Addenda No. 2 to the RFP for the US 101 & SE 40th Street Traffic Signal Design-Build Project Page 1 of 5 November 10, 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 10, 2025 Addenda No. 2

To: Plan Holders

Prepared By: Anna Iaukea, Urban Renewal Project Manager

Subject: US 101 & SE 40th Street Traffic Signal Design-Build Project

RESPONSES TO QUESTIONS & ADDITIONAL INFORMATION

1. Q: Do ODOT requirements apply? Will ODOT be involved in reviewing the design?

A: Yes, ODOT requirements apply and Design-Builder will be responsible for coordinating the design with ODOT.

2. Q: Do you have as-builts for the lighting along US 101?

A: The lighting infrastructure was installed as part of a utility undergrounding project, See Exhibit A for record drawings of Phase 2 and Phase 3.

3. Q: Are records of utility coordination available from the SE 35th Street signal project?

A: The City does not have records of utility coordination for the SE 35th Street signal project because it was managed by ODOT. Records can be requested after contract award.

4. Q: Clarify if this is traditional design-build or progressive design-build.

A: This is a traditional design-build.

5. Q: What is required for ADA curb ramps?

A: ADA ramps are required on the east side of US 101. For the west side, please see Exhibit B for an example of an acceptable pedestrian AC landing.

6. Clarification – an email submittal is acceptable.

7. Q: Is a bid bond required?

A: No, a bid bond is not required for this project delivery method.

8. Directional drilling may be required for work in areas recently paved by ODOT.

9. EJCDC Form 520 Agreement Article 7 Contract Documents. Add the following paragraph after 7.01.D:

Addenda No. 2 to the RFP for the US 101 & SE 40th Street Traffic Signal Design-Build Project Page 2 of 5

E. In the event of any conflict, the terms of this Agreement shall control, followed by the RFP, the Design-Builders Proposal, then all of the other Exhibits.

10. EJCDC Form 520 Agreement Article 8 Miscellaneous. Add the following paragraph after Article

8.05.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 Design-Builder, and to bind Design-Builder to its terms;

2) Design-Builder 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) Design-Builder 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) Design-Builder 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,

b. Any tax provisions imposed by a political subdivision of this state that applied to Design-Builder 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 Design-Builder hereby swears and affirms under penalty of perjury that, to best of my knowledge, Design-Builder is not in violation of any tax laws described in ORS 305.380(4)(a).

6) If this Contract involves use of federal funds, Design-Builder certifies the following:

a. Design-Builder nor any of its principal employees are listed on the Excluded

Parties List System in System for Award Management and

b. Design-Builder 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. Design-Builder will require all subcontractors to submit certify to the same.

11. EJCDC Form D-800 Supplementary Conditions Article 18 Statutory Requirements. Add the following paragraph after Article 18.02.A.12:

18.03 Employee Drug Testing Program. Pursuant to ORS 279C.515, Design-Builder must demonstrate that an employee drug testing program is in place. ORS 279C.505(2).

Addenda No. 2 to the RFP for the US 101 & SE 40th Street Traffic Signal Design-Build Project Page 3 of 5

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

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

B. A clause that requires Design-Builder 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 Design-Builder.

C. A clause that requires Design-Builder, 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. Design-Builder may change the form or the regular administrative procedures the Design-Builder uses for processing payments if the Design- Builder:

1) Notifies the subcontractor in writing at least forty-five (45) days before the date on which the Design-Builder makes the change; and

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

D. An interest penalty clause that obligates Design-Builder, if Design-Builder 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 Design-Builder does not make in accordance with the payment clause included in the subcontract under paragraph (1) of this subsection. Design-Builder or first-tier subcontractor is not obligated to pay an interest penalty if the only reason that Design-Builder or first-tier subcontractor did not make payment when payment was due is that Design-Builder or first-tier subcontractor did not receive payment from the City or Design-Builder when payment was due. The interest penalty:

1) 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

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

18.05 Pursuant to ORS 279C.515:

A. If Design-Builder fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to the Design-Builder 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 Design-Builder by reason of the

Addenda No. 2 to the RFP for the US 101 & SE 40th Street Traffic Signal Design-Build Project Page 4 of 5 contract.

B. If Design-Builder 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 Design-Builder, Design-Builder 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 Design-Builder, but the rate of interest may not exceed 30 percent (30%). The amount of interest may not be waived.

C. If Design-Builder 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 Design-Builders 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).

18.06 Pursuant to ORS 279C.505, the Design-Builder must:

A. Make payment promptly, as due, to all persons supplying to the Design-Builder labor or material for the performance of the work provided for in the contract;

B. Pay all contributions or amounts due the Industrial Accident Fund from the Design- Builder or subcontractor incurred in the performance of the contract.

C. 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

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

316.167.

18.07 Conditions of Employment. Design-Builder agrees that:

A. 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.

Addenda No. 2 to the RFP for the US 101 & SE 40th Street Traffic Signal Design-Build Project Page 5 of 5

B. 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.

C. Pursuant to ORS 279C.530:

1) Design-Builder 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 Design-Builder, of all sums that the Design-Builder agrees to pay for the services and all moneys and sums that the Design-Builder collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services.

2) 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

D. Pursuant to ORS 279C.800, Design-Builder 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.

18.08 Public Works Bonds. Pursuant to ORS 279C.830 Design-Builder 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.