McKinley-Bittersweet Intersection Improvements.pdf

ST. JOSEPH COUNTY

DEPARTMENT OF INFRASTRUCTURE,

PLANNING & GROWTH

DIVISION OF PUBLIC WORKS

ROOM 732, COUNTY-CITY BUILDING

227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601

PHONE: (574) 235-7800 FAX: (574) 235-5057

CONTRACT DOCUMENTS & SPECIFICATIONS

COUNTY PROJECT: R-92601

CONTRACT NAME: MCKINLEY/BITTERSWEET INTERSECTION

IMPROVEMENTS

BIDDING DATE: August 18, 2026

July 31, 2026

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

MCKINLEY/BITTERSWEET INTERSECTION IMPROVEMENTS

PROJECT NO. R-92601

BOARD OF COMMISSIONERS

ST. JOSEPH COUNTY, INDIANA

CARL H. BAXMEYER

ANTHONY HAZEN

RAFAEL MORTON

AUDITOR: JOHN H. MURPHY

Ryan Carrington, P.E. Jeffrey Swenson, P.E.

Covering Civil Design Covering Signal and Electric Design

Prepared by:

DLZ INDIANA, LLC

2211 EAST JEFFERSON BOULEVARD

SOUTH BEND, INDIANA 46615

CONTRACT INFORMATION

TABLE OF CONTENTS

R-92601: MCKINLEY/BITTERSWEET INTERSECTION IMPROVEMENTS

This book shall be examined to determine that each page set out in the Contract Information Table of Contents is attached, legible, and current.

No. of Pages

Notice to Bidders ………………………………………………………………….. 1

Special Provisions .………………………………………………………………… 5

Proposal Sheet …………………………………………………………………….. 1

Bidder’s Checklist ………………………………………………………………… 1

Insurance Requirements and Hold Harmless Provisions ………………………….. 3

Form 96 (Revised 2013) …………………………………………………………... 6

Appendix A – Contract & Bond Documents ……………………………………… 4

CONTACT FOR CONTRACTORS

HIGHWAY ENGINEER: Sky Medors, P.E., CFM PHONE: (574) 235-9042 E-MAIL: smedors@sjcindiana.com

QUESTIONS & ADDENDUM

All questions regarding the project must be submitted via email to avilla@sjcindiana.gov prior to 12:00 PM noon on Tuesday, August 11, 2026. Any required addendum will then be emailed to all bidding contractors by 2:00 PM the following day.

2026 CONTRACT UPDATES

Changes in St. Joseph County Standard Special Provisions are in Italics to draw the Contractor’s attention.

ADVERTISEMENT FOR BIDS

NOTICE TO BIDDERS

NOTICE is hereby given the Board of Commissioners of St. Joseph County, Indiana will publicly open and read aloud bids on Tuesday, August 18, 2026, hour of six o’clock [6:00] p.m. [E.D.T.] in the County Council Chambers, Fourth Floor, County-City Building, South Bend, Indiana, as per Specifications on file, beginning July 31, 2026, on the County web-site at https://www.sjcindiana.com/Bids.aspx?CatID=18 for the following Project:

R-92601: MCKINLEY/BITTERSWEET INTERSECTION IMPROVEMENTS

The project entails replacement of traffic signal equipment, pedestrian push buttons and pedestals, curb ramp replacement, pavement markings, and school zone signage. Estimated Project Length = approx. 0.1 miles.

SAID bids must be accompanied with a Certified Check made payable to St. Joseph County or Bid Bond executed by the bidder and surety company in a sum of not less than ten percent [10%] of the total amount of the bid, together with a non-collusive affidavit as prescribed in Form 96, Revised 2013. Sealed bids must be filed in the office of the County Commissioners no later than 6:00 p.m. [EDT] on Tuesday, August 18, 2026, Room 722, County-City Building, South Bend, Indiana. The bidder awarded the contract will be required to furnish separate Payment, Performance, and Maintenance Bonds before commencing work. The Payment and Performance Bond shall each remain in effect throughout the entire construction period in an amount equal to the awarded Contract Amount. The required Maintenance Bond shall remain in effect for a period of up to five years from the date of final acceptance in an amount of 10 percent [10%] of the awarded Contract Amount. The bidder’s attention is directed to the Affirmative Action Requirements and the Insurance Provisions of the Project.

RESPONSIBLE Bidders may obtain a set of and/or sets of the Contract Documents, Special Provisions, and/or Plans, if applicable, for this Project at https://www.sjcindiana.gov/Bids.aspx?CatID=18.

SPECIFICATIONS and/or Plans, if applicable, are available online or a hardcopy is available for viewing in the Department of Infrastructure, Planning and Growth’s Office, Room 732, County-City Building, 227 W. Jefferson Blvd, South Bend, Indiana, 46601.

THE Board of Commissioners reserves the right to reject any or all bids or to accept the one which, in its judgment will be to the best interest of St. Joseph County, Indiana. The Board of Commissioners also reserves the right to hold Bids up to 60 calendar days from the receipt of the Bid.

Dated this 28th day of July 2026. BOARD OF COMMISSIONERS OF THE

COUNTY OF ST. JOSEPH, INDIANA

CARL H. BAXMEYER, PRESIDENT

ANTHONY “TONY” HAZEN, VICE PRESIDENT

RAFAEL MORTON, MEMBER

PUBLISHED:

July 31, 2026 ATTEST:

August 7, 2026

THE SOUTH BEND TRIBUNE ___________________________________________

MISHAWAKA ENTERPRISE JOHN H. MURPHY, AUDITOR

Special Provisions

SPECIAL PROVISIONS

PROJECT: MCKINLEY/BITTERSWEET INTERSECTION IMPROVEMENTS

I PROJECT DESCRIPTION

The project entails replacing select traffic signal equipment at the McKinley Highway and Bittersweet Road intersection due to the age of existing equipment components.

Work elements include curb ramp, sidewalk, and curb reconstruction, signal equipment modifications, pavement markings, and school zone signing.

II COUNTY SPECIFICATIONS

The COUNTY SPECIFICATIONS of St. Joseph County, Indiana adopted as amended, on March 18th, 1975 and revised August 17th, 1989 are to be used in this project, along with the current applicable Indiana Department of Transportation Standard Specifications, including the current applicable Recurring Special Provisions and/or Supplemental Specifications and the current List of Approved or Pre-Qualified Materials.

III PLANS

The Contract Plans consist of Sheets 1 through 8 with applicable Standards to be used in conjunction with the Indiana Department of Transportation (INDOT) Standard Drawings, St. Joseph County Standard Drawings, the Standard Specifications of the Indiana Department of Transportation and these Special Provisions. Special Provisions shall cover only modifications or additions to the Standard Specifications.

IV INSURANCE

A. Prevailing Specification: Attached County Insurance Requirements B. Additions:

1. Bidder’s attention is drawn to the Insurance Provisions as set out on Page I1 through I3 of the attached Insurance Requirement and Hold Harmless provisions. The name insured shall be St. Joseph County, Indiana.

V SCOPE OF WORK

A. Prevailing Specification: 104 B. Additions:

1. The Contractor shall verify existing site conditions to preclude a stoppage of work due to “Differing Site Conditions”.

VI UTILITIES

A. Prevailing Specification: 105, 107 B. Additions:

1. The Contractor shall locate utilities and adjust positioning of signposts and foundations as necessary to avoid conflicts.

2. The Contractor shall coordinate with the electrical utility to confirm the utility service pole connections and signal service locations.

VII COMPLETION TIME

A. Prevailing Specification: None B. Additions:

1. Within seven (7) calendar days of the issuance of the Notice of Award, the awarded contractor shall submit to the Owner all required documents necessary for issuance of a Notice to Proceed.

2. The Contractor will have until November 30, 2026 to complete all work included in the contract, including clean-up and demobilization.

VIII CONSTRUCTION ENGINEERING

A. Prevailing Specifications: 105 B. Additions:

1. The Contractor shall provide all work required under this item.

2. Construction Engineering will be paid for at the contract unit price for

“Construction Engineering . . . Lump Sum” as indicated on the itemized proposal sheet.

3. Upon completion and final acceptance, as-built drawings of all work shall be provided to the St. Joseph County Engineer’s Office. Final Retainage, 25% of Construction Engineering, will be held until the County receives and accepts the as-built drawings.

IX INSPECTION HOLE, 3 FT DEEP OR LESS

A. Prevailing Specifications: 107 B. Additions:

1. None.

X MOBILIZATION AND DEMOBILIZATION

A. Prevailing Specifications: 110, 621 B. Additions:

1. None.

XI CLEARING RIGHT-OF-WAY

A. Prevailing Specifications: 201

XII PAVEMENT REMOVAL

A. Prevailing Specifications: 202 B. Additions:

1. None.

XIII CONCRETE SIDEWALK REMOVAL

A. Prevailing Specifications: 202 B. Additions:

1. None

XIV DENSE GRADED SUBBASE

A. Prevailing Specifications: 302 B. Additions:

1. Only Aggregate from an approved CAPP source will be allowed. The use of local aggregate or slag will not be allowed.

XV COMPACTED AGGREGATE NO. 53

A. Prevailing Specifications: 303 B. Additions:

1. Only Aggregate from an approved CAPP source will be allowed. The use of local aggregate or slag will not be allowed.

XVI RETROFITTED TIE BARS

A. Prevailing Specifications: 503 B. Additions:

1. None

XVII PCCP PATCHING, FULL DEPTH

A. Prevailing Specifications: 506 B. Additions:

1. The use of local aggregate or slag will not be allowed. Limestone shall be used as coarse aggregate.

XVIII CONCRETE SIDEWALK

A. Prevailing Specifications: 604 B. Additions:

1. The use of local aggregate or slag will not be allowed. Limestone shall be used as coarse aggregate. White pigment curing compound shall be utilized.

XIX CONCRETE CURB RAMP

A. Prevailing Specifications: 604 B. Additions:

1. The use of local aggregate or slag will not be allowed. Limestone shall be

XX CURB REMOVAL

A. Prevailing Specifications: 605 B. Additions:

1. None.

XXI INTEGRAL CONCRETE CURB

A. Prevailing Specifications: 605 B. Additions:

1. The use of local aggregate or slag will not be allowed. Limestone shall be

XXII PCCP FOR APPROACHES, 9 IN.

A. Prevailing Specifications: 610

XXIII SODDING, NURSERY

A. Prevailing Specifications: 621 B. Additions:

1. A minimum of 4-inch topsoil shall be placed in areas to be sodded prior to the placement of sod, in accordance with INDOT 621.

2. The cost of the material, equipment, and labor to place the topsoil shall be included in the cost of sodding.

XXIV MAINTAINING TRAFFIC

A. Prevailing Specifications: 801 B. Additions:

1. Coordinate with Penn Harris Madison (PHM) School Corporation and the businesses whose access is impacted by lane restrictions. Provide notification of a change in lane restriction a minimum of 7 days in advance.

2. Once construction has started, lanes shall not be restricted at the intersection for more than 28 consecutive days.

3. Once construction has started, construction shall not be idle for more than 7 consecutive days adjacent to the restricted lanes.

4. Contractor shall maintain a pedestrian route from Penn High School to the PHM Fieldhouse during construction, with crossings of Bittersweet Road and McKinley Highway at signal controlled intersections.

XXV GROUND MOUNTED SIGNS

A. Prevailing Specifications: 802 B. Additions:

1. None

XXVI TRAFFIC SIGNAL EQUIPMENT REMOVAL

A. Prevailing Specifications: 105, 805

XXVII TRAFFIC SIGNAL EQUIPMENT

A. Prevailing Specifications: 805

1. None

XXVIII PEDESTAL MOUNTED SCHOOL SPEED LIMIT FLASHING BEACON

ASSEMBLY

A. Prevailing Specifications: 805 B. Additions:

1. The flashing beacons are to be hardwired. Solar panel and battery are not required.

2. Coordinate with PHM School Corporation to establish the timing for the flashers to be activated.

3. For a Pedestal Mounted School Speed Limit Beacon Assembly, the cost of the pedestal metal base, pedestal pole, pole cap, flasher beacons, and all hardware and wiring required to complete the installation shall be included in the cost of the beacon assembly.

4. The Pedestal Mounted School Speed Limit Flashing Beacon Assembly will be paid for at the contract unit price for Flashing Beacon Assembly…EACH, as indicated on the itemized proposal sheet.

XXIX HANDHOLE, ADJUST TO GRADE

A. Prevailing Specifications: 807 B. Additions:

1. None

XXX METERED SERVICE POINT

A. Prevailing Specifications: 807 B. Additions:

1. Metered service points shall comply with American Electric Power Company’s Meter Standard Drawing M.S._F027A.

2. Coordinate with PHM School Corporation to set up the electrical service accounts for the flashing beacons.

XXXI PAVEMENT MARKINGS

A. Prevailing Specifications: 808 B. Additions:

1. Pavement markings to be multi-component unless otherwise approved by St. Joseph County.

2. Before mixing, the individual components shall be heated to a temperature between 80° F (26.7° C) and 140° F (60° C).

3. After mixing the recommended application, temperatures for the combined material at the gun tip shall reach between 80° F (26.7° C) and 140° F (60° C).

XXXII FIRE HYDRANT PROTECTION

A. Prevailing Specifications: None B. Additions:

1. The fire hydrant in the northwest quadrant of the intersection shall be protected during sidewalk removal and from any new concrete.

2. Protection of the hydrant will not be measured for payment but shall be included in the cost of other items.

M.S._F027A – SINGLE FREE-STANDING STRUCTURE UNDERGROUND SERVICE (ALTERNATE METER PEDESTAL)

Proposal Sheet

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

1. CONSTRUCTION ENGINEERING 1.00 L.S.

2. INSPECTION HOLE, 3 FT DEEP OR LESS 10.00 EACH

3. MOBILIZATION AND DEMOBILIZATION 1.00 L.S.

4. CLEARING RIGHT-OF-WAY 1.00 L.S.

5. PAVEMENT REMOVAL 62.00 S.Y.

6. SIDEWALK CONCRETE, REMOVE 204.00 S.Y.

7. DENSE GRADED SUBBASE 1.00 C.Y.

8. COMPACTED AGGREGATE NO. 53 21.00 TON

9. RETROFITTED TIE BARS 81.00 EACH

10. PCCP PATCHING, FULL DEPTH 62.00 S.Y.

11. SIDEWALK, CONCRETE 66.00 S.Y.

12. CURB RAMP, CONCRETE 143.00 S.Y.

13. DETECTABLE WARNING SURFACES 12.00 S.Y.

14. CURB, REMOVE 256.00 LFT

15. CURB, INTEGRAL CONCRETE 269.00 LFT

16. PCCP FOR APPROACHES, 9 IN. 2.00 S.Y.

17. SODDING, NURSERY 99.00 S.Y.

18. CONSTRUCTION SIGN, TYPE A 22.00 EACH

19. CONSTRUCTION SIGN, TYPE B 8.00 EACH

20. MAINTAINING TRAFFIC 1.00 L.S.

21. SIGN POST, SQUARE, TYPE 1, REINFORCED ANCHOR BASE 60.00 LFT

22. SIGN, SHEET, WITH LEGEND, 0.080 IN. THICKNESS 88.00 SFT

23. TRAFFIC SIGNAL EQUIPMENT, REMOVE 1.00 EACH

24. HANDHOLE, SIGNAL, TYPE 1 3.00 EACH

25. PEDESTRIAN SIGNAL HEAD, COUNTDOWN, 18 IN. 8.00 EACH

26. SIGNAL POLE FOUNDATION, 24 IN. X 24 IN. X 36 IN. 11.00 EACH

27. SIGNAL POLE, PEDESTAL, 10 FT 8.00 EACH

28. VEHICLE DETECTION SYSTEM 1.00 EACH

29. CONDUIT, HDPE, 2 IN. SCHEDULE 80 543.00 LFT

30. PEDESTRIAN PUSH BUTTON, APS 8.00 EACH

31. UNINTERRUPTABLE POWER SUPPLY 1.00 EACH

32. CONTROLLER AND CABINET, SECONDARY MENU DRIVEN, 8

PHASE

1.00 EACH

33. TRAFFIC SIGNAL HEAD, 3 SECTION, 12 IN 4.00 EACH

34. TRAFFIC SIGNAL HEAD, 5 SECTION, 12 IN 6.00 EACH

35. FLASHING BEACON ASSEMBLY 3.00 EACH

36. SIGNAL CABLE, CONTROL, COPPER 3C/14GA 1,579.00 LFT

37. SIGNAL CABLE, CONTROL, COPPER 5C/14GA 1,886.00 LFT

38. SIGNAL CABLE, CONTROL, COPPER 7C/14GA 285.00 LFT

39. SIGNAL CABLE, CONTROL, COPPER 9C/14GA 539.00 LFT

40. HANDHOLE, ADJUST TO GRADE 2.00 EACH

41. METERED SERVICE POINT 3.00 EACH

42. TRANSVERSE MARKING, MULTI-COMPONENT, STOP LINE,

WHITE, 24 IN.

219.00 LFT

43. LINE, MULTI-COMPONENT, SOLID, WHITE, 6 IN. 859.00 LFT

44. PAVEMENT MESSAGE MARKING, MULTI-COMPONENT, ONLY 8.00 EACH

45. PAVEMENT MESSAGE MARKING, MULTI-COMPONENT, LANE

INDICATION ARROW

41.00 EACH

CONTRACTOR NAME SUBMITTED BY:

ADDRESS

TITLE

TELEPHONE DATE SUBMITTED

FACSIMILE NO. EMAIL

TOTAL BID

PROPOSAL

ST. JOSEPH COUNTY

BOARD OF COMMISSIONERS

PROJECT NO. R-92601

(To be Attached to Form 96)

MCKINLEY/BITTERSWEET INTERSECTION IMPROVEMENTS

Bidder’s Checklist

PLANNING AND ZONING | PUBLIC WORKS | SURVEYOR | DRAINAGE | ENVIRONMENTAL | ECONOMIC DEVELOPMENT

227 W. Jefferson Blvd. | 7th & 11th Fl. | South Bend, IN 46601 P: (574) 235-7800 | F: (574) 235-5057

JOHN R. MCNAMARA, P.E., L.S.

County Surveyor

JESSICA J. CLARK, P.E.

County Engineer

WILLIAM S. SCHALLIOL, ESQ.

Executive Dir. of Economic Development

RYAN D. FELLOWS

Interim Ex. Dir. Area Plan Commission DEPARTMENT OF INFRASTRUCTURE, PLANNING & GROWTH

BOARD OF COMMISSIONERS

ANDREW T. KOSTIELNEY

District 1

DAVE THOMAS

District 2

DEBORAH A. FLEMING, D.M.D.

District 3

BIDDERS CHECKLIST

TO BE FILLED IN COMPLETELY BY BIDDER

[PLEASE ATTACH TO PROPOSAL]

ITEM # DESCRIPTION YES NO

1. Bidder has, and is familiar with a copy of the Indiana Department of

Transportation Standard Specification including Recurring Special Provisions and Supplemental Specification as currently revised.

2. Bidder has enclosed with their bid, or has on file with the County, a completely executed and certified Form 96A �Standard Questionnaire and Financial Statement� with your Form 96 [Revised 2013].

3. Bidder has included with their bid a resume of their previous experience in the type of construction this bid represents.

4. Bidder has examined the work site and states that they are thoroughly familiar with the conditions thereon.

5. Bidder has carefully read the Special Provisions and understands their entire contents. [ ] [ ]

6. Bidder states that they understand all the bid items and has no questions regarding them. [ ] [ ]

7. Bidder has shown the insurance requirements to their insurance company and understands the coverage requirements as set out therein, including �Named Insured� portion of requirements.

8. Bid prepared on form provided [ ] [ ]

9. Bid signed by proper party [ ] [ ]

10. Proper Bid security included (the bidder has the option of providing either a Certified

Check or Bid Bond). The Bid Bond or Certified Check must be in the amount indicated in the �Notice to Bidders�.

11. All required additional information is included with the Bid. [ ] [ ]

12. Non-Discrimination Compliance is provided. [ ] [ ]

13. Subcontractor List is provided. [ ] [ ]

14. Duplicate Bid Forms stamped �COPY� [ ] [ ]

COMPANY NAME AREA CODE & TELEPHONE NUMBER

COMPANY ADDRESS NAME OF PERSON FILLING OUT FORM

CITY/STATE/ZIP

CARL H. BAXMEYER

DEREK D. DIETER

sferkull Rectangle sferkull Rectangle sferkull Text Box

BOARD OF COMMISSIONERS

CARL H. BAXMEYER

District 1

RAFAEL MORTON

District 2

ANTHONY HAZEN

District 3 sferkull Text Box Derek D. Dieter County Surveyor Sky Medors, P.E.

County Engineer Bill Schalliol Executive Director of Economic Development Shawn Klein Executive Dir. of Area Plan Commission

Insurance Requirements and

Hold Harmless Provisions

DEPARTMENT OF INFRASTRUCTURE, PLANNING & GROWTH

DIVISION OF PUBLIC WORKS

INSURANCE REQUIREMENTS AND HOLD HARMLESS PROVISIONS

- 1 - Revision 3/87 Revision 6/01 Revision 5/07

OWNER AND CONTRACTOR PROTECTIVE LIABILITY INSURANCE

The Contractor shall, prior to commencing work and thereafter keep in force until terminated by the Board of Commissioners through the execution and Board approval of the Project Completion Affidavit, furnish the County with a policy providing Owners’ and Contractors’ Protective Liability Insurance Coverage for Operations of Contractor. The County may accept an insurance binder, temporarily, pending receipt of the Certificate of Insurance policy.

The Insurer shall be a company holding a Certificate of Authority by the Indiana State Insurance Commissioner to do business in the state. The named insured shall be St. Joseph County, Indiana, its members and employees, and the limits of coverage shall be in the amounts set out herein:

1. A limit of not less than $2,000,000.00 for all damages arising out of bodily injury or death in any occurrence.

2. A limit of not less than $1,000,000.00 for all damages arising out of injury to or destruction of property in any occurrence, and subject to the limit of occurrence, and aggregate of not less than $6,000,00.00 for all damages arising out of injury to or destruction of property during the policy period.

In addition to the limits specified herein, the policy shall also include the following endorsements to the Owners’ and Contractors’ Protective Liability Insurance:

3. Whenever used in the policy, the term “named insured” shall include St. Joseph County Government, its members, and employees.

4. Whenever used in this policy, the term “general supervision” shall include on-site inspection, field engineering, field testing, and activities incidental thereto.

Proof of renewal shall be furnished fifteen (15) days prior to the expiration of the policy, and if subject to cancellation, the policy shall provide for written notice from the insurance company to the St. Joseph County Board of Commissioners at thirty (30) days prior to the effective date of the cancellation. In the event of cancellation or expiration, all work on the contract shall be suspended except that necessary for traffic maintenance and the protection of life and property.

The County shall not permit the Contractor to resume work until the above coverage requirements are renewed and in full effect. No extension in the Contract completion time or additional payment will be allowed on account of this requirement and contract time charges will continue.

With respect to all operations he performs and for the duration of the Contract, the Contractor and Subcontractor shall carry Contractors’ Comprehensive General Liability Insurance providing

Page I1 of I3

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Revision 6/01 for a limit of not less than $2,000,000.00 for all damages arising out of bodily injury or death in any one occurrence. The policy shall also provide for a limit of not less than $1,000,000.00 for all damages arising out of injury to or destruction of property in any once occurrence and, subject to that limit per occurrence, and aggregate limit of not less than $1,000,000.00 for all damages arising out of injury to or destruction of property during the policy period. Such insurance shall include coverage for Premises-Operation, Contractor’s Protective Liability, Products-Completed Operations, and Blanket Contractual Liability.

COMPREHENSIVE AUTOMOBILE LIABILITY

The Contractor and Subcontractor shall carry for the duration of the Contract, Comprehensive Business Automobile Liability Insurance providing for a limit of not less than $1,000,000.00 for all damages arising out of bodily injury or death for each person and a limit of not less than $1,000,000.00 for all damages arising out of bodily injury or death in any one occurrence. The policy shall also provide for a limit of not less than $1,000,000.00 for all damages arising out of injury to or destruction of property in any one occurrence. Such insurance shall include coverage for all owned, non-owned, and hired vehicles.

WORKMAN’S COMPENSATION INSURANCE

The Contractor and Subcontractor shall also provide proof of a current Workman’s Compensation Insurance policy prior to Contract awards.

HOLD HARMLESS PROVISIONS

The Contractor shall indemnify, defend, exculpate, and hold harmless St. Joseph County, Indiana, its officials and employees for any liability due to loss, damages, injuries, or other casualties of what so ever kind, or by whom so ever caused, to the person or property of anyone on or off the right-of-way arising out of or resulting from the performance of the Contract or from the installation, existence, use, maintenance, condition, repairs, alterations, or removal of any equipment or material, whether due in whole or in part to the negligent acts or omissions of the County, its officials, agents, or employees; on the Contractor, his agents or employees, or other persons engaged in the performance of the Contract or rising out of this Contract; or the joint negligence of any of them, including any claim arising out of the Workman’s Compensation Act or any other law, ordinance, order, or decree.

The Contractor also agrees to pay all reasonable expenses and attorneys’ fees incurred by o imposed on the County in connection herewith in the event that the Contractor shall default under the provisions of this paragraph. As much of the money due the Contractor under and by virtue of his Contract as the County may consider necessary for such purpose may retained for

Page I2 of I3

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Revision 6/01 the use of the County. In case no money is due, the Contractors’ Surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to the effect furnished to the County. Money due will not be withheld when the Contractor produces satisfactory evidence that he is protected adequately by public liability and not extend to the indemnification or exculpation against claims arising out of the preparation or approval of Plans, Specification, or Special Provisions unless furnished by the Contractor.

It is specifically agreed between the parties executing the Contract that it is not intended by any of the provisions of any part of the Contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to the Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions or the Contract.

Page I3 of I3

Form 96 (Revised 2013)

F-1

F-2

F-3

F-4

F-5

F-6

Appendix A

Contract & Bond Documents

BOARD OF COMMISSIONERS

ROADWAY - CONSTRUCTION CONTRACT

THIS AGREEMENT MADE and entered into this day of , 2026 between , hereafter called the “Contractor” and the Board of County Commissioners of St. Joseph County, Indiana, hereinafter called the “Commissioners”.

WITNESS TO: That the Contractor covenant and agrees to make the following improvements as fully set out in the Notice to Bidders, Standard Specifications, Special Provisions, Plans and/or Bid Proposal for:

PROJECT NO.: R-92601

DESCRIPTION: MCKINLEY/BITTERSWEET INTERSECTION IMPROVEMENTS

BEGIN DATE: COMPLETION DATE:

THE unit prices for this improvement were those prices as received and accepted by the ST. JOSEPH COUNTY BOARD OF COMMISSIONERS. In the event the Contractor fails or refuses to complete all improvements as fully set out in the Notice to Bidders, Standard Specifications, Special Provisions, Plans and/or Bid Proposal, then the Contractor is in default of this Contract. The Commissioners shall notify in writing the Contractor in default and shall have the right to execute the performance bond to complete the contract.

THAT the Contractor further agrees to guarantee the materials and workmanship against any defects during the contract through a Performance Bond and a Maintenance Bond for a period up to five (5) years from the date of final acceptance of this improvement by the Commission. Upon written notice from the commission the Contractor will remove and replace with no cost to the Commission, any defective workmanship or materials which may appear within the warranty period and pay for any damage to other property caused by this defect.

THAT the Contractor further guarantees to any subcontractor, and their successors and assigns for the payment of any indebtedness to a person for a labor and services performed, materials furnished, or services rendered through a Payment Bond that may not be released until one (1) year after the Commissioners final settlement with the Contractor.

THAT the Contractor further agrees to notify the Engineer when this improvement is complete. This notification shall be in the form of a Completion Affidavit, signed by the Contractor. Upon final acceptance of the improvement by the Engineer the Contractor’s final estimate will be presented to the Commission for final payment. The Commission will retain the Maintenance Bond containing the warranty.

BOARD OF COMMISSIONERS CONTRACTOR

PRESIDENT – Carl H. Baxmeyer

VICE PRESIDENT – Anthony Hazen

MEMBER – Rafael Morton TITLE

ATTEST: ___________________________________

AUDITOR – John H. Murphy

CERTIFICATION [To be completed by Contractor of a Corporation]. I certify that I am the of the corporation named as Contractor herein: that who signed this Agreement on behalf of the Contractor was then said corporation; that said Agreement was signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

________INSURANCE FORMS RECEIVED ___________________________________________Corporation

Binder ___________________________________________Seal

ROADWAY - CONSTRUCTION BOARD OF COMMISSIONERS

MAINTENANCE BOND

(PUBLIC WORKS)

KNOW ALL MEN BY THESE PRESENTS THAT WE, ____________________________________________________, (Contractor Name & Address) hereafter called the Principal and (Surety Company Name & Address) hereafter called the Surety, are held and firmly bound unto the Board of Commissioners, St. Joseph County, Indiana, hereinafter called the Commission, in the amount of 10 percent of the contract bid amount which is the penal sum of ______________________________________________________________________ for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the above Principal did on this day, ______________, enters into a contract with the Commission for Project Description: R-92601:

MCKINLEY/BITTERSWEET INTERSECTION IMPROVEMENTS which said contract is made a part of this Bond the same as though set forth herein.

NOW, THEREFORE, if the said Principal shall well and faithfully do and perform the things agreed by him to be done and performed according to the terms of said contract, and shall pay all lawful claims of subcontractors, materials, men and laborers, for labor performed and materials furnished in the carrying forward, performing or completing of said contract, and furthermore warranting and guaranteeing the workmanship and material in this improvements for a period of time established herein (refer to attached Table A for more information) and as provided in the contract, we agreeing, and assenting that this undertaking shall be for the benefit of any material, man or laborer having a just claim as well as for the obligee herein, then this obligation shall be void, otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the work to be performed hereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, an it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

Signed, sealed and acknowledged in the presence of

Contractor

_________________________________________ By:

Witnesses Surety

BOARD OF COUNTY COMMISSIONERS:

PRESIDENT – Carl H. Baxmeyer ATTEST:

VICE PRESIDENT – Anthony Hazen AUDITOR – John H. Murphy

MEMBER – Rafael Morton

PAYMENT BOND

(PUBLIC WORKS)

KNOW ALL MEN BY THESE PRESENTS THAT WE, ____________________________________________________, (Contractor Name & Address) hereafter called the Principal and (Surety Company Name & Address) hereafter called the Surety, are held and firmly bound unto the Board of Commissioners, St. Joseph County, Indiana, hereinafter called the Commission, in the amount of 100 percent of the contract bid amount which is the penal sum of ______________________________________________________________________ for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the above Principal did on this day, ______________, enters into a contract with the Commission for Project Description: R-92601:

NOW, THEREFORE, if the said Principal shall well and faithfully do and perform the things agreed by him to be done and performed according to the terms of said contract, and shall pay all lawful claims of subcontractors, and their successors and assigns, materials, men and laborers, for labor performed and materials furnished in the carrying forward, performing or completing of said contract. This Payment Bond is for the benefit of the subcontractors, laborers, material suppliers, and those performing services and we agreeing, and assenting that this undertaking shall be for the benefit of any material, man or laborer having a just claim as well as for the obligee herein, then this obligation shall be void, otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.

The said Surety, for value received, hereby stipulates and agrees that any modification, omission, change, extension of time, alteration or addition to the terms of the contract or the work to be performed hereunder or the plans, drawings, and specifications accompanying the same; or defect in the public work contract; or a defect in the proceedings preliminary to the letting and awarding of the public works contract does not discharge the Surety and shall in any way affect its obligation on this bond, an it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

Signed, sealed and acknowledged in the presence of

Contractor

_________________________________________ By:

PERFORMANCE BOND

(PUBLIC WORKS)

KNOW ALL MEN BY THESE PRESENTS THAT WE, ____________________________________________________, (Contractor Name & Address) hereafter called the Principal and (Surety Company Name & Address) hereafter called the Surety, are held and firmly bound unto the Board of Commissioners, St. Joseph County, Indiana, hereinafter called the Commission, in the amount of 100 percent of the contract bid amount which is the penal sum of ______________________________________________________________________ for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the above Principal did on this day, ______________, enters into a contract with the Commission for Project Description: R-92601:

NOW, THEREFORE, if the said Principal shall well and faithfully do and perform the things agreed by him to be done and performed according to the terms of said contract, and shall pay all lawful claims of subcontractors, materials, men and laborers, for labor performed and materials furnished in the carrying forward, performing or completing of said contract, and furthermore warranting and guaranteeing the workmanship and material in this improvement as provided in the contract, we agreeing, and assenting that this undertaking shall be for the benefit of any material, man or laborer having a just claim as well as for the obligee herein, then this obligation shall be void, otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the work to be performed hereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, an it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

Signed, sealed and acknowledged in the presence of

Contractor

_________________________________________ By: