provided by
expert; teleconferences regarding the same.
0.75 250.00 /hr 187.50
02/14/13 MJM Work through potential claims and issues arising from new evidence of damages.
Analysis of claims with R Schein.
0.50 475.00/hr 237.50
02/14/13 MQ Review and analysis of need to amend complaint to include new defects. Analyzed
I
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Invoice#346029
impact on trial date.
0.50 415.00/hr 207.50
02/14/13 RSS Review and analyze matters related to trial,claims, expert reports and issues involving the
same; analysis of issues related to potential amendments to pleadings and going forward
strategy; follow up with Karl Haas and Ryan Wilmering on the same.
5.75 385.00/hr 2,213.75
02/14/13 TJC Worked on strategy related to keeping existing trial date and trial schedule; expediting
analysis of additional damages; and reducing likelihood of delay. Review and analysis of
research on doctrine of claim preclusion.
1.60 475.00/hr 760.00
02/15/13 BSS Researched and analyzed issues related to issue preclusion; strategized regarding the
same. Analysis of impact of Truss issues and case management time frame. Strategized
regarding developments in Trusses analysis.
1.25 250.00/hr 312.50
02/15/13 RSS Truss matters: Review and analyze issues related to review of Truss issues; calls with
Shiel on the same; calls with WPM on the same; analysis of issues and related matters on
the same; conference call with WPM on going forward matters and steps on the same;
follow up with Les Olds on the same; follow up with Karl Haas and Ryan Wilmering on
the same.
5.75 385.00/hr 2,213.75
02/15/13 TJC Reviewed drawings in preparation for conference call with Walter P. Moore regarding
status of Truss Investigation. Participated in lengthy conference and video share with
Walter P. Moore regarding need for long term retrofit.
2.50 475.00/hr 1,187.50
02/17/13 BPH Perform legal research regarding claim preclusion of claims brought after conclusion of
initial litigation that were unknown to plaintiffs until after conclusion of initial litigation
with regard to potential construction defects. Draft summary of findings regarding same.
3.10 215.00/hr 666.50
02/17/13 RSS Review of matters and analyze issues related to claims,Truss matters and going forward
strategy; work on the same.
1.75 385.00/hr 673.75
02/17/13 TJC Analysis of res judicata issue and whether amending the complaint will be necessary in
connection with the Truss Connection Issue. Prepared for meeting with client.
0.70 475.00/hr 332.50
02/18/13 BPH Perform legal research regarding amendments to complaints and amendments during trial
to conform to evidence presented; Research Indiana Trial Rule 15(B) for amendment
procedures and standards; Draft summary of findings regarding same.
2.60 215.00/hr 559.00
02/18/13 BSS Analysis of documents related to truss issues. Analysis of emails produced by SSE.
CRML 00001 Page 6
Invoice#346029
Teleconferences regarding developments of issues related to truss analysis.
0.75 250.00/hr 187.50
02/18/13 GTS Prepare all hand calculations for attorney review.
1.80 175.00/hr 315.00
02/18/13 RSS Several calls with WPM on matters related to Truss issues; analysis of damages and
matters related to the same; analysis of claims and strategy on the same; follow up on the
same; meeting with Mayor Brainard, Les Olds and Tom Costakis on the same; call with
WPM and others related to matters on the same; work on going forward strategy on the
same.
8.25 385.00/hr 3,176.25
02/18/13 TJC Teleconference with Dilip Choudhuri and Mark Holland of Walter P.Moore. Prepared for
meeting with client and Walter P. Moore. Review and analysis of research on need to
amend.complaint to claim damages related to Truss Issues. Participated in conference call
with Les Olds,the Mayor and Walter P. Moore. Follow up status and strategy meeting
with the Mayor and Les Olds,
3.40 475.00/hr 1,615.00
02/19/13 BPH Review documents produced by SSE for pertinent communications regarding defects in
construction.
5.25 215.00 /hr 1,128.75
02/19/13 BSS Teleconferences regarding Truss analyses and developments regarding the same;
researched documents and calculations to the same produced by SSE and Creviston.
0.50 250.00/hr 125.00
02/19/13 RSS Analysis of strategy and claim matters; follow up with WPM on matters related to Truss
issues; calls on the same.
2.25 385.00/hr 866.25
02/19/13 TJC Review, in context of Truss Investigation, calculations of Creviston produced by
Creviston and by SSE.
0.60 475.00 /hr 285.00
02/20/13 BPH Review documents produced by SSE for pertinent communications regarding defects in
construction.
3.20 215.00/hr 688.00
02/20/13 RSS Analysis of legal issues related to strategy of trial and mediation; work on the same;
follow up with Les Olds on matters related to the same; call with WPM on outstanding
matters; call with WPM and Tania Moskalenko on matters related to the same.
2.75 385.00/hr 1,058.75
02/20/13 TJC Review of SSE contract for provisions applicable to Truss issues.
0.50 475.00/hr 237.50
02/21/13 BPH Review documents produced by SSE for pertinent communications regarding defects in
' I
CRML 00001 Page 7
Invoice#346029
construction.
2.10 215.00/hr 451.50
02/21/13 RSS Analysis of strategy; work on matters related to trial and issues going forward; analyze the
same; call with WPM on matters related to the trusses; call with Les Olds on update;
analysis of issues related to mediation and going forward concerns; follow up on the same.
2.50 385.00/hr 962.50
02/21/13 TJC Status and strategy on mediation, Walter P. Moore Truss investigation, notices to be sent
based on Truss investigation and potential solvency issues with SSE.
1.00 475.00/hr 475.00
02/22/13 BPH Review documents produced by SSE for pertinent communications regarding defects in
construction.
3.20 215.00/hr 688.00
02/22/13 BSS Coordinated review of emails produced by SSE and strategized regarding areas of interest
in emails for further review.
0.25 250.00/hr 62.50
02/22/13 RSS Analysis of issues related to matters involving Truss matters and litigation strategy; work
on the same; call with Pfenne Cantrell; call with WPM on matters related to the same.
2.50 385.00/hr 962.50
02/22/13 TJC Attention to issues related to SSE contract, need for notice on Truss issues.
0.30 475.00/hr 142.50
02/24/13 RSS Analyze issues related to Truss matters; call with WPM on the same.
1.50 385.00/hr 577.50
02/24/13 TJC Conference call with Walter P. Moore regarding potential involvement of SSE in retrofit.
Follow up status and strategy on mediation with SSE.
0.80 475.00/hr 380.00
02/25/13 BPH Review documents produced by SSE for pertinent communications regarding defects in
construction.
3.60 215.00/hr 774.00
02/25/13 RSS Analysis of issues related to matters involving Truss issues; calls with Shiel Sexton on the
same; call with Les Olds on the same; analyze strategy going forward; analyze Mediation
matters and follow up on the same.
2.50 385.00/hr 962.50
02/25/13 TJC Review and analysis of SSE Dunn and Bradstreet report.
0.40 475.00/hr 190.00
02/26/13 BPH Review documents produced by SSE for pertinent communications regarding defects in
construction.
1.20 215.00/hr 258.00
i
CRML.00001 Page 8
Invoice#346029
02/26/13 BSS Analysis of emails produced by SSE.
0.25 250.00/hr 62.50
02/26/13 RSS Analysis of issues related to discovery of SSE and defect matters; analysis of recovery
issues; follow up on the same.
2.00 385.00/hr 770.00
02/28/13 BSS Analysis of damage calculation issues and strategized re: production of documents
evidencing the same.
0.75 250.00/hr 187.50
02/28/13 RSS Follow up on matters related to mediation and issues related to the same; call with Mike
Anderson related to the same; call with Les Olds on matters related to the same.
0.75 385.00/hr 288.75
02/28/13 TJC Status and strategy on Truss Issues.
0.50 475.00/hr 237.50
Total Fees for this Matter: 166.05 $ 59,739.75
TJC Costakis, Thomas J. 37.10 hrs 475.00/hr 17,622.50
BPH Holler, Blake P. 28.65 hrs 215.00/hr 6,159.75
MJM Merkle, Mark J. R. 0.50 hrs 475.00/hr 237.50
MQ Quigley, Marc T. 0.50 hrs 415.00/hr 207.50
RSS Schein, Robert S. 81.00 hrs 385.00/hr. 31,185.00
GTS Smith, Gary T. 3.30 hrs 175.00/hr 577.50
BSS Strawbridge, Bryan S. 15.00 hrs 250.00/hr 3,750.00
Total: 166.05 hrs $ 59,739.75
Federal Express 47.25
Photocopies 2.00
02/07/13 VENDOR: Baynes Reporting Service; INVOICE#: 13484; 179.67
DATE: 2/7/2013; Deposition
Total Disbursements for this Matter: $ 228.92
TOTAL FEES: $ 59,739.75
TOTAL DISBURSEMENTS: $ 228.92
TOTAL CHARGES FOR THIS BILL: $ 59,968.67
This invoice is due upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
Prescribed by State Board of Accounts City Form No.201(Rev.1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
l/ Payee-
Khl Purchase Order No.
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Invoice Invoice Description Amount
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1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accor-
dance with IC 5-11-10-1.6.
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Clerk-Treasurer
VOUCHER NO. WARRANT NO.
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the materials or services itemized thereon
for which charge is made were ordered and
received except
4-21- 2013
ignature
Executive Director
Title
Cost distribution ledger classification if Carmel Redevelopment Commission
claim paid motor vehicle highway fund