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HomeMy WebLinkAboutCrossRoad Engineers, P.C./Eng/197,000/6th Street SE and Range Line Road Roundabout - DesignCrossRoad Engineers, PC Engineering Department - 2018 re;1 Appropriation #2017 LOIT Bond Fund, P.O.#101290 Contract Not To Exceed $197,000.00 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (hereinafter "City"), and CrossRoad Engineers, PC (hereinafter "Professional") RECITALS WHEREAS City owns and is responsible for the operation and maintenance of its property, personnel, public works and infrastructure; and and WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities; WHEREAS, Professional is experienced in providing and desires to provide to City the professional services ("Services") referenced herein; and WHEREAS, City desires to engage Professional as an independent contractor for the purpose of providing to City the Services referenced herein; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth herein, City and Professional mutually agree as follows: SECTION 1 INCORPORATION OF RECITALS The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof. SECTION 2 SCOPE OF SERVICES 2.1 City desires to engage Professional as an independent contractor for the Services set forth in attached Exhibit A, incorporated herein by this reference. Vendor will not perform any of the Services detailed in Exhibit A prior to obtaining a written Notice to Proceed from the City. Upon receiving a Notice to Proceed, the Vendor shall perform only those Services specifically detailed in the Notice. If the Vendor desires clarification of the scope of any Notice to Proceed, the Vendor shall obtain such clarification from the City in writing, prior to performing the service set forth in the Notice to Proceed. Any services performed without the City's prior express written authorization will not be compensated 2.2 Professional understands and agrees that City may, from time to time, request Professional to provide additional or modified Services to City. When City desires additional Services from Professional, the City shall notify Professional of such additional Services desired, as well as the time frame in which same are to be provided. Only after City has approved Professional's time and cost estimate for the provision of such additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in writing, to provide such additional Services, shall such Services be provided by Professional to City. A copy (S:XC-t.U1ProLS— & Goods S—\Engineerm812019,a..Rosd Engineers. PC.d. t/1&2018 9:33 AM) CrossRoad Engineers, PC Engineering Department - 2018 Appropriation #2017 WIT Bond Fund; P.O.#101290 Contract Not To Exceed $197,000.00 of the City's authorization documents for the purchase of additional Services shall be numbered and attached hereto in the order in which they are approved by City. 2.3 Time is of the essence of this Agreement. SECTION 3 CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 2017 LOIT Bond funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all matters regarding the Services. SECTION 4 PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5 COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than One Hundred Ninety Seven Thousand Dollars ($197,000.00) (the "Estimate"). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City's receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City's prior written consent. jS:WwtrwU%Prof Svcs R Goods Svc0EngineeringV01810mRmd Engineers. PC.doc: 1/18/2016 9:33 AM] 2 CrossRoad Engineers, PC Engineering Department - 2018 Appropriation #2017 LOIT Bond Fund; P.O.#101290 Contract Not To Exceed $197,000.00 SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2018, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days' notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional's receipt of City's "Notice To Cease Services." 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.5 Insurance Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such insurance as is necessary for the protection of City and Professional from all claims under workers' compensation, occupational disease and/or unemployment compensation acts, because of errors and omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or IS:WmawmTrof Svcs & Goods S—TnginecrinSVOMaY Rosd Engineers. PCA— VW20189:33 AM) CrossRoad Engineers, PC Engineering Department - 2018 Appropriation #2017 LOIT Bond Fund; P.O.#101290 Contract Not To Exceed $197,000.00 death of any of Professional's employees, agents or contractors and/or because of any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30) days' prior written notice to City. 7.6 Liens Professional shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional's sole cost and expense. 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional's performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. ISAContr sWro(.Svcs&Goods Sws\Engin—S\20181QossRoed Engi—PC.dm. 111&20189:33 AMI CrossRoad Engineers, PC Engineering Department - 2018 Appropriation #2017 LOIT Bond Fund; P.O.#101290 Contract Not To Exceed $197,000.00 7.11 E -Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly -hired employees using the E -Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit D, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E -verify program, and (ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit D. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E -Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City's authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E -verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days ("Cure Period"). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E -Verify requirements of this Agreement will not apply, should the E -Verify program cease to exist. 7.12 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand -delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel Department of Engineering One Civic Square Carmel, Indiana 46032 ATTENTION: Jeremy Kashman IS:1ConvwisWrof.Svcs & Gaads Svcs\EngineerinSk2018%0msRoad Engineers. PC.doc: 1118/2018 9:33 AMS Douglas C. Haney Corporation Counsel One Civic Square Carmel, Indiana 46032 CrossRoad Engineers, PC Engineering Department - 2018 Appropriation #2017 LOIT Bond Fund; P.O.#101290 Contract Not To Exceed $197,000.00 PROFESSIONAL: CrossRoad Engineers, PC 3417 South Sherman Drive Beech Grove, IN 46107 ATTENTION: Chip Charles Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date The effective date ("Effective Date") of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.17 Non -Assignment Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City's prior written consent. 7.18 Entire Agreement This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. (SAConerwisWrof.Sv &.Goods SwslEngiceering\2019CrmsRwd Engineers, PC.dm.1/18/20189:33 AM] 6 CrossRoad Engineers, PC Engineering Department - 2018 Appropriation #2017 LOIT Bond Fund; P.O.#101290 Contract Not To Exceed $197,000.00 7.19 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional's property. 7.23 Personnel Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. 7.25 Accomplishment of Proiect Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City's organization. JSAContr—\Prof. Svcs & Goods Svcs\Engir—ring\20JMOcssRmd Engineers. PC.dm. 1118/2018 9.33 AM) CrossRoad Engineers, PC Engineering Department - 2018 Appropriation #2017 LOIT Bond FuncL P.O.#101290 Contract Not To Exceed $197,000.00 7.26 Iran Certification Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 7.27 Access to Public Records Act Professional understands and agrees that any "public record", as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana's Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et sec.., as amended. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: lam-' Mary An urke lvle kir Date: dC / Lori S. Watso ,i embe Date: ATT T: 7�� A�1� ristine S. Pau 1r�r7Turer Date: �// rS:lCwramWJ.i.-cs kl:u,�k SwslL mm�nFllillKin alt�d F,g—IVA-11INM/189 It ANI CrossRoad Engineers, PC Authorized Signature Printed Name: Trent E. Newport Title: President FID/TIN: 35-1963331 Last Four of SSN if Sole Proprietor: Date: 01/18/2018 8 October 2, 2017 Mr. Jeremy Kashman, P.E. City Engineer City of Carmel 1 Civic Square Carmel, IN 46032 Re: 6th Street SE & Range Line Road Preliminary Engineering Services Fee Proposal Dear Jeremy: Based on our conversations with you, our current knowledge of the project areas, and communications with various other involved entities, we have prepared this fee proposal for your review. This project will be locally funded through the 2017 Local Option Income Tax Bond. The following information has been prepared and is included herein: Project Description II. Scope of Professional Services III. Proposed Fees We would like to thank you for this opportunity to continue our involvement in enhancing the City of Carmel through this project. If you should have any questions or need any further information, please do not hesitate to call me at (317) 780-1555 ext. 114. Sincerely, CrossRoad Engineers, PC Trent E. Newport, P. E. President A, "EXHIBIT • for 3417 Sherman Drive 0 Beech Grove, Indiana 46107 0 Tel 317.780.1555 0 Fax 317.780.6525 6TH STREET SE & RANGE LINE ROAD CrossRoad Engineers, PC I. PROJECT DESCRIPTION This project involves converting the existing T- intersection of 6th Street SE and South Range Line Road into a roundabout. It also includes extending 6th street westward to 11t Avenue SW (Veteran's Way). Included in this proposal is a description of the preliminary engineering services necessary for the complete development of the proposed improvements. These services include survey, roundabout capacity analysis, road design, lighting design, utility coordination, permit applications, and contract documents. Also included in this proposal is an explanation of the communication and coordination with several entities that will have a significant involvement in these projects: • Old Town Development, LLC • Mohawk Plaza developer • American Structurepointe, Inc. II. SCOPE OF PROFESSIONAL SERVICES 1. Route Survey and Topographic Survey A Route Survey will be prepared since this project will involve right of way parcels. This work will generally follow INDOT procedures and will include locating (horizontally & vertically) all necessary features in the field such as edges of pavement, existing drainage structures and patterns, utilities, buildings, signs, etc. Blood Hound Inc. (BHUG) will perform independent company utility locates for this project. BHUG's services will include locating the public and private utilities including service lines except for sanitary laterals. BHUG will conduct non- destructive investigations, utilizing ground penetrating radar and electromagnetic locating to identify underground infrastructures and anomalies. Their findings will be incorporated within the topographic survey and into the design plans. 2. Roundabout Capacity Analysis/Preliminary Schematics This work involves evaluating the expected performance of the proposed roundabout at 6th Street SE / Range Line Road in terms of traffic volume capacity and delay. Methodology as presented in the Highway Capacity Manual, latest edition will be utilized. Three traffic volume scenarios will be evaluated: base year, design year, and maximum. The base year is expected to be the year the facility is constructed and open to traffic. The design year is expected to be0 'EXH{BIT G� years after construction. The maximum scenario is the greatest amount of traffic growth the proposed facility can support within the prescribed capacity criteria. The City will provide peak hour traffic turning volumes and design year growth factor. 3. Road Design Design and construction plans will be prepared in accordance with the City of Carmel's standards, guidelines and directions, and using INDOT standards where applicable. CrossRoad Engineers will submit plans to the City Engineer for review at the following milestones: • Preliminary Plans (Approximately 35% complete) • Field Check Plans (Approximately 70% complete) Neither holding a public information meeting nor preparing landscaping design plans is included, but maintenance of traffic is. 4. Lighting Design Preparation of lighting plans is included. These plans will document the roadway geometry, the location of the service points (indicating voltage being supplied), location of the poles, the orientation of the luminaires, the light source type and luminaire wattage, as well as any underground wiring, conduit, handholes, and cable duct markers that are needed. 5. Utility Coordination Coordination with representatives from each of the utility companies having facilities within the project area will be included in this task. CrossRoad Engineers will communicate any relocation of facilities that may be needed and then review the relocation plans that the utility companies prepare. We will review any reimbursable claims by the utility companies and coordinate as necessary. This task does not include work associated with field locating the vertical depth of any utilities ("potholing"). This work will be in general accordance with INDOT policy and procedures currently in effect. However, this scope only addresses utility coordination through the design process. Utility coordination services during the construction phase will be provided as needed on an hourly basis. 6. Permit Applications The project will likely require the disturbance of more than one acre of land. Therefore, an IDEM Rule 5 permit will be required. 7. Bid Documents and Bidding Phase Following the City Engineer's approval of Field Check Plans, final bid documents will be prepared, including construction plans, project specifications and final engineer's estimate. r Bidding documents will be prepared using "front end" information and documents provided by the City. A CrossRoad Engineers representative will also attend and prepare agendas and minutes for the pre-bid, bid opening and the pre - construction meetings. 8. Coordination / Communication with Other Entities During the development of these projects, an unusually large amount of coordination and communication with be required. • Old Town Development, LLC —This developer is undertaking a massive reconstruction in this section of the City. Therefore, adjacent to this project, there are numerous areas where their private development must mesh with our public development. To facilitate this, we anticipate numerous conversations and meetings to communicate and coordinate the proposed improvements. • Mohawk Plaza developer — This company is redeveloping commercial properties in this area. Therefore, adjacent to this project, there are areas where their private development must mesh with our public development. To facilitate this, we anticipate numerous conversations and meetings to communicate and coordinate the proposed improvements. • American Structurepointe, Inc. — This firm is developing planned improvements to Range Line Road north and south of this project. We will work closely with the staff of Structurepointe as it develops that project. We anticipate numerous conversations and meetings to ensure that design coordinates with ours. III. PROPOSED FEES TASK DESCRIPTION PROJECT LOCATION 6th St. SE & S. Range Line Rd. 1. Route Survey & Topo Survey $34,000 2. RAB Capacity Analysis/Schematics 10,000 3. Road Design 114,000 4. Lighting Design 10,000 5. Utility Coordination 9,000 6. Permit Applications 7,000 7. Bid Docs and Bidding Phase 9,000 8. Coord/Comm w/ Other Entities 4,000 CONTRACT TOTAL $197,000 `EY" E?1T • � EXHIBIT B Invoice Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Date: Signature Printed Name Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Property damage, contractual liability, products -completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Statutory Limits $100,000 each employee $250,000 each accident $500,000 policy limit 11 111 11 111 Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non -owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella Excess Liability Each occurrence and aggregate: Maximum deductible: $500,000 each accident $500,000 each accident $500,000 $500,000 $ 10,000 EXHIBIT D AFFIDAVIT Trent E. Newport , being first duly sworn, deposes and says that he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: 1. I am over eighteen (18) years of age and am competent to testify to the facts contained herein. 2. 1 am now and at all times relevant herein have been employed by CrossRoad Engineers, PC (the "Employer") in the position of President 3. 1 am familiar with the employment policies, practices, and procedures of the Employer and have the authority to act on behalf of the Employer. 4. The Employer is enrolled and participates in the federal E -Verify program and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. 5. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED on the 18th day of January 2018 . Printed: Trent E. Newport I certify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are true and correct. Printed: Trent E. Newport City®� Carmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 0031201.55 002 0 Page 1 of 1 PURCHASE ORDER NUMBER 'SHIP PREPAID. FEDERAL EXCISE TAX EXEMPT 101_290 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE DESCRIPTION PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. 1/17/2018 068025 Project 18 -ENG -06; Contract Date 02.07.18 CROSSROAD ENGINEERS, PC City Engineering's Office VENDOR 3417 S SHERMAN DR SHIP 1 Civic Square TO Carmel, IN 46032 - BEECH GROVE, IN 46107 - Kate Lustig PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 22637 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund:0 Account: 94-650.04 1 Each Send Invoice To: Jill Newport CrossRoad Engineers, P.C. 3417 Sherman Drive Beech Grove, IN 46107 DEPARTMENT 2017 LOIT Bond Fund 6th Street SE and Range Line Road - Design $197,000.00 Sub Total $197,000.00 $197,000.00 SHIPPING INSTRUCTIONS Mr VVUV ICRl.M414VI DCMrrRVVCU rVRrHTIVICIV I UNLCJJ If1C r.V. IVUMDCR IJ MmuCH PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN 'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN 'C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945, AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY -- -- — Jeremy Kashman James Crider TITLE Director Administration CONTROL NO. 101290 CLERK -TREASURER