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219396 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 r 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 ® � e o 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 CRML 00001 Page 5 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. �he idnd �1,rwRr� 5u!fe 2-Q1011-0 Terms d i an q p 1I S ` ' 04` �-iJ/ / Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) I—I S-0 FA ( cj6jin5 le epj 59 I a. " Total S 16 b 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. 20 Clerk-Treasurer VOUCHER NO. WARRANT NO. I/ ALLOWED 20 IN SUM OF $ Ph e Z d►�hakolrS ��20�{ 2U79 ON ACCOUNT OF APPROPRIATION FOR qOZ-/��6U f07 Board Members PO#or DEPT# INVOICE NO. ACCT#!TITLE AMOUNT I hereby certify that the attached invoice(s), QZ 3 Z O Q 7 or bill(s) is (are) true and correct and that 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