Bid Package 08 North Well Field - Garney Construction

to meet the requirements of Paragraph 4.01.B, Seller shall promptly notify Buyer and Engineer
and shall, within 20 days after the event giving rise to such notification, provide another bond
and surety, both of which shall comply with the requirements of Paragraphs 4.01.B and 4.02.
4.02 Insurance
A. Seller shall provide insurance of the types and coverages and in the amounts stipulated in the
Supplementary Conditions.
B. Failure of Buyer to demand certificates of insurance or other evidence of Seller's full compliance
with these insurance requirements or failure of Buyer to identify a deficiency in compliance from
the evidence provided shall not be construed as a waiver of Seller’s obligation to maintain such
insurance.
C. Upon assignment of this Contract, Seller shall comply with the written request of assignee to
provide certificates of insurance to assignee.
D. Buyer does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Seller.
E. The insurance and insurance limits required herein shall not be deemed as a limitation on Seller’s
liability under the indemnities granted to Buyer in the Contract Documents.
4.03 Licensed Sureties and Insurers
A. All bonds and insurance required by the Contract Documents to be purchased and maintained by
Buyer or Seller shall be obtained from surety or insurance companies that are duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies
for the limits and coverages so required. Such surety and insurance companies shall also meet
such additional requirements and qualifications as may be provided in the Supplementary
Conditions.
ARTICLE 5 – SELLER’S RESPONSIBILITIES
5.01 Supervision and Superintendence
A. Seller shall supervise, inspect, and direct the furnishing of the Goods and Special Services
competently and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform its obligations in accordance with the Contract
Documents. Seller shall be solely responsible for the means, methods, techniques, sequences,
and procedures necessary to perform its obligations in accordance with the Contract Documents.
Seller shall not be responsible for the negligence of Buyer or Engineer in the design or
specification of a specific means, method, technique, sequence, or procedure that is shown or
indicated in and expressly required by the Contract Documents.
5.02 Labor, Materials and Equipment
A. Seller shall provide competent, qualified and trained personnel in all aspects of its performance
of the Contract.
EJCDC P-700, Standard General Conditions for Procurement Contracts.
Copyright © 2010 National Society of Professional Engineers, American Council of Engineering Companies,
American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.
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