ADDENDUM NO. 1 - RFP No. 2026-14 for Broadband Construction Services

ADDENDUM NO. 1
Date Issued: September 30, 2026
RFP: RFP No. 2026-14 - Broadband Construction Services
Proposal Deadline: October 2, 2026 at 11:00 AM
To All Prospective Respondents:
This Addendum No. 1 is issued by the City of Rio Grande City to modify and supplement RFP
No. 2026-14, Broadband Construction Services. This Addendum forms part of the RFP and
shall be incorporated into each Respondent's Proposal. Except as expressly modified by this
Addendum, all other terms and requirements of RFP No. 2026-14 remain unchanged.
Item No. 1: Contract Form
The City of Rio Grande City is issuing the Construction Agreement attached to this Addendum
as Attachment 1 as the contract form applicable to RFP No. 2026-14.
Respondents shall review the Construction Agreement in its entirety and shall incorporate into
their proposed pricing and Project schedule all requirements, obligations, costs, and risks
reflected in the Construction Agreement.
The attached Construction Agreement will serve as the form of contract to be entered into with
the successful Respondent, subject to completion of applicable blanks, incorporation of the
accepted pricing, final Project information, and other matters to be completed at award and
execution.
Item No. 2: Revised Attachment B - Prevailing Wage Rate Schedule
Attachment B to RFP No. 2026-14 is deleted and replaced in its entirety by the Revised
Attachment B - Prevailing Wage Rate Schedule included with this Addendum. Respondents
shall base their proposed pricing on the prevailing wage requirements, classifications, hourly
rates, fringe benefits, and related requirements contained in Revised Attachment B.
Item No. 3: Effect on Proposal Pricing
Respondents shall review this Addendum and all attachments in their entirety and shall
incorporate into their Proposal all costs associated with the Construction Agreement and
Revised Attachment B, including, without limitation, bonding and bond-delivery requirements,
retainage, certifications and statutory verifications, prevailing wages, insurance requirements,
and all other requirements that may affect the cost or performance of the Work.
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Respondents shall be deemed to have reviewed and accepted the terms of the Construction
Agreement in preparing their Proposal.
Item No. 4: Contingent Trench-Safety and Special-Shoring Pricing
The contingent trench-safety and special-shoring unit prices requested in Section 16 of RFP No.
2026-14 shall be provided by each Respondent but shall not be included in the Respondent's
Base Proposal Total for purposes of establishing the initial Contract Price or evaluating
Proposed Cost. Such contingent items shall be payable only if the applicable Work becomes
necessary, is authorized in writing by the City, and is actually performed, as provided in the
Construction Agreement.
For avoidance of doubt, the City's estimated 1,507 linear feet identified in the original RFP for
contingent trench-safety proposal evaluation does not constitute an anticipated or guaranteed
quantity of trench excavation.
Item No. 5: Proposal Deadline
The deadline for submission of proposals has been extended. Proposals must be received no
later than October 2, 2026 at 11:00 AM, in accordance with the submission requirements of RFP
No. 2026-14, as modified by this Addendum No. 1. All references in RFP No. 2026-14 to the
October 1, 2026 proposal deadline are hereby revised to October 2, 2026 at 11:00 AM.
Item No. 6: Acknowledgment of Addendum
Each Respondent shall acknowledge receipt of this Addendum in its Proposal. Respondents
shall identify Addendum No. 1 and its date of issuance on the Proposal Signature and
Acknowledgment Page included as Exhibit 5 to RFP No. 2026-14. In addition, Respondents
shall sign the acknowledgment below and include a copy of this Addendum with their Proposal.
Failure to acknowledge this Addendum may render a Proposal nonresponsive to the extent
permitted by the RFP and applicable law.
Item No. 7: Remaining RFP Requirements
Except as expressly modified by this Addendum No. 1, all terms, conditions, specifications,
requirements, and provisions of RFP No. 2026-14 remain in full force and effect.
Attachments:
Attachment 1 - Construction Agreement (Contract Form)
Revised Attachment B to RFP No. 2026-14 - Prevailing Wage Rate Schedule
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ACKNOWLEDGMENT OF ADDENDUM NO. 1
The undersigned acknowledges receipt of Addendum No. 1 to RFP No. 2026-14, Broadband
Construction Services, and confirms that the Addendum and its attachments have been
reviewed and incorporated into the Respondent's Proposal.
Respondent/Firm Name: _______________________________________________________
Authorized Representative:_____________________________________________________
Title: _______________________________________________________
Signature: __________________________________________________
Date: _______________________________________________________
IMPORTANT: This Addendum No. 1 must be acknowledged as required by RFP No. 2026-14.
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CONSTRUCTION AGREEMENT
STATE OF TEXAS
COUNTY OF STARR
This Construction Agreement ("Agreement") is entered into effective as of the date of full execution by and
between the City of Rio Grande City, Texas, a Texas municipal corporation ("City" or "Owner"), and
[CONTRACTOR LEGAL NAME], a [STATE AND FORM OF ENTITY] ("Contractor").
1. Parties and Project:
1.1 City engages Contractor, and Contractor agrees, to furnish all labor, supervision, materials, equipment,
tools, transportation, incidentals, testing, restoration, documentation, and services necessary to complete the Rio
Grande City Public Library Broadband Construction Services Project under RFP No. 2026-14 (the "Project"), all
in strict accordance with the Contract Documents.
1.2 The Project generally includes underground installation of a high-speed fiber-optic connection between
the City Network Operations Center ("NOC") and the Rio Grande City Public Library, together with conduit,
fiber placement, splicing, termination, testing, Library and NOC equipment and materials, restoration, closeout,
and all ancillary Work necessary for a complete and operational installation.
1.3 The current design contemplates approximately 1,507 linear feet of outside plant fiber route, including
approximately 60 linear feet within Texas Department of Transportation ("TxDOT") right-of-way. Horizontal
directional drilling or boring is the anticipated primary underground construction method. Final quantities,
alignment, details, and technical requirements are governed by the Contract Documents.
2. Contract Documents:
2.1 The following are collectively referred to as the "Contract Documents" and are incorporated into this
Agreement as if fully set out herein:
a. this Construction Agreement;
b. the City's Request for Proposals, RFP No. 2026-14, Broadband Construction Services, dated September
16, 2026, including Attachment A (Library and NOC Equipment and Materials Schedule), Attachment
B (Prevailing Wage Rate Schedule), as revised by Addendum No. 1, all exhibits, specifications, and
other attachments;
c. Addenda No(s). 1 issued by the City;
d. Contractor's Proposal submitted in response to RFP No. 2026-14, dated ______________, including the
accepted pricing and proposed schedule;
e. the final accepted Unit Price and Lump-Sum Pricing Schedule, attached as Exhibit A;
f. The Design Information and Rough Order of Magnitude (ROM) Cost Estimate prepared by the City's
Designated Engineer, Cobb, Fendley & Associates, Inc., for the City of Rio Grande City, dated August
28, 2026, and for TxDOT dated September 14, 2026, revision ______________; and
g. approved written Change Orders and Construction Change Directives, if any.
2.2 In the event of a conflict among the Contract Documents, the order of precedence shall be:
a. written Change Orders and Construction Change Directives executed after this Agreement;
b. this Agreement;
c. addenda;
d. final engineering plans and technical specifications identified in Section 2.1(f);
e. the RFP and its attachments; and
f. Contractor's Proposal and accepted pricing schedule.
Subject to Section 2.2(a), this Agreement controls on legal and commercial terms. If the Contract Documents
conflict on a technical, safety, or construction requirement, the more stringent requirement controls unless the
City directs otherwise in writing.
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2.3 Contractor acknowledges that it has reviewed the Contract Documents, examined the Project
requirements, visited or otherwise evaluated the site as necessary, and satisfied itself as to the nature of the
Work, conditions affecting performance, and applicable legal and permit requirements.
3. Contract Price:
3.1 Subject to the terms of this Agreement and lawful adjustments by written Change Order, the City agrees
to pay Contractor an amount not to exceed [WRITTEN AMOUNT] Dollars ($[NUMERICAL AMOUNT]) (the
"Contract Price").
3.2 The Contract Price is based on Contractor's accepted Proposal and shall be administered using the
following pricing structure: (a) the accepted unit price per linear foot for underground outside plant fiber
construction; (b) the accepted lump-sum price for Library and NOC equipment, materials, and other Work not
included in the unit price; and (c) any amounts payable for contingent trench-safety protection or special
shoring, if required, but only to the extent such work is authorized in writing by the City and performed by the
Contractor, based on the applicable unit prices set forth in Exhibit A. No amount is payable for contingent
trench-safety protection or special shoring unless the City authorizes that Work in advance by written Change
Order or Construction Change Directive stating the authorized quantity and price.
3.3 Final compensation for unit-priced Work shall be based on actual accepted quantities, subject to the
Contract Documents and authorized changes. Estimated quantities used for proposal evaluation do not guarantee
payment for that quantity.
3.4 No increase in the Contract Price is valid unless authorized in writing by the City in accordance with
Section 12 and, when required by law or City policy, approved by the City Council.
4. Time of Performance and Grant Deadlines:
4.1 Contractor shall commence Work only after receiving a written Notice to Proceed from the City. The
City will not issue the Notice to Proceed until the City has received and approved the required bonds, the
required certificates of insurance and endorsements, and the certifications required by Section 24.
4.2 Time is of the essence. Contractor shall achieve Substantial Completion no later than December 15,
2026.
4.3 Contractor shall achieve Final Completion, complete all required testing and punch-list Work, and
submit all required closeout documentation no later than December 21, 2026.
4.4 Contractor shall submit its final invoice no later than December 21, 2026, together with all
documentation reasonably required for review and payment. Contractor acknowledges that the Project is
grant-funded and that all grant-funded Work must be invoiced and paid within the applicable grant period, which
ends December 31, 2026 (the "Grant Deadline"). Contractor shall cooperate with expedited review and closeout
procedures necessary to meet that deadline. Contractor's deadlines in Sections 4.2 through 4.4 are intentionally
earlier than the Grant Deadline so that the City has time to review, approve, and pay the final invoice and submit
its reimbursement documentation.
4.5 The City may adjust interim milestone dates by written notice or Change Order; however, no adjustment
shall extend or modify the Grant Deadline. All Work, closeout documentation, final invoicing, and other
requirements necessary for grant compliance must be completed in sufficient time to allow payment before the
Grant Deadline. The Grant Deadline is absolute, firm, and non-extendable.
4.6 If Contractor fails to meet a deadline in Sections 4.2 through 4.4 (other than a deadline the City has
extended in writing under Section 22, or a failure caused by the City), Contractor shall be liable to the City for
any grant funding for the Project that is lost, disallowed, or not reimbursed as a result. The parties agree that lost
grant funding under this Section constitutes direct damages. The City may offset that amount against any sums
owed to Contractor.
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5. Scope of Work and Standard of Performance:
5.1 Contractor shall perform the Work in a good and workmanlike manner, in strict compliance with the
Contract Documents, applicable City standards, applicable TxDOT specifications referenced in the Contract
Documents, accepted construction practices, and all federal, state, and local laws, ordinances, rules, regulations,
and permit requirements.
5.2 Contractor is solely responsible for construction means, methods, techniques, sequences, procedures,
jobsite safety, personnel, subcontractors, suppliers, and timely performance of the Work.
5.3 Contractor shall furnish and install the fiber-optic infrastructure specified in the Contract Documents,
including conduit, fiber cable, splicing, termination, fiber termination equipment, patch panels, labeling, records,
and related infrastructure necessary for a complete installation.
5.4 Provisioning and testing of active network electronics shall be performed by the City's designated
Information Technology (IT) representative or the applicable equipment vendor, unless the Contract Documents
expressly assign that responsibility to Contractor.
5.5 Contractor shall keep the Project site reasonably clean and orderly; protect adjoining property, existing
facilities, utilities, rights-of-way, Library users, City personnel, and the public; remove construction debris; and
restore disturbed surfaces and improvements to a condition acceptable to the City.
5.6 All equipment and materials shall be new unless expressly approved otherwise and shall meet the
requirements of Attachment A to the RFP. Equipment furnished for the Library and NOC shall be compatible
with the City's existing core switches and fiber infrastructure and shall support 1 Gigabit Ethernet (1 GbE)
connectivity as required by Attachment A.
5.7 Contractor shall not perform professional engineering design services unless separately authorized in
writing by the City. Contractor shall not modify the engineered design, alignment, plans, specifications, or other
material technical requirements of the Project without prior written authorization from the City.
6. Testing, Commissioning, and Acceptance:
6.1 Contractor shall perform, or arrange for qualified personnel to perform, all fiber testing and
commissioning required by the Contract Documents, including as applicable fiber continuity testing, optical loss
testing, Optical Time-Domain Reflectometer ("OTDR") testing, verification of splices and terminations,
installed cable lengths, attenuation or fault identification, structured network-cabling testing, and any additional
required testing.
6.2 Contractor shall provide complete test results, reports, certifications, and related documentation. Any
installation that does not satisfy applicable testing requirements shall be corrected and retested at no additional
cost to the City.
6.3 All Work is subject to observation, inspection, review, and testing by the City, TSLAC, and other
authorized representatives, as applicable. The City's Designated Engineer may provide observation and
technical review only to the extent authorized under its separate agreement with the City.
6.4 Final acceptance shall occur only after construction and fiber/network installation are complete;
required testing is successfully completed; deficiencies, restoration, and punch-list items are complete; required
closeout documentation is submitted; the Designated Engineer has completed its applicable review; and the City
has accepted the Work in writing.
6.5 Final acceptance does not waive warranty obligations, latent defects, or other obligations that continue
under the Contract Documents.
7. Utility Coordination, TxDOT Right-of-Way, and Trench Safety:
7.1 Before excavation, boring, drilling, or trenching, Contractor shall comply with Chapter 251 of the Texas
Utilities Code and applicable one-call requirements. Contractor shall field-verify underground facilities and shall
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pothole or otherwise physically verify the location and depth of facilities that may conflict with the Work before
boring or trenching in the affected area.
7.2 Contractor is responsible for repairing, at its cost, facilities damaged by its operations or those of its
subcontractors. Contractor shall promptly notify the City and Designated Engineer of unforeseen utility conflicts
and shall not relocate or modify an existing utility without appropriate authorization.
7.3 Approximately sixty (60) linear feet of the route lies within TxDOT right-of-way. Contractor shall
perform all Work in TxDOT right-of-way in accordance with the applicable approved permit and TxDOT
requirements, provide required traffic control, and restore the right-of-way to TxDOT standards. Contractor shall
not begin Work within TxDOT right-of-way until the applicable permit has been issued and made available to
Contractor.
7.4 The Project is presently anticipated to be constructed by horizontal directional drilling or boring along
the approximately 1,507 linear-foot route, with boring depths exceeding five (5) feet in some or all portions of
the Project as required by the final design and field conditions. Horizontal boring that does not create an open
trench is not considered trench excavation solely because the bore exceeds five (5) feet in depth.
7.5 If the Work includes trench excavation exceeding five (5) feet in depth, Contractor shall design, provide,
and maintain a trench safety system complying with Subchapter C, Chapter 756, Texas Health and Safety Code,
and 29 C.F.R. Part 1926, Subpart P. Authorized trench-safety protection and special shoring shall be
compensated only in accordance with the applicable unit prices in Exhibit A and the Contract Documents.
8. Bonds:
8.1 As required by Texas Government Code Section 2253.021, if the Contract Price exceeds $50,000,
Contractor shall furnish a payment bond in the full amount of the Contract Price. If the Contract Price exceeds
$100,000, Contractor shall also furnish a performance bond in the full amount of the Contract Price.
8.2 Contractor shall furnish a two (2) year maintenance bond in the amount of ten percent (10%) of the
Contract Price, running from the date of final acceptance.
8.3 Each required bond shall be payable to the City, in a form approved by the City, executed before
Contractor begins Work, and issued by a corporate surety authorized and admitted to do business in Texas,
licensed to issue the required amount, acceptable to the City, and satisfying the surety requirements stated in the
RFP. Contractor shall deliver all required bonds, including the maintenance bond, within ten (10) days after the
City gives Contractor written notice of the award, and in all events before the Notice to Proceed.
8.4 Contractor's failure to timely furnish acceptable bonds shall constitute a material default.
9. Insurance:
9.1 Before any Work begins, and as a condition precedent to the City's issuance of a Notice to Proceed,
Contractor shall procure and maintain during the term of this Agreement the insurance required below and shall
maintain products and completed operations coverage for one (1) year after final acceptance, unless the City
approves different requirements in writing:
a. Commercial General Liability, including bodily injury, property damage, personal and advertising injury,
products and completed operations, and contractual liability, with limits of not less than $1,000,000 per
occurrence and $2,000,000 general aggregate. The policy shall not exclude explosion, collapse, or
underground property damage (XCU) hazards;
b. Business Automobile Liability covering owned, hired, and non-owned vehicles, with a limit of not less than
$1,000,000 combined single limit per accident;
c. Workers' Compensation at statutory limits and Employer's Liability of not less than $1,000,000 each
accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee;
d. Umbrella or Excess Liability of not less than $1,000,000 per occurrence, following form over the coverages
required above; and
e. any additional insurance coverage required by the Contract Documents.
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9.2 The Commercial General Liability, Business Automobile Liability, and Umbrella or Excess Liability
policies shall name the City, its officers, agents, employees, and elected officials as additional insureds, shall be
endorsed as primary and non-contributory with respect to any insurance carried by the City, and shall include a
waiver of subrogation in favor of the City. The Workers' Compensation policy shall include a waiver of
subrogation in favor of the City. All policies shall provide for thirty (30) days written notice to the City before
cancellation or material change, except ten (10) days for nonpayment of premium.
9.3 All insurance required by this Agreement shall be written by insurers authorized to do business in the
State of Texas and acceptable to the City.
9.4 Certificates of insurance and required endorsements shall be delivered to and approved by the City before
the Notice to Proceed. Contractor shall comply with Texas Labor Code Section 406.096 and 28 Texas
Administrative Code Section 110.110, including applicable notices, certificates, reports, posting requirements,
and subcontract provisions.
9.5 Contractor shall require each subcontractor to maintain applicable coverage with the same limits and
endorsements, or shall cover the subcontractor under Contractor's policies.
9.6 Contractor's insurance obligations do not limit Contractor's liability under this Agreement.
10. Payment:
10.1 Contractor shall submit itemized pay applications not more frequently than monthly, in a form
acceptable to the City, supported by such backup as the City may reasonably require, including quantities,
invoices, lien waivers or releases as appropriate, payroll or subcontractor information if requested, and
certification that amounts previously paid have been properly applied.
10.2 The City Secretary will administer pay applications. Pay applications exceeding $5,000 are subject to
City Council approval. No payment is due unless the City determines that the Work for which payment is
requested has been properly performed and that the pay application is complete and accurate.
10.3 The City may withhold all or part of a payment to protect the City from loss or potential loss resulting
from defective or nonconforming Work, third-party claims, failure to pay subcontractors or suppliers, disputed
quantities, failure to comply with the Contract Documents, grant-compliance deficiencies, or other Contractor
default.
10.4 Final payment is conditioned on final completion and written acceptance by the City; successful testing;
completion of restoration and punch-list items; submission of closeout and as-built/redline documentation;
delivery of warranties; submission of final releases or other evidence reasonably requested by the City
concerning payment of subcontractors and suppliers; and resolution of claims and deficiencies.
10.5 No payment, including final payment, constitutes acceptance of defective or nonconforming Work. City
payment obligations are subject to lawful appropriation, availability and receipt of grant funds, and applicable
grant requirements.
10.6 Payments under this Agreement are governed by Chapter 2251, Texas Government Code. If the City
disputes all or part of a pay application, the City will notify Contractor in writing within the time required by
that chapter. Contractor shall pay its subcontractors and suppliers their share of each payment within ten (10)
days after Contractor receives payment from the City, as required by Section 2251.022, Texas Government
Code.
11. Retainage:
11.1 The City shall withhold retainage of five percent (5%) from each progress payment, which is within the
limit set by Section 2252.032, Texas Government Code. For purposes of this Agreement, Substantial
Completion occurs when the City certifies in writing that the fiber connection between the NOC and the Library
is installed and operational for its intended purpose, with only minor punch-list items, final test documentation,
and closeout remaining. The City shall release retainage with final payment after final acceptance of the Work
under Section 6.4, less any amounts the City is entitled to withhold under Section 10.3. Because the Project is
grant-funded, retainage shall be released in time to be paid before the Grant Deadline, and Contractor shall not
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delay closeout in a way that prevents timely release. Contractor may not withhold a greater percentage of
retainage from its subcontractors than the City withholds from Contractor.
12. Changes in the Work:
12.1 The City may, without invalidating this Agreement, order changes within the general scope of the
Project.
12.2 No extra work, added cost, or time extension shall be allowed unless authorized by written Change
Order executed by the City and Contractor, except where the City issues a written Construction Change
Directive pending price resolution.
12.3 Contractor shall not rely on oral statements by City personnel as authorization for changes, extra work,
additional compensation, or time extensions.
12.4 A request for change shall include, as applicable, a description and reason for the change, labor and
material costs, subcontractor costs, schedule impact, quantities, technical impacts, and supporting
documentation requested by the City.
12.5 Differences between estimated quantities used for proposal evaluation and final or actual quantities
required for construction shall be addressed using the applicable unit prices in Exhibit A and the procedures of
this Section. Quantity differences alone do not require renegotiation of established unit prices.
12.6 If Contractor contends that an event entitles it to an adjustment in time or price, Contractor must
provide written notice to the City within the time required by the Contract Documents or, if no time is stated,
within five (5) business days after the event giving rise to the claim, or the claim is waived to the extent
permitted by law. Contractor shall submit supporting cost and schedule documentation within twenty-one (21)
days after its notice unless the City allows more time in writing. The five (5) business day notice applies to
requests for an adjustment in time or price. As a condition precedent to suit on a claim for damages under this
Agreement, Contractor shall give the City written notice of the claim within ninety (90) days after the event
giving rise to the claim, consistent with Section 16.071, Texas Civil Practice and Remedies Code.
12.7 Only the City Manager, or the City Council when its approval is required, may approve a Change Order
or Construction Change Directive for the City. The Designated Engineer, the Library Director, the grant
administrator, and other City staff or consultants have no authority to approve changes in the Work, the Contract
Price, or the time for completion of the Work. Change Orders are subject to Section 252.048, Texas Local
Government Code, to the extent applicable, including City Council approval of any Change Order that exceeds
the authority delegated to the City Manager and the prohibition on increasing the original Contract Price by
more than twenty-five percent (25%). Contractor shall not proceed with any change that requires TSLAC
approval until the City notifies Contractor in writing that the approval has been obtained.
13. Inspection / Rejection of Work:
13.1 The City may inspect the Work at any time.
13.2 The City may reject any work or materials that do not conform to the Contract Documents.
13.3 Contractor shall promptly remove and replace rejected work at its sole cost and without extension of
time unless otherwise approved in writing by the City.
13.4 Review, observation, inspection, testing, comment, recommendation, payment, or other action by the City
or the City's Designated Engineer does not relieve Contractor of responsibility for compliance with the Contract
Documents, construction quality, safety, construction means, methods, techniques, sequences, and procedures,
performance of subcontractors and suppliers, correction of defective or nonconforming Work, or timely
completion of the Project.
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14. Warranty and Maintenance:
14.1 Contractor warrants that all labor, materials, equipment, and workmanship furnished under this
Agreement shall be new unless otherwise permitted, of good quality, free from defects, and in strict compliance
with the Contract Documents.
14.2 Contractor warrants the Work against defects in materials and workmanship for a period of two (2) years
from the date of final acceptance by the City, or for any longer period established in the Contract Documents or
applicable manufacturer warranty.
14.3 Upon notice from the City, Contractor shall promptly correct warranty defects at no additional cost to
the City. If Contractor fails to do so within a reasonable time, the City may correct the defect and recover its
costs from Contractor or the applicable surety.
14.4 Contractor shall provide to the City all applicable manufacturer warranties for fiber-optic cable,
telecommunications components, network equipment, and other installed materials at Project closeout.
Contractor remains responsible for warranty obligations associated with subcontracted Work.
15. Prevailing Wages:
15.1 This Project is a public work subject to Chapter 2258 of the Texas Government Code. Contractor and
each subcontractor shall pay not less than the prevailing wage rates adopted by the City and set out in
Attachment B to the RFP, which is incorporated into this Agreement.
15.2 Contractor shall properly classify workers, maintain payroll and employment records required by law,
and make those records available to the City for inspection. Contractor shall require its subcontractors to comply
with the same obligations.
15.3 As required by Section 2258.023, Texas Government Code, a contractor or subcontractor that violates
that section shall pay to the City sixty dollars ($60) for each worker employed for each calendar day or part of
the day that the worker is paid less than the wage rates stipulated in this Agreement. The City may withhold the
amount of any such penalty from payments due to Contractor to the extent permitted by Chapter 2258, Texas
Government Code. This penalty is in addition to the other remedies available under Chapter 2258 and applicable
law.
15.4 The Project is funded through the Coronavirus Capital Projects Fund ("CPF"), Assistance Listing No.
21.029. As stated in the RFP, federal Davis-Bacon Act prevailing-wage requirements do not apply to a project
funded solely through CPF unless otherwise required by applicable federal law. If an additional funding source
triggers federal prevailing-wage requirements, the parties shall amend the Contract Documents in writing
accordingly. Independent of any federal Davis-Bacon requirements, the Project constitutes a public work subject
to Chapter 2258 of the Texas Government Code. The Contractor and all applicable subcontractors shall comply
with the prevailing-wage requirements established by the City pursuant to Section 15.1 and Attachment B to the
RFP.
16. Federal and Grant Compliance:
16.1 The Project is funded through the SFY 2026 Library Infrastructure Facility Improvement ("LIFI") Grant
Program administered by the Texas State Library and Archives Commission ("TSLAC"). Contractor shall
comply with all applicable grant conditions and with the federal contract requirements incorporated through the
RFP, including applicable provisions required by 2 C.F.R. Section 200.327 and Appendix II to 2 C.F.R. Part 200.
16.2 Contractor shall retain Contract records for at least five (5) years after final payment and, in all events,
for not less than three (3) years from submission of the final expenditure report for the grant, or for any longer
period required by TSLAC, applicable law, or the Contract Documents.
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