County Road 20 Access Road

Division 1:
General Conditions
For
COUNTY ROAD 20 ACCESS ROAD PROJECT
________________________________________________________________________
OWNERS: ELKHART COUNTY, INDIANA, ACTING THROUGH
ITS BOARD OF COUNTY COMMISSIONERS
ELKHART COUNTY HIGHWAY DEPARTMENT
ENGINEERING SECTION
610 STEURY AVENUE
GOSHEN, IN 46528
________________________________________________________________________
Elkhart County Highway Department
610 Steury Avenue, Goshen, Indiana 46528
Phone: 574-533-0538 * Fax: 574-533-7103

TABLE OF CONTENTS
DEFINITIONS 6
ARTICLE 1 - PRELIMINARY MATTERS 10
Delivery of Bonds 10
Copies of Documents 10
Contract Documents 10
Commencement of Contract Time; Notice to Proceed 10
Starting the Project 10
Before Starting Construction 10
Submission for Review 11
Delivery of Certificates 11
Subcontracts 11
Preconstruction Conference 11
Non-Discrimination 11
Insurance 12
Proof of Carriage Insurance 14
Performance and Payment Bond 14
ARTICLE 2 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 14
Intent 14
Amending and Supplementing Contract Documents: 15
ARTICLE 3 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 15
Availability of Lands 15
Physical Conditions - Underground Facilities 16
Not Shown or Indicated 16
Assignment of Contract 16
ARTICLE 4 - CONTRACTOR'S RESPONSIBILITIES 16
Supervision and Superintendence 16
Labor, Materials and Equipment 17
Substitutes or "Or-Equal" Items 17
Contractor Responsibility 19
Subcontractor Responsibility 19
Permits 19
Laws and Regulations 19
Taxes 19

Use of Premises 20
Record Documents 20
Safety and Protection 21
Emergencies 21
Shop Drawings and Samples 22
Continuing the Work 22
Indemnification: 23
Sanitation 23
Road Closing Requirements 24
ARTICLE 5 - OTHER WORK 26
Related Work at Site 26
ARTICLE 6 - OWNER'S RESPONSIBILITIES 26
Communication 26
Appointment of Engineer 26
Payment 26
Change Orders 26
Inspection 26
Service Termination 27
ARTICLE 7 - ENGINEER'S STATUS DURING CONSTRUCTION 27
Owner's Representative 27
Visits to Site 27
Project Representation 27
Clarifications and Interpretations 27
Authorized Variations in Work 27
Rejecting Defective Work 28
Decisions on Disputes 28
Limitations on Engineer's Responsibilities 28
ARTICLE 8 - CHANGES IN THE WORK 29
Work Modifications 29
Disagreement 29
Contract Price and Time 29
Change orders 30
Notification of Change 30
ARTICLE 9 - CHANGE OF CONTRACT PRICE 30

Change Order 30
Determination of Contract Price 30
Cost of the Work 31
ARTICLE 10 - CHANGE OF CONTRACT TIME 31
ARTICLE 11 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 32
Warranty and Guarantee 32
Access to Work 32
Tests and Inspections 32
Uncovering Work 33
Owner May Stop the Work 33
Correction or Removal of Defective Work 33
Three Years Correction Period 33
Maintenance Bond 33
Acceptance of Defective Work: 34
OWNER May Correct Defective Work: 34
ARTICLE 12 - PAYMENTS TO CONTRACTOR AND COMPLETION 34
Schedule of Values 34
Application for Progress Payment 34
Contractor's Warranty of Title 35
Review of Applications for Progress Payment 35
Substantial Completion 36
Partial Utilization 37
Final Inspection 38
Final Application for Payment 38
Final Payment and Acceptance 38
Contractor's Continuing Obligation 39
Waiver of Claims 39
ARTICLE 13 - SUSPENSION OF WORK AND TERMINATION 39
OWNER May Suspend Work 39
Conditions of Termination by Owner 39
Termination by Owner 40
Conditions of Termination by Contractor 41
ARTICLE 14 - MISCELLANEOUS 42
14.1 Giving Notice 42

14.2 Computation of Time 42
14.3 Bid Submission 42
BID FORM 43
BID BOND 45
CERTIFICATE AS TO CORPORATE PRINCIPAL 48
PERFORMANCE AND PAYMENT BOND 49
AGREEMENT 2

DEFINITIONS
The following terms, as used in these Contract Documents, are defined as follows:
"ADDENDA" Written or graphic instruments issued prior to the
opening of Bids, which clarify, correct, or change the
bidding documents or Contract Documents.
"APPROVED" The words "approved", "acceptable", "satisfactory", "in
the judgment of", and words of like import, shall mean
approval by, acceptable to, satisfactory to, or in the
judgment of, the Engineer or Owner.
"BONDS" Bid, Performance, Payment, or Maintenance Bonds,
and other instruments of security collectively or
individually as applicable.
"CHANGE ORDER" A document recommended by ENGINEER, which is
signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or revision in the Work,
or an adjustment in the Contract Price or the Contract
Time, issued on or after the Effective Date of the
Agreement.
"CONTRACTOR' The person, firm, or corporation to whom the enclosed
contract is awarded by the Owner and who is subject
to the terms hereof.
"COUNTY
SPECIFICATIONS" The current Elkhart County roads guidelines and
standards for design and public improvements.
"DIRECTED" The words "directed", "required", "permitted",
"ordered", "designated", and words of like import shall
imply the direction, requirement, permission, order of
designation of the Engineer or Owner.
"ENGINEER" The Elkhart County Highway Division, or, the Elkhart
Co. Manager of Engineering, or duly authorized
representative designated by the Owner.
"FIELD ORDER" A written order issued by ENGINEER which orders
minor changes in the Work in accordance with
paragraph 7.5 but which does not involve a change in
the Contract Price or the Contract Time.
"FINAL ACCEPTANCE" The date when OWNER accepts ENGINEER'S
recommendation of final payment.
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"GENERAL REQUIREMENTS" Sections of Division A of the Specifications.
"LAWS AND REGULATIONS; Laws, rules, regulations, ordinances, codes and/or
LAWS OR REGULATIONS" orders.
"MUTCD"` Manual of uniform traffic control devices.
"NOTICE TO PROCEED" A written notice given by OWNER to CONTRACTOR
(with a copy to ENGINEER) fixing the date on which
the Contract Time will commence to run and on which
CONTRACTOR shall start to perform
CONTRACTOR'S obligations under the Contract
Documents.
"OWNER" The public body or authority, corporation, association,
firm or person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be
provided. This typically being Elkhart County, Indiana,
acting through its Board of County Commissioners.
"PARTIAL UTILIZATION" Placing a portion of the Work in service for the purpose
for which it is intended (or a related purpose) before
reaching Substantial Completion for all the Work.
"PROJECT" The total construction of which the Work to be provided
under the Contract Documents may be the whole or a
part as indicated elsewhere in the Contract
Documents.
"RESIDENT PROJECT The authorized representative of ENGINEER
REPRESENTATIVE" who is assigned to the site or any part thereof
"SHOP DRAWINGS" All drawings, diagrams, illustrations, schedules and
other data which are specifically prepared by or for
CONTRACTOR to illustrate some portion of the Work
and all illustrations, brochures, standard schedules,
performance charts, instructions, diagrams and other
information prepared by a Supplier and submitted by
CONTRACTOR to illustrate material or equipment for
some portion of the Work.
"SPECIFICATIONS" Those portions of the Contract Documents consisting
of written technical descriptions of materials,
equipment, construction systems, standards and
workmanship as applied to the Work and certain
administrative details applicable thereto.
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"STANDARD The current INDOT standard sheets with standard
DETAILS" details.
"STANDARD The latest edition of the Indiana Department of
SPECIFICATIONS" Transportation Standard Specifications and current
supplemental Technical Specifications.
"STOP ORDER or STOP Written order from OWNER or ENGINEER to stop all
WORK ORDER work covered by the Contract Documents.
"SUBCONTRACTOR" An individual, firm or corporation having a direct
contract with CONTRACTOR or with any other
Subcontractor for the performance of a part of the
Work at the site.
"SUBSTANTIAL COMPLETION" See Paragraph 12.5 of these General Conditions.
"SUPPLEMENTARY The part of the Contract Documents which
CONDITIONS" amends or supplements these General Conditions.
"SURETY" Financial guarantee that insures the CONTRACTOR'S
obligation.
"UNDERGROUND FACILITIES" All pipelines, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels or other such facilities or
attachments. In addition, any encasement containing
such facilities that have been installed underground to
furnish any of the following services or materials;
electricity, gases, steam, liquid petroleum products,
telephone or other communication means, cable
television, sewage and drainage removal, traffic or
other control systems or water.
"UNIT PRICE WORK" Work to be paid for on the basis of unit prices.
"WORK" Work to be done under this Contract at the site of the
improvement.
"WORK DIRECTIVE CHANGE" A written directive to CONTRACTOR, issued on or
after the Effective Date of the Agreement and signed
by OWNER and recommended by ENGINEER,
ordering an addition, deletion or revision in the Work,
or responding to differing or unforeseen physical
conditions under which the Work is to be performed.
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"WRITTEN AMENDMENT" A written amendment of the Contract Documents,
signed by OWNER and CONTRACTOR on or after the
Effective Date of the Agreement and normally dealing
with the non-engineering or non-technical rather than
strictly Work-related aspects of the Contract
Documents
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County road 20 Access Road GENERAL CONDITIONS
_____________________________________________________________________
ARTICLE 1 - PRELIMINARY MATTERS
Delivery of Bonds
When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR
shall also deliver to OWNER such Bonds as called for in the Contract Documents.
Copies of Documents
OWNER shall furnish to CONTRACTOR up to three (3) copies (unless otherwise
specified in the Supplementary Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies will be furnished, upon request,
at the cost of reproduction.
Contract Documents
These Contract Documents are complementary and what is called for in one shall be as
binding as if called for in all. The intention of these Contract Documents is to include in
the Contract Price the costs of all labor and materials, water, fuel, tools, plant, equipment,
light, transportation, taxes, bonds, and all other expense and profit as may be necessary
for the proper and complete execution of the work.
Commencement of Contract Time; Notice to Proceed
The Contract Time will commence when the Contractor receives the Notice to Proceed
from the Engineer. CONTRACTOR shall not be paid for any work performed prior to
receiving the Notice to Proceed from the Engineer.
Starting the Project
CONTRACTOR shall start to perform the Work on the date when the Contract Time
commences to run, but no Work shall be done at the site prior to the date on which the
Contract Time commences to run unless such work is specifically approved by the
owner/engineer.
Before Starting Construction
Before undertaking each part of the Work, CONTRACTOR shall carefully study and
compare the Contract Documents and check and verify pertinent figures shown thereon
and all applicable field measurements. CONTRACTOR shall promptly report in writing to
ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from ENGINEER before proceeding
with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER
or ENGINEER for failure to report any conflict, error or discrepancy in the Contract
Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably
have known thereof.
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