225439 10/23/2013 �,\wf 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: $44,112.69
INDIANAPOLIS IN 46204 CHECK NUMBER: 225439
CHECK DATE: 10123/2013
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
902 4460807 359510 11, 993 . 25 PERFORMING ARTS CENTE
902 4460807 362883 32, 119 .44 PERFORMING ARTS CENTE
0 One Indiana Square
� R i E G IDEVAULT. Suite 2800
Indianapolis, IN 46204-2079
T: 317.636.4341
F: 317.636.1 507
Fed. EIN 4 35-1055087
Carmel Redevelopment Commission
Les Olds, AIA, Executive Director
30 West Main Street, Suite 220
Carmel, IN 46032
August 19, 2013
Invoice Number 359510
Our File 4: CRML 00001 ABB
Performing Arts Center Claims
FOR PROFESSIONAL SERVICES RENDERED THROUGH July 31, 2013
07/01/13 RSS Analysis of issues related to filings;
0.50 385.00 /hr 192.50
07/02/13 TJC Receipt and review of SSE's filing of notice that it does not object to the amendment of
the complaint by the CRC.
0.20 475.00/hr 95.00
07/08/13 BSS Strategized regarding Court's rescheduling of trial setting and case management issues.
Correspondence and teleconference regarding expert's review of Palladium.
0.25 250.00/hr 62.50
07/08/13 RSS Analysis of issues related to hearing and claims; follow up on discovery matters;
0.75 385.00 /hr 288.75
07/09/13 RSS Call with WPM on status of matter and analysis of issues related to the same; work on the
same; follow up on claim matters and issues related to the same;
1.50 385.00 /hr 577.50
07/10/13 BSS Analysis of SSE's discovery requests related to WPM's calculations associated with truss
defects and strategized regarding not responding unless and until the Court reopens
discovery and grants Motion for Leave to Amend Complaint.
0.25 250.00 /hr 62.50
07/10/13 RSS WPM matters; analysis of issues of discovery; follow up on the same;
I LA • •� •� •
CRML 00001 Pa(-,e 2
Invoice#359510
1.00 385.00 /hr 385.00
07/10/13 TJC Addressed SSE's request for production of WPM's calculations; strategy on production in
contest of status conference with Court on July 22. Strategy in connection with likely trial
schedule and timing of WPM's supplemental expert report on truss and bolt issues.
0.50 475.00 /hr 237.50
07/11/13 RSS Follow up on matters with WPM related to truss calculations and hearing on Amended
Complaint; analyze issues related to the same;
0.50 385.00 /hr 192.50
07/12/13 RSS Call with WPM on matters related to discovery and supplemental report; analysis of the
same; follow up on matters related to potential settlement matters with LHB;
0.75 385.00 /hr 288.75
07/15/13 BSS Receipt and analysis of Order granting Motion for Leave to Amended Complaint and
researched responsive deadline for SSE triggered thereby; calendared responsive
deadlines. Analysis of Court's docket.
0.50 250.00 /hr 125.00
07/15/13 RSS Analysis of issues related to matters involving WPM; follow up on the same;
0.50 385.00 /hr 192.50
07/15/13 TJC Receipt and review of Court's Order granting the CRC's motion for leave to amend the
complaint. Follow up on Walter P. Moore's work and timing of the delivery of
calculations and production of supplemental report.
0.50 475.00 /hr 237.50
07/16/13 BSS Analysis of calculations package prepared by WPM related to trusses T-2, T-3, and T-4
and revised correspondence to opposing counsel enclosing the same; coordinated with
litigation support personnel regarding incorporation of calculations package into database
and production to opposing counsel and LHB.
0.75 250.00/hr 187.50
07/16/13 GTS Prepare documents for production.
1.00 175.00 /hr 175.00
07/16/13 RSS Review and analysis of WPM calculation package and matters related to Truss issues;
analyze the same for production to SSE and LHB; call and follow up on production of the
same; review and follow up on matters related to trial and potential discovery on the same;
analysis of amendment of pleadings and parties to action;
3.00 385.00 /hr 1.155.00
07/16/13 TJC Review and analysis of WPM calculations on Truss issues, Bolt issues and retrofit
analysis. in preparation for production to SSE, LHB and Creviston - prior to Court's status
conference on Monday July 22. 'Transmittal to counsel for SSE and LHB. Prepared for
court conference.
1.00 475.00 /hr 475.00
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CRML 00001 Page 5
Invoice# 359510
Total Disbursements for this Matter: $ 32.00
TOTAL FEES: $ 11,961.25
TOTAL DISBURSEMENTS: $ 32.00
TOTAL CHARGES FOR THIS BILL: $ 11,993.25
This invoice is due upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
I
One Indiana Square
India n I
K R I E G I D E VnU LTo ndian g°°
Uzi apolis,IN 46204-2079
T:317.636.4341
F:317.636.1 X07
Fed. EIN#35-1055087
Carmel Redevelopment Commission
Les Olds, AIA, Executive Director
30 West Main Street, Suite 220
Carmel,IN 46032
September 9, 2013
Invoice Number 362883
Our File#: CRML 00001 ABB
Performing Arts Center Claims
FOR PROFESSIONAL SERVICES RENDERED THROUGH August 31, 2013
08/02/13 TJC Communication with Mark Holland of Walter P. Moore regarding additional issues related
to connections.
0.50 475.00/hr 237.50
08/04/13 TJC Communication with Mark Holland of Walter P. Moore. Prepared for conference call
with Walter P. Moore.
0.20 475.00/hr 95.00
08/05/13 BPH Strategize regarding amendment of complaint to include additional counts for further
defects found.
0.25 215.00/hr 53.75
08/05/13 BSS Correspondence and teleconferences regarding WPM's discovery of additional defects
requiring remediation. Strategized regarding time frame for remediation and effects upon
litigation. Coordinated issues and research related to amendment to Amended Complaint
to include new defects and remediation costs as damages claimed, and whether leave of
Court is necessary for such second amendment. Analysis of issues related to CRC
organizational structure changes.
1.25 250.00 /hr 312.50
08/05/13 RSS Review and analyze issues related to matters involving WPM initial findings and matters
involving connection design; call with WPM on matters related to the same; follow up on
issues related to the same and discovery matters involving the same;
3.75 385.00 /hr 1,443.75
CRML 00001 Page 2
Invoice# 362883
08/05/13 TJC Prepared for and participated in teleconference and webinar with Walter P. Moore
regarding status of shop drawing connection review. Follow up status and strategy.
2.70 475.00 /hr 1,282.50
08/06/13 BPH Perform legal research of Indiana case law and Indiana Trial Rules regarding ability to file
second amended complaint as a matter of right without asking for leave when first
amended complaint was not filed as of right and defendant has yet to answer. Strategize
regarding findings.
1.00 215.00/hr 215.00
08/06/13 BSS Analysis of reached related to seeking leave to amend First Amended Complaint prior to
SSE's answering of the same in order to include issues related to newfound defects
communicated by WPM. Analysis of WPM's issues requiring remediation and strategized
regarding the same.
0.75 250.00/hr 187.50
08/06/13 RSS WPM matters; calls with Ryan Wilmering regarding case matters; call with Matt Worthley
related to strategy and case matters; call with Les Olds; call with WPM; prepare letter to
LHB regarding damages and matters related to settlement; analysis of matters related to
strategy;
4.50 385.00/hr 1,732.50
08/06/13 TJC Status and strategy on litigation, WPM shop drawing review.
1.00 475.00/hr 475.00
08/07/13 BPH Perform legal research regarding filing a second amended pleading as a mattes-of right in
lieu of moving for leave pursuant to trial rules. Draft summary of findings regarding
same. Compile documentation of all damages in preparation to transmit to opposing
counsel per request.
3.10 215.00/hr 666.50
08/07/13 BSS Correspondence to/from counsel for LHB. Strategized/researched issues regarding
damage components and entitlements under LHB contract. Strategized regarding expert
requests to Ruby/SSE.
1.00 250.00 /hr 250.00
08/07/13 RSS Review of Court's Order on SSE motion; meeting with Les Olds and conference with
WPM on matters related to litigation-, follow up on issues related to the same. analysis of
issues related to additional matters involving connections and SSE, litigation; analysis of
strategy related to the same;
4.00 385.00 /hr 1,540.00
08/07/13 TJC Attention to SSE's new deadline for responding to amended complaint and whether CRC
would need to move for leave to file a second amended complaint. ];valuation of request
for detailed damages information fi-om counsel for 1-1-113.
0.90 475.00/1-ir 427.50
08/08/13 BPH Compile damages documentation and review and update spreadsheets regarding same in
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CRML 00001 Page 3
Invoice#362883
preparation to produce to opposing counsel.
1.25 215.00 /hr 268.75
08/08/13 BSS Prepared damage documentation for providing to LHB. Strategized regarding discussions
with LHB. Researched recoverability of non-direct damages. Analysis of settlement
issues.
0.50 250.00/hr 125.00
08/08/13 RSS Follow up on matters with Bob Hoffman and LHB; analysis of issues on the same; review
of damages and issues related to case;
2.00 385.00/hr 770.00
08/08/13 TJC Addressed issues related to discussions with counsel for LHB regarding damages and
supporting documentation.
0.50 475.00/hr 237.50
08/09/13 BSS Analysis of supplemental documents provided by WPM outlining defects requiring
remediation and Strategized/corresponded regarding these defects.
0.50 250.00/hr 125.00
08/09/13 RSS Analysis of WPM and matters on the same; work on matters for LHB;
2.50 385.00/hr 962.50
08/12/13 RSS Analyze issues related to WPM and issues on the same; follow up on matters related to
connection issues and potential amendment of complaint;
1.50 385.00/hr 577.50
08/13/13 BSS Researched documents supporting and dictating remediation plans and prepared for
production to SSE.
0.50 250.00/hr 125.00
08/13/13 GTS Search document database for documents responsive to attorney request.
2.50 175.00/hr 437.50
08/1 i/13 RSS Analysis of issues related to potential matters involving claims; follow up on WPM
matters and issues related to the same; analysis of issues related to potential further
amendments to the pleadings;
1.50 385.00 /hr 577.50
08/14/13 BPH Draft updated and revised comprehensive damages calculations spreadsheets and prepare
similar documentation of damages for transmission to opposing counsel.
1.30 215.00/hr 279.50
08/14/13 BSS Analysis of damage calculations and worked on aggregating supporting documentation.
Strategized and corresponded regarding the same. Strategized regarding amending the
Complaint to reflect new damage issues.
0.50 250.00/hr 125.00
08/14/13 RSS Call with WPN/1 on matters related to case; analyze issues related to the same;
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CRML 00001 Page a
Invoice#362883
1.50 385.00/hr 577.50
08/14/13 TJC Prepared for client meeting. Strategy regarding status conference and potential need to
amend complaint to include additional issues identified by Walter P. Moore.
0.50 475.00/hr 237.50
08/15/13 RSS Strategize related to matters involving amendment to pleadings, WPM matters and trial
settings; review of issues related to hearing on Monday; follow up with Doug Haney on
matters related to the same; call with Matt Worthley on issues related to the same;
2.50 385.00/hr 962.50
08/15/13 TJC Prepared for hearing with Court and meeting with client. Follow on open items with
Walter P. Moore.
0.50 475.00/hr 237.50
08/16/13 BSS Receipt and analysis of SSE's Third Party Complaint against Creviston. Strategized
regarding need to respond to Counterclaim. Analysis of damage computations.
0.50 250.00/hr 125.00
08/16/13 RSS Analysis of issues related to WPM matters; follow up with WPM on status of the same;
review of issues related to matters involving WPM; analysis of issues related to Pre-Trial
Conference matters; review of matters related to meeting and issues on the same;
3.50 385.00/hr 1,347.50
08/16/13 TJC Preparation for meetings with Doug Haney and City Council. Receipt and review of
answer and third party complaint filed by SSE. Telephone call from court staff
confirming status conference. Reviewed and analyzed, particularly in anticipation of
meeting with client and court conference, draft shop drawing report prepared by Walter P.
Moore.
2.60 475.00/hr 1,235.00
08/17/13 BSS Receipt and analysis of new pleadings from SSE responding to the City's Amended
Complaint, filing a Counterclaim against the City as well as brining in Creviston
Engineering as a third party defendant. Correspondence and strategy related to these
filings and determined action items going forward. Comparison on SSE's Counterclaim
filed in federal court to this new Counterclaim and determined differences in allegations
between the two.
0.50 250.00 /hr 125.00
08/18/13 RSS Review and analyze issues related to Pre-Trial conference matters, follow up on issues
related to the same;
1.50 385.00 /hr 577.50
08/19/13 131111 Compile documentation of damages in preparation to produce same. Update database and
spreadsheet of damages calculations.
0.50 215.00 /hr 107.50
08/19/13 BSS Status conference with the Court and opposing counsel to discuss additional parties, time
frame for discovery resulting from additional parties_ potential for mediation, and related
CRML 00001 Page 5
Invoice]]362883
issues. Strategized regarding hearing. Teleconference regarding meeting with City
Council as well as separate meeting with City Attorney.
0.50 250.00/hr 125.00
08/19/13 GTS Search database for documents responsive to attorney request.
0.50 175.00/hr 87.50
08/19/13 RSS Review and analyze issues related to Pre-Trial conference; prepare for the same; attend
Pre-Trial Conference with Judge Nation; analysis of issues and follow up on the same;
2.50 385.00/hr 962.50
08/19/13 RSS Follow up on matters related to strategy and issues related to case; meeting with Doug
Haney on the same; follow up on issues with CRC related to case and hearing on the
same; attend City Council meeting and follow up on the same;
2.50 385.00/hr 962.50
08/19/13 TJC Status conference with court. Meeting with Doug Haney. Meeting in executive session
with Carmel City Council.
2.50 475.00/hr 1,187.50
08/20/13 BSS Worked on drafting and revising Answer to SSE's Amended Counterclaim against the
CRC, and correspondence regarding the same. Analysis of records and documents
evidencing damage calculations and revised aggregation of calculations of damages.
1.00 250.00/hr 250.00
08/20/13 GTS Search database for documents responsive to attorney request.
1.24 175.00/hr 217.00
08/20/13 RSS Follow up on issues related to WPM analysis and status of the same; call with Les Old son
matters related to case;
2.00 385.00/hr 770.00
08/21/13 RSS Follow up on matters with shop drawing and report with WPM; analysis of issues
regarding the same; calls on the same;
1.00 385.00 /hr 385.00
08/22/13 RSS Follow up on matters with WPM and outstanding issues related to discovery of the same;
analysis of issues related to damages and counterclaim assertions; review of issues related
to reply of the same;
0.75 385.00 /hr 288.75
08/23/13 BSS Analysis of Amended Counterclaim and worked on revising Answer to the same;
li-om previous iteration and procedural nuances
strategized regarding pleading, revisions
of SSE's Counterclaim. Analysis of damage calculations.
0.50 250.00/hr 125.00
08/24/13 BSS Receipt and analysis of'Order lrom Court regarding developments and case management
mailers. Strategized regarding the same.
0.25 250.00/hr 62.50
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CRML 00001 Page 6
Invoice#362883
08/26/13 RSS Analysis of issues related to Case Management Plan and issues related to the same; review
of Court's Order and matters related to strategy;
1.50 385.00/hr 577.50
08/27/13 BPH Analyze damages documentation, subcontractor invoices and spreadsheets in preparation
to provided damages analysis to opposing counsel.
1.00 215.00/hr 215.00
08/27/13 RSS Call with Les Olds on status of matters; call with WPM on matters related to case and
trial; call with Mike Anderson] related to damages matters; review of amended
counterclaim; follow up on the same;
2.50 385.00/hr 962.50
08/27/13 TJC Status and strategy regarding WPM shop drawing assessment and need to further amend
the complaint.
0.50 475.00/hr 237.50
08/28/13 BPH Analyze damages documentation, subcontractor invoices and spreadsheets in preparation
to provided damages analysis to opposing counsel.
2.00 215.00/hr 430.00
08/28/13 BSS Strategized regarding damage calculations and corresponded regarding Council meeting
on 8/28/13.
0.25 250.00/hr 62.50
08/28/13 RSS Analysis of issues related to case; follow up on issues for the same; review of issues
related to matters for CRC Executive Session; review of strategy matters; attend CRC
Executive Session; follow up on issues related to the same;
3.00 385.00/hr 1,155.00
08/28/13 TJC Prepared for and participated in meeting in executive session with the CRC.
2.00 475.00/hr 950.00
0 8/2 9/1 3 BSS Receipt and analysis of correspondence from opposing counsel demanding discovery
supplementation and correspondence regarding the same.
0.25 250.00/hr 62.50
08/29/13 TJC Receipt and review of request from counsel for SSE to supplement and update discovery
responses.
0.20 475.00 /hr 95.00
08/30/13 BPI I Draft comprehensive memorandum regarding damages calculations and remediation costs
in preparation for production of'clocuments to opposing counsel.
0.75 215.00/hr 161.25
08/30/13 13SS Worked on revising Answers to SSE's Amended Counterclaim. Analysis of revisions to
computation calculations of aggregated damages to reflect recent remediation issues.
0.50 250.00/hr 125.00
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CRML 00001 Page 7
Invoice# 362883
08/31/13 TJC Review and analysis of updated information provided by WPM related to "orange
category" connections that will require retrofitting.
0.50 475.00/hr 237.50
Total Fees for this Matter: 84.24 $ 29,756.75
"rJC Costakis, Thomas J. 15.10 firs 475.00/hr 7,172.50
BPH Holler, Blake P. 11.15 hrs 215.00/hr 2,397.25
RSS Schein, Robert S. 44.50 hrs 385.00/hr 17,132.50
GTS Smith, Gary T. 4.24 hrs 175.00/hr 742.00
BSS Strawbridge, Bryan S. 9.25 hrs 250.00/hr 2,312.50
Total: 84.24 hrs $ 29,756.75
Color Copies 3.00
Photocopies 2.00
08/06/13 Session 2')76 97.03
08/06/13 PAYEE: Norris Choplin & Schroeder, LLP; REQUEST#: 1,549.66
19989; DATE: 8/6/2013. - Mediator fees associated with
mediation held on 5/20/2013 (Peter A. Schroeder)
08/06/13 PAYEE: Construction Process Solutions, Ltd.; REQUEST#: 711.00
20177; DATE: 8/12/2013. - Paymen for invoices for the
claims assessment services on the CPAC Project - Inv#5325,
5502 & 5786
Total Disbursements for this Matter: $ 2,362.69
TOTAL FEES: $ 29,756.75
TOTAL DISBURSEMENTS: $ 2,362.69
TOTAL CHARGES FOR THIS BILL: $ 32,119.44
This invoice is due upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number.
I
Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No.201(Rev.1995)
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.
Payee
II
K rD U�u Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
9-11-1 3 35 C s u
Total 44 #2 9
1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5-11-10-1.6.
, 20
Clerk-Treasurer
I
VOUCHER NO. WARRANT NO.
ALLOWED 20
IN SUM OF $
ON ACCOUNT OF ROPRIATION FOR
TT r-�
Board Members
PO#or INVOICE NO. ACCT#/TITLE AMOUNT
DEPT.# I hereby certify that the attached invoice(s), or
9 ')59 516 +' Oft 7 I1,393,2S bill(s) is (are) true and correct and that the
10 U2 3 YJ O7 3Z materials or services itemized thereon for
which charge is made were ordered and
received except
20/3
Ignature
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund