5-2026 BCRA Pavement Patching Services - General Conditions.pdf

BRODHEAD CREEK REGIONAL AUTHORITY

GENERAL CONDITIONS

FOR “PAVEMENT PATCHING SERVICES”

BIDS DUE June 24, 2026 – 2:00 P.M.

1. MATERIALS AND WORKMANSHIP

a. Unless otherwise specifically provided for in the Technical Specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanship are referred to in the Technical Specifications as "or equal" or "or equivalent" to any particular standard, the Professional shall decide the qualifications for equality.

b. The Supplier shall furnish to the Owner for approval the manufacturer's detailed specifications for all machinery, and other special equipment, as to type, performance characteristics, and all other pertinent information as required, and shall likewise submit for approval as required full information concerning all other materials or articles being supplied.

c. Machinery, mechanical and other equipment, materials or articles supplied without such prior approval shall be at the risk of subsequent rejection.

d. Materials specified by reference to the number of symbol of a specific standard, such as an A.S.T.M. Standard, an A.W.W.A. Standard, a Federal Specification or other similar standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation to Bid, except as limited to type, class or grade, or modified in such reference. The standards referred to, except as modified in the Technical Specifications shall have full force and effect as though printed herein.

e. The Owner may require the Manufacturer/Distributor/Supplier to dismiss from the work such employee, employees or subcontractor as the Owner or the Professional may deem incompetent, careless, or insubordinate.

2. SAMPLES, CERTIFICATES AND TESTS

a. The Supplier shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the contract documents or required by the Professional, promptly after award of the Contract. No such material or equipment shall be manufactured or delivered to the site, except at the Supplier’s own risk, until the required samples or certificates have been approved in writing by the Professional. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the Contract time.

Each sample submitted by the Supplier shall carry a label giving the name of the Supplier, the project for which it is intended, and the name of the producer. The accompanying certificate or letter from the Supplier shall state that the sample complies with Contract requirements, shall give the name and brand of the produce, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Professional in passing upon the acceptability of the sample promptly.

It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements.

b. Approval of any materials shall be general only and shall not constitute a waiver of the Owner's right to demand full compliance with Contract requirements. After actual deliveries, the Professional will have such check tests made as he deems necessary in each instance and may reject materials and equipment and accessories for cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the work, the Professional will have the right to cause their removal and replacement by proper materials or to demand and secure such preparation by the Supplier as is equitable.

3. INSURANCE

a. The Supplier shall take out and maintain during the life of this contract such Public Liability and Property damage Insurance, Automobile Insurance, and Workmen’s Compensation Insurance as shall protect him and any subcontractors performing work covered by this contract, from claims for damages or personal injury, including accidental death, as well as from claims for Property damage which may arise from operation under this contract whether such operations be by himself or by any subcontractor of anyone directly or indirectly employed by either of them. The minimum limit of such insurance shall be $500,000 for damage to any one person, and $1,000,000 for any one accident. Property damage minimum shall be $1,000,000.

b. The Supplier agrees to indemnify and save harmless the Brodhead Creek Regional

Authority and its representatives from all suits or action of every name and discrepancy brought against them for, or on account of the use of patent rights and any damages or injuries received or sustained by any party or parties, by or from the Supplier, his agents or servants, in the performance of the work under this agreement.

The Supplier further agrees that all or so much of the moneys due him under this agreement as shall or may be considered necessary by the Authority shall be retained by the Authority, until all suits or claims have been settled and evidence to that effect furnished to its satisfaction.

c. A Thirty (30) day Notice of Cancellation must be provided to the Authority and be so indicated on the Certificate for all policies.

Certificates: The Supplier shall submit to the Engineer for approval by the Owner, executed certificates and copies of the insurance policies covering all insurance required by the Contract Documents and shall not be permitted to furnish materials until he has done so, nor until such insurance has been approved by Owner as to companies, amount, coverage and form. In addition, all certificates shall list the Brodhead Creek Regional Authority as an additional insured in the Description of Operations block on the Certificate.

d. APPROVAL/DISAPPROVAL OF INSURANCE - Upon receipt of the Certificate(s) of

Insurance or binders, the Owner will, in writing, identify the policies and indicate its approval or disapproval. New policies from other companies shall be provided in place of those disapproved. Such insurance shall only be carried by insurance companies with an A.M. best rating of A- (except in the case that insurance is required for blasting on-site, for which an A.M. best rating of B+ will be acceptable) and approved by the Owner. All policies shall be kept in force until the Supplier’s materials are accepted by the Owner (unless otherwise specified). Insurance policies (covering all operations under this Contract or, if so noted for extended operations) which expire before the Contractor's work is accepted by the Owner (or where noted for extended operations, through the period of guaranty) shall be renewed and evidence of same submitted to the Owner for its approval.