Addenda1_Placemaking_20251113.pdf

Addenda No. 1 to the Invitation for Bid for the South Beach Placemaking Project Page 1 of 7 November 13, 2025

CITY OF NEWPORT

169 SW COAST HWY

NEWPORT, OREGON 97365

phone: 541.574.0629 fax: 541.574.0644 http://newportoregon.gov

COAST GUARD CITY, USA

Mombetsu, Japan, Sister City

Date: November 13, 2025 Addenda No. 1

To: Plan Holders

Prepared By: Anna Iaukea, Urban Renewal Project Manager

Subject: South Beach Placemaking Project

DRAWINGS

1. Landscape Sheets

a. Replace LA‐13 with the attached LA‐13 Planting, Paving & Materials Plan South Central Addendum #1: See adjusted bollard light locations.

2. Electrical Seets

a. Replace EL‐1 with the attached EL‐1 Addendum #1. Updates include revised circuit assignments at light fixtures B16 through B19.

b. Replace EL‐2 with the attached EL‐2 Addendum #1: Adjusted fixture locations of Light Fixtures B27 ‐ B33. See adjusted location of Junction Box JB2.

c. Replace EL‐3 with the attached EL‐3 Addendum #1: No change this addendum

d. Replace EL4 with the attached EL‐4 Addendum #1: See revised light fixture circuit assignments in one line diagram. See clarified circuit assignment references in Notes 1, 4 and 7.

SPECIFICATIONS

1. Landscape Sheets

a. Replace Specification 321316 Decorative Paving with the attached 321316 Decorative Paving Addendum #1: Additional supplier added.

GENERAL NOTES

1. See attached Mater Plant Schedule for reference.

2. Assume thirty (30) existing boulders to be relocated for bid. Actual locations and placements to be approved by Landscape Architect.

3. Alternate #6 – Precast Concrete with Metal Inlay:

a. Specification Section 32 14 13, 2.2.B, Remove 1.5” thickness, replace with ½” thickness.

b. A poured in‐place concrete panel may be installed in lieu of the specified precast concrete panel. The poured in place panel is to be full depth of the adjacent paving. The

Addenda No. 1 to the Invitation for Bid for the South Beach Placemaking Project Page 2 of 7 metal inlay is to be wet‐set and is to include metal anchor pins welded to inlay as approved in Delegated Design Drawing. Color and texture of concrete to remain as specified.

c. Should poured in‐place option be utilized, the surrounding concrete paving thickness may be reduced to 4”.

d. Link to Octopus Inlay CAD file ‐ https://dladesign‐ my.sharepoint.com/:f:/p/luzannes/EsbdBqxsFZZFl79buTT_Mn8BVwVVMst2M6b0Ofy6Zf JTCQ?e=CzQIiC

4. Dates to be aware of which may require shifting work areas as necessary to avoid or reduce conflicts with the following events:

a. February 19‐22, 2026 Food and Wine Festival

b. May – August (estimated): Sport Pacific Halibut Season. Specific dates will be announced in February 2026 by the Oregon Department of Fish and Wildlife.

c. Late March – Mid April 2026: Spring break for schools in Oregon, Washington and Idaho.

5. A 2.3‐acre parcel located at the northwest corner of Ferry Slip Road and SE 35th Street is available for construction staging for the duration of the project.

6. Clarification: A City of Newport Right‐of‐Way permit will not be required for this project.

7. The budget for this project is approximately $1,300,000.

RESPONSES TO QUESTIONS

1. Q: Does the City have a recommended supplier for crushed oyster shells?

A: No, the City does not have a recommended supplier for crushed oyster shells. The Invitation to Bid states “an equal blend of ½” ‐ ¾” open crushed rock with locally sourced crushed oyster shells….” If a local source is not available, other sources will be acceptable.

2. Q: For Alternate No.6 – Who is Sourcing/Furnishing the Inlay materials? Or do you have a Source For us to use to Furnish them? Also, can they Be Cast in Place?

A: The City has not identified a source for the inlay materials. They can/can’t be cast in place.

3. Q: Can you confirm that all colored concrete should have a light broom finish?

A: Medium broom finish per Specifications 32 13 16 3.3H.

4. Q: What type of curing compound will be required for non‐colored concrete pavement?

A: ASTM C309, Type 1 or Type 1‐D clear curing compound. ODOT Standard Construction Specifications Section 00759.

5. Q: Drawings and specs call for a medium acid etch finish in certain areas, but no product is specified. Can a product be specified as a basis for design?

A: Acid etch product: Hydrochloric (muriatic) acid or Phosphoric acid.

6. Q: Should retaining walls and art bases included in alternates have acid etched finish on exposed surfaces, to match seat walls and art bases in the base bid?

A: Yes

Addenda No. 1 to the Invitation for Bid for the South Beach Placemaking Project Page 3 of 7

CONTRACT DOCUMENTS

1. EJCDC Form C‐520 Agreement, Section 4.02.A

Replace the first part of the sentence with: The Work will be substantially complete within nine (9) months after Notice to Proceed…

2. EJCDC Form C‐200 Instructions to Bidders, Article 13 Basis of Bid.

Add the following sentence to the end of paragraph 13.01.A:

The successful Contractor will be selected by determining the lowest bid based on the base bid added to the total price of all alternates. Contractor must include a price for ALL alternates to be considered.

3. EJCDC Form 520 Agreement: Replace the language in Article 9.06.K in its entirety with:

Each party acknowledges and agrees that the Oregon Department of Transportation is a third‐ party beneficiary of the representations, warranties and covenants of this Contract, and that the Oregon Department of Transportation is otherwise an express third party beneficiary of this Contract, entitled to enforce the terms hereof as if it were an original party hereto.

4. C‐520 Article 7 Contract Documents. Replace paragraph 7.01.E with the following:

E. In the event of any conflict, the terms of this Agreement shall control, followed by the Invitation to Bid, the Contractor’s Bid, then all of the other exhibits.

5. EJCDC Form 520 Agreement: Add the following paragraph after Article 8.02.A:

B. By signing of this Contract, the undersigned certifies to the City that:

1. The undersigned person has the power and authority to execute this Contract on behalf of Contractor, and to bind Contractor to its terms;

2. Contractor will, at all times during the term of this Contract, be qualified and professionally competent, and possess any licenses required to provide the Work under this Contract;

3. Contractor has not discriminated, in violation of ORS 279A.110(1), against disadvantaged business enterprise, a minority‐owned business, a woman‐owned business, a veteran‐owned business or an emerging small business in obtaining any required subcontractors; and

4. Contractor has, to the best of its knowledge, complied with Oregon tax laws in the period prior to the signing of this Contract, and will continue to comply with such laws during the entire term of this Contract, including:

a. All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318, Addenda No. 1 to the Invitation for Bid for the South Beach Placemaking Project Page 4 of 7

b. Any tax provisions imposed by a political subdivision of this state that applied to Contractor or its property, goods, services, operations, receipts, income, performance of or compensation for any work performed, and

c. Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

5. Pursuant to ORS 305.385(6) and OAR 150‐305‐0302, the undersigned as Contractor hereby swears and affirms under penalty of perjury that, to best of my knowledge, Contractor is not in violation of any tax laws described in ORS 305.380(4)(a).

6. If this Contract involves use of federal funds, Contractor certifies the following:

a. Contractor nor any of its principal employees are listed on the Excluded Parties

List System in System for Award Management and

b. Contractor will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C.

1352. Contractor will require all subcontractors to submit certify to the same.

6. EJCDC Form C‐800 Supplementary Conditions Article 7.11 Laws and Regulations. Add the following paragraphs after Article 7.11.O

7.11.P Employee Drug Testing Program. Pursuant to ORS 279C.515, Contractor must demonstrate that an employee drug testing program is in place. ORS 279C.505(2).

7.11.Q Employee Drug Testing Program. Pursuant to ORS 279C.515, Contractor must demonstrate that an employee drug testing program is in place. ORS 279C.505(2).

7.11.R Pursuant to ORS 279C.580, Contractor must include the following clauses in each subcontract for property or services the Contractor enters into with a first‐tier subcontractor, including a material supplier, for the purpose of performing a construction contract:

1. A payment clause that obligates the Contractor to pay the first‐tier subcontractor for satisfactory performance under the subcontract within ten (10) days out of amounts the City pays to Contractor under the public improvement contract.

2. A clause that requires Contractor to provide a first‐tier subcontractor with a standard form that the first‐tier subcontractor may use as an application for payment or as another method by which the subcontractor may claim a payment due from the Contractor.

3. A clause that requires Contractor, except as otherwise provided in this paragraph, to use the same form and regular administrative procedures for processing payments during the entire term of the subcontract. Contractor may change the form or the regular administrative procedures the Contractor uses for processing payments if the Contractor:

a. Notifies the subcontractor in writing at least forty‐five (45) days before the date on which the Contractor makes the change; and

Addenda No. 1 to the Invitation for Bid for the South Beach Placemaking Project Page 5 of 7

b. Includes with the written notice a copy of the new or changed form or a description of the new or changed procedure.

4. A interest penalty clause that obligates Contractor, if Contractor does not pay the first‐ tier subcontractor within thirty (30) days after receiving payment from the contracting agency, to pay the first‐tier subcontractor an interest penalty on amounts due in each payment the Contractor does not make in accordance with the payment clause included in the subcontract under paragraph (1) of this subsection. Contractor or first‐tier subcontractor is not obligated to pay an interest penalty if the only reason that Contractor or first‐tier subcontractor did not make payment when payment was due is that Contractor or first‐tier subcontractor did not receive payment from the City or Contractor when payment was due. The interest penalty:

a. Applies to the period that begins on the day after the required payment date and that ends on the date on which the amount due is paid; and

b. Is computed at the rate specified in ORS 279C.515(2).

7.11.S Pursuant to ORS 279C.515:

1. If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or any subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor by reason of the contract.

2. If Contractor or a first‐tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a Contractor, Contractor or first‐tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10‐day period that payment is due under ORS 279C.580(4) and ending upon final payment, or first‐tier subcontractor on the amount due shall equal three times the discount rate on 90‐day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the Contractor, but the rate of interest may not exceed 30 percent (30%). The amount of interest may not be waived.

3. If Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractor’s Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580, and that this condition must be included in every contract or subcontract related to this contract. ORS 279C.515(3).

7.11.T Pursuant to ORS 279C.505, the Contractor must:

1. Make payment promptly, as due, to all persons supplying to the Contractor labor or

Addenda No. 1 to the Invitation for Bid for the South Beach Placemaking Project Page 6 of 7 material for the performance of the work provided for in the contract;

2. Pay all contributions or amounts due the Industrial Accident Fund from the Contractor or subcontractor incurred in the performance of the contract.

3. Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished; and

4. Pay to the Department of Revenue all sums withheld from employees under ORS 316.167.

7.11.U. Conditions of Employment. Contractor agrees that:

1. Pursuant to ORS 279C.520, a person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279C.100, the employee shall be paid at least time and a half pay (1) for all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or

(2) for all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (3) for all work performed on Saturday and on any legal holiday specified in ORS 279C.540.

2. Pursuant to ORS 279C.520, an employer must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work.

3. Pursuant to ORS 279C.530:

a. Contractor shall promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the Contractor, of all sums that the Contractor agrees to pay for the services and all moneys and sums that the Contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services.

b. All subject employers working under the contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126

4. Pursuant to ORS 279C.800, Contractor and every subcontractor must have filed a public works bond with the Construction Contractors Board in accordance with ORS 279C.836 before starting work on the project, unless exempt under ORS 279C.836(4) (i.e., a public works bond is not required for public works projects that are exempt from paying prevailing wages). This requirement must be included in every subcontract. This bond is in addition to performance bond and payment bond requirements. City Public Contracting Rule 137‐049‐0815.

Addenda No. 1 to the Invitation for Bid for the South Beach Placemaking Project Page 7 of 7

7.11.V Public Works Bonds. Pursuant to ORS 279C.830 Contractor and every subcontractor must have filed a public works bond with the Construction Contractors Board in accordance with ORS 279C.836 before starting work on the project, unless exempt under ORS 279C.836(4) (i.e., a public works bond is not required for public works projects that are exempt from paying prevailing wages). This requirement must be included in every subcontract. This bond is in addition to performance bond and payment bond requirements. City Public Contracting Rule 137‐049‐0815.

End of Addendum No. 1