2026 Deck Sealing Program

Division 1:
General Conditions
For
2026 DECK SEALING PROGRAM
________________________________________________________________________
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 11
Delivery of Bonds 11
Copies of Documents 11
Contract Documents 11
Commencement of Contract Time; Notice to Proceed 11
Starting the Project 11
Before Starting Construction 11
Submission for Review 12
Delivery of Certificates 12
Subcontracts 12
Preconstruction Conference 12
Non-Discrimination 12
Insurance 13
Proof of Carriage Insurance 15
Performance and Payment Bond 15
ARTICLE 2 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 15
Intent 15
Amending and Supplementing Contract Documents: 16
ARTICLE 3 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 16
Availability of Lands 16
Physical Conditions - Underground Facilities 17
Not Shown or Indicated 17
Assignment of Contract 17
ARTICLE 4 - CONTRACTOR'S RESPONSIBILITIES 17
Supervision and Superintendence 17
Labor, Materials and Equipment 18
Substitutes or "Or-Equal" Items 18
Contractor Responsibility 20
Subcontractor Responsibility 20
Permits 20
Laws and Regulations 20
Taxes 20

Use of Premises 21
Record Documents 21
Safety and Protection 22
Emergencies 22
Shop Drawings and Samples 23
Continuing the Work 23
Indemnification: 24
Sanitation 24
Road Closing Requirements 25
ARTICLE 5 - OTHER WORK 27
Related Work at Site 27
ARTICLE 6 - OWNER'S RESPONSIBILITIES 27
Communication 27
Appointment of Engineer 27
Payment 27
Change Orders 27
Inspection 27
Service Termination 28
ARTICLE 7 - ENGINEER'S STATUS DURING CONSTRUCTION 28
Owner's Representative 28
Visits to Site 28
Project Representation 28
Clarifications and Interpretations 28
Authorized Variations in Work 28
Rejecting Defective Work 29
Decisions on Disputes 29
Limitations on Engineer's Responsibilities 29
ARTICLE 8 - CHANGES IN THE WORK 30
Work Modifications 30
Disagreement 30
Contract Price and Time 30
Change orders 31
Notification of Change 31
ARTICLE 9 - CHANGE OF CONTRACT PRICE 31

Change Order 31
Determination of Contract Price 31
Cost of the Work 32
ARTICLE 10 - CHANGE OF CONTRACT TIME 32
ARTICLE 11 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 33
Warranty and Guarantee 33
Access to Work 33
Tests and Inspections 33
Uncovering Work 34
Owner May Stop the Work 34
Correction or Removal of Defective Work 34
Three Years Correction Period 34
Maintenance Bond 34
Acceptance of Defective Work: 35
OWNER May Correct Defective Work: 35
ARTICLE 12 - PAYMENTS TO CONTRACTOR AND COMPLETION 35
Schedule of Values 35
Application for Progress Payment 35
Contractor's Warranty of Title 36
Review of Applications for Progress Payment 36
Substantial Completion 37
Partial Utilization 38
Final Inspection 39
Final Application for Payment 39
Final Payment and Acceptance 39
Contractor's Continuing Obligation 40
Waiver of Claims 40
ARTICLE 13 - SUSPENSION OF WORK AND TERMINATION 40
OWNER May Suspend Work 40
Conditions of Termination by Owner 40
Termination by Owner 41
Conditions of Termination by Contractor 42
ARTICLE 14 - MISCELLANEOUS 43
14.1 Giving Notice 43

14.2 Computation of Time 43
14.3 Bid Submission 43
BID FORM 44
BID BOND 46
CERTIFICATE AS TO CORPORATE PRINCIPAL 49
PERFORMANCE AND PAYMENT BOND 50
AGREEMENT 56

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.
"SUBSTANTIAL COMPLETION" See Paragraph 12.5 of 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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