ESBD_554003_1787859423635_03_TX 2018 Supplementary Modifications (2015 SGC).pdf
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- Attached to
- Jones Hall - Phase III
- Solicitation number
- RFP-731-26-011-JC
- Issued by
- Texas
About this file
This document is a 2018 Supplementary General Conditions amendment to the State of Texas 2015 Uniform General Conditions for Construction Contracts, specifically applicable to the Jones Hall - Phase III project in Texas. The supplementary conditions modify bonding and insurance requirements, establishing that a Performance Bond is required for contract sums exceeding $100,000 and a Payment Bond is required for contract prices exceeding $25,000. For Construction Manager-at-Risk Contracts, the Owner retains discretion to accept Performance and Payment Bonds in the amount of the guaranteed maximum price (GMP) rather than the full contract sum. Both bond forms must be approved by the Texas Office of the Attorney General and the Performance Bond must remain effective through the Contractor's warranty period. The document also establishes insurance delivery requirements, mandating that General Contractor certificates be provided to the Owner prior to issuance of any Notice to Proceed.
The supplementary conditions further impose Buy America requirements under Texas Government Code Section 2252.202, requiring that all iron and steel products used in construction—including rolled structural shapes, wide flange beams, columns, angles, bars, plates, sheets, hollow structural sections, and pipe—be produced, manufactured, and fabricated in the United States. The document clarifies that insurance coverage and liability limits do not constitute a waiver of the Contractor's indemnification obligations and do not limit the Contractor's overall liability under the contract documents. Additionally, failure by the Owner to demand insurance certificates or identify compliance deficiencies is explicitly stated as not constituting a waiver of the Contractor's obligation to maintain required insurance.
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2018 SUPPLEMENTARY GENERAL CONDITIONS
TO THE STATE OF TEXAS 2015 EDITION OF THE UNIFORM GENERAL
CONDITIONS FOR CONTRACTS
The following Supplementary General Conditions amend and/or supplement the 2015 edition of the Uniform General Conditions for Construction Contracts and, at TFC’s sole discretion, provides for bonding per GMP.
Article 5. Bonds and Insurance
5.1. Construction Bonds.
Subsection 5.1.1.1 is supplemented to modify 5.1.1.1, as follows:
A Performance bond is required if the Contract Sum is in excess of $100,000. The performance bond is solely for the protection of Owner.
Except for Construction Manager-at-Risk Contracts where, in Owner’s sole discretion and determination, a Performance Bond is acceptable in the amount of the guaranteed maximum price (GMP), the performance bond is to be for the Contract Sum to guarantee the faithful performance of the Work in accordance with the Contract Documents. The form of the bond shall be approved by the Office of the Attorney General of Texas. The performance bond shall be effective through Contractor’s warranty period.
Subsection 5.1.1.2 is supplemented to modify 5.1.1.2, as follows:
A Payment bond is required if the Contract price is in excess of $25,000. Except for Construction Manager-at-Risk Contracts where, in Owner’s sole discretion and determination, a Payment Bond is acceptable in the amount of the guaranteed maximum price (GMP), the payment bond is to be for the Contract Sum and is payable to Owner solely for the protection and use of payment bond beneficiaries. The form of the bond shall be approved by the Office of the Attorney General of Texas.
5.2 Insurance Requirements.
Subsection 5.2.4 is supplemented to add the following new paragraphs:
5.2.4.1 Contractor shall deliver to Owner true and complete copies of the General Contractor’s certificates prior to the issuance of any Notice to Proceed.
5.2.4.2 Failure of Owner to demand such certificates or other evidence of
Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.
5.2.4.3 The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents.
5.2.4.4 The insurance coverage and limits established in the Uniform General
Conditions, Supplementary General Conditions, or Special Conditions shall not be interpreted as any representation or warranty that the insurance coverage and limits necessarily will be adequate to protect Contractor.
Article 2. Wage Rates and Other Laws Governing Construction
Add Section 2.7 as follows:
2.7 Buy America Requirements for Iron and Steel Used in Construction. In accordance with Texas Government Code 2252, Section 2252.202, all iron or steel products (i.e., rolled structural shapes including wide flange beams and columns, angles, bars, plates, sheets, hollow structural sections, pipe, etc.) shall be produced, manufactured and fabricated in the United States.
End of Supplementary General Conditions
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