Bid Package 08 North Well Field - Garney Construction

obligations of Bidder under these bonds, subject to Owner’s priority to use the funds for
the completion of the Work.
E. Bidder or surety on behalf of Bidder shall promptly notify the CMAR/Owner of all
claims filed against the Payment Bond. When a claimant has satisfied the conditions
prescribed by Texas Government Code 2253, the Bidder or surety on behalf of Bidder
shall, with reasonable promptness, notify the claimant and CMAR/Owner of the amounts
that are undisputed and the basis for challenging any amounts that are disputed,
including, but not limited to, the lack of substantiating documentation to support the
claim as to entitlement or amount, and the Bidder or surety on behalf of Bidder shall, with
reasonable promptness, pay or make arrangements for payment of any undisputed
amount; provided, however, that the failure of the Bidder or surety on behalf of Bidder to
timely discharge its obligations under this paragraph or to dispute or identify any specific
defense to all or any part of a claim shall not be deemed to be an admission of liability by
the Bidder or surety as to such claim or otherwise constitute a waiver of the Bidder’s or
surety’s defenses to, or right to dispute, such claim.
F. CMAR/Owner shall not be liable for payment of any costs or expenses of any claimant
under Payment Bonds, and shall have no obligations to make payments to, give notices on
behalf of, or otherwise have obligations to claimants under Payment Bonds.”
SC‐5.02
Make the following modifications to 5.02 Licensed Sureties and Insurers
A. Add a new paragraph “B.” as follows:
“B. Insurance companies providing insurance required by Contract Documents shall have
a minimum rating of A‐VIII according to A.M. Best Company.”
SC‐5.03 Make the following modifications to 5.03 Certificates of Insurance
A. Delete the following from Paragraph 5.03 A.:
“Owner shall deliver to CMAR, with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance (and other evidence of insurance
requested by CMAR or any other additional insured) which Owner is required to purchase
and maintain.”
SC‐5.04 The following additional information is provided as required by paragraph 5.04 CMAR’s Liability
Insurance and will be required by the Bidder as applicable.
“A. The limits of liability for the insurance required by Paragraph 5.04 of the General
Conditions shall provide the following coverage for not less than the following amounts or
greater where required by Laws and Regulations.
Supplementary Conditions (Revised per Garney)
Colorado River Municipal Water District
Ward County Water Supply Expansion Project - Pump Stations 00 73 00 - 8
12/28/2011