Newport ITB Construction Services SB Tank WWTP Painting.pdf

ITB – SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page 1

INVITATION TO BID

NEWPORT SOUTH BEACH WATER TANK AND WASTEWATER TREATMENT PLANT

PAINTING PROJECT

DEADLINE FOR RECEIPT OF BIDS: Wednesday February 11, 2026 by 2:00 PM

MANDATORY SITE VISIT: No group site visit is planned. Site visits are available by request. Site visit is required to be eligible to submit bid (see section 2)

INFORMATION CONTACT: Larry Hutchinson L.hutchinson@newportoregon.gov

BID SUBMITTAL INSTRUCTIONS:

1. Electronically through OregonBuys at www.oregonbuys.gov, in accordance with the submission instructions provided in this Invitation to Bid; or

2. In hard copy, in a sealed envelope clearly marked with the project name and “Bid – Do Not Open Until Closing,” delivered to:

City of Newport Engineering Department 169 SW Coast Highway Newport, OR 97365

Bids must be received by the deadline stated in this Invitation to Bid. Emailed bids will not be accepted. All bids received by the deadline will be publicly opened immediately following the closing time.

**The City of Newport reserves the right to cancel this Invitation to Bid, or to reject any or all bids, for failure to comply with the requirements of the solicitation, or if the City determines that cancellation or rejection is in the best interest of the public. The City may also reject any bid not in compliance with all prescribed public contracting procedures and requirements and may reject for good cause all bids upon a finding that it is in the public interest to do so.

mailto:L.hutchinson@newportoregon.gov

ITB – SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page 2

1 Introduction and Background

The City of Newport is requesting bids for surface preparation and recoating services for four pieces of City infrastructure. These facilities include components of the Wastewater Treatment Plant and the nearby South Beach Water Tank.

The work will occur at the following locations.

1. WWTP Headworks Building Ceiling and Crane - Metal deck ceiling and overhead gantry crane interior surfaces.

2. WWTP Lime Silo – Exterior surfaces of the Lime Silo.

3. WWTP Storage Facility – Exterior metal surfaces and associated components.

4. South Beach Water Tank – Exterior surface of the South Beach Reservoir, located adjacent to the WWTP.

All four facilities are located at or near the City of Newport Wastewater Treatment Plant at 5525 SE 50th Place, Newport, Oregon.

The purpose of this Invitation to Bid is to obtain competitive pricing for the preparation and coating of each of these structures. Each project is considered standalone work. The City may award one item, several items, or all items, depending on budget and priority.

A mandatory site visit is required to be eligible to submit a bid. Site visits will be coordinated individually with City staff.

2 Location, Access, & Mandatory Site Visit

The work included in this Invitation to Bid is located at and around the City of Newport Wastewater Treatment Plant at 5525 SE 50th Place in Newport, Oregon.

Contractors are required to visit the sites prior to submitting a bid. This visit is mandatory in order for a bid to be considered responsive. Each site contains existing conditions that affect access, surface preparation, staging, and safe performance of the work. Contractors are responsible for familiarizing themselves with these conditions before preparing pricing.

The City will not hold a group site visit. Site visits will be scheduled individually with bidders upon request. Contractors shall contact the City to arrange a date and time for access. Site access must be coordinated with City staff to ensure safe entry into active wastewater facilities and to maintain operational control.

Parking and staging areas are available within the WWTP property. Access is limited to the areas designated by the City, and bidders are responsible for complying with all safety and facility requirements while onsite.

ITB – SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page 3

3 Scope of Work

The City of Newport is requesting bids for surface preparation and recoating services at four separate City facilities located at or near the Wastewater Treatment Plant at 5525 SE 50th Place in Newport, Oregon. Each Bid Item in this Scope of Work is a standalone project. The City may award one item, multiple items, all items, or none, depending on budget, schedule, and operational needs.

The Contractor shall furnish all labor, equipment, materials, tools, and incidentals necessary to complete the work. All work shall be performed in a professional and workmanlike manner and shall follow manufacturer recommendations and accepted industry standards for surface preparation and coating.

Standalone Bid Items:

Each Bid Item shall be priced as a complete, independent project. Bid prices shall include all labor, materials, mobilization, equipment, surface preparation, coating application, cleanup, demobilization, and project closeout necessary to complete the work for that item alone. No pricing assumptions shall rely on the award of additional items.

The following subsections describe the work required at each facility.

3.1 WWTP Headworks Building Metal Deck Ceiling and Overhead Crane

The WWTP Headworks Building contains a metal deck ceiling, trusses, and an overhead crane assembly that require cleaning, preparation, and recoating. Although the structure is within a building, the ceiling and crane components are exposed to moisture, airflow, and corrosive elements associated with wastewater treatment operations. The City requests surface preparation and recoating to protect these components and restore long-term durability.

As-built drawings included in the appendix show the roof structure covered by gypsum board;

however, this is not accurate. The ceiling is fully exposed metal. The Contractor shall perform a site visit to verify the extent of rust, surface deterioration, access needs, and the amount of sandblasting required to prepare the substrate down to clean metal capable of holding the specified primer and finish coat in accordance with the manufacturer’s requirements.

Required work includes:

• Sandblast preparation of the metal deck ceiling and trusses to remove existing coating, scaling, and contaminants.

• Power tool and hand tool surface preparation of all overhead crane components.

• Apply the coating system described in Section 3.5.

3.2 WWTP Lime Silo

The lime silo is a vertical welded steel vessel located at the WWTP Solids Processing Building.

The existing coating is weathered with several areas of visible corrosion, peeling paint, and localized surface deterioration, as shown in the drawings and photos in the appendix. The City

ITB – SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page 4 requests full exterior cleaning, surface preparation, and recoating to protect the silo from continued corrosion in the coastal environment.

Drawings included in the appendix provide general information; however, the Contractor shall visit the site to verify the extent of rusted areas, access needs, material conditions, and preparation requirements before bidding. The Contractor shall determine the amount of power tool preparation, hand tool preparation, and spot repair needed to achieve a clean and uniform substrate ready for coating.

Required work includes:

• Pressure wash and detergent-wash the entire exterior surface to remove dirt, lime residue, biological growth, and contaminants.

• Power tool preparation of rusted areas to remove loose coating and corrosion.

• Hand tool preparation of remaining affected surfaces as needed to create a uniform surface profile.

• Apply the coating system described in Section 3.5.

3.3 Storage Facility

The storage facility is a small exterior metal structure located at the WWTP site. The existing coating is generally in fair condition with scattered rust, peeling, and surface deterioration typical of coastal exposure. The City requests full exterior cleaning, surface preparation, and recoating to restore durability and protect the structure from corrosion.

The City does not have drawings for this facility. The Contractor shall verify all materials, dimensions, access needs, and existing conditions during the mandatory site visit.

Required work includes:

• Pressure wash and detergent-wash the entire exterior surface to remove dirt, salts, and contaminants.

• Power tool preparation of rusted and deteriorated areas to remove loose coating and corrosion.

• Hand tool preparation of remaining affected surfaces to achieve a uniform profile.

• Apply the coating system described in Section 3.5.

3.4 South Beach Water Tank

The South Beach Reservoir is a municipal welded steel water storage tank painted in three distinct colors. The existing coating system is generally in fair condition, but there are scattered areas of peeling, flaking, and light rust formation that require surface preparation and spot priming. The City is requesting exterior surface preparation and a full coating renewal to restore long-term protection against the coastal environment.

Required work includes:

ITB – SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page 5

• Pressure wash and detergent-wash the entire tank exterior to remove dirt, salts, biological growth, and surface contaminants.

• Power tool preparation of all rusted or deteriorated areas to remove loose coating and corrosion down to sound material.

• Hand tool preparation of remaining surfaces where needed to remove loose paint and provide a uniform profile.

• Apply the coating system described in Section 3.5. The existing three-color paint scheme shall be maintained unless otherwise approved by the City.

3.5 Coating Materials and Application Requirements

All facilities included in this Invitation to Bid shall receive the following Sherwin-Williams coating system (See Appendix E) or an equivalent approved by the City in writing, with a primer color that can be visibly inspected to verify coverage and a finish coat to match the existing paint colors.

• Primer: Macropoxy 646 Fast Cure Epoxy Mastic applied at 5 to 10 mils DFT.

• Finish Coat: Acrolon 218 HS Acrylic Polyurethane applied at 3 to 6 mils DFT.

The Contractor shall apply all coatings in accordance with the manufacturer’s Product Data Sheets, including surface preparation, mixing, environmental conditions, recoat windows, and required dry film thickness. Coating thickness shall be verified with calibrated gauges.

3.6 General Requirements

Coating systems shall be suitable for the environmental exposure of each structure, including interior industrial, exterior coastal, and municipal tank environments. The Contractor shall implement all necessary containment, overspray controls, and environmental protection measures to prevent the release of coating materials, wash water, or debris into surrounding areas, structures, or process equipment. The Contractor shall protect all adjacent structures, vehicles, equipment, and process areas from overspray, debris, and damage during the work.

4 Bid Form and Required Submittals Each bidder shall complete and submit the Bid Form provided with this Invitation to Bid. All bids must be legible, signed by an authorized representative of the bidder, and include all information requested below.

Bids must include, at a minimum, the following:

1. Completed Bid Form (see appendix A) o Total Bid Price (in numbers and in words).

o Acknowledgment of all addenda issued.

o Certification that the bidder has visited the site and is familiar with the project conditions.

2. Bid Security o A Bid Bond or certified check in an amount not less than ten percent (10 %) of the Total Bid Price, payable to the City of Newport.

ITB – SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page 6 o Bid security must accompany each bid and be issued by a surety company licensed to do business in Oregon. Bid security will be returned in accordance with ORS 279C.385.

3. First-Tier Subcontractor Disclosure Form o In accordance with ORS 279C.370, bidders shall submit the First-Tier

Subcontractor Disclosure Form within two (2) working hours after the bid closing time. Failure to submit this form by the deadline shall render the bid non-responsive.

4. Resident Bidder Certification o Bidders shall indicate whether they are a resident bidder as defined under ORS

279A.120 and 279A.125.

5. Acknowledgment of Contract Form o Each bidder acknowledges that the City’s Public Improvement Contract (see Appendix D) will be the form of agreement executed with the successful bidder.

o By submitting a bid, the bidder certifies that it has reviewed the terms and conditions of the draft contract and agrees to execute the final contract without material change, except as may be specifically authorized by the City in writing.

5 Bid Opening, Award of Contract, and Post-Award Requirements

5.1 Additional Submittals Required After Notice of Intent to Award

Within fifteen (15) calendar days after issuance of the Notice of Award, the successful bidder shall submit the following:

• Performance Bond and Payment Bond,

• Certificates of Insurance meeting the requirements of the City’s Public Improvement Contract (Appendix D).

• Proof of Public Works Bond in the amount of $30,000, filed with the Oregon Construction Contractors Board prior to commencing work, per ORS 279C.836.

• Required Technical Submittals - The following technical submittals shall be provided by the successful bidder prior to mobilizing and starting any work:

o Manufacturer paint specification sheets for each coating product to be used o Material Safety Data Sheets (MSDS) for all coating materials o Manufacturer-recommended dry film thicknesses for each coat o Proposed application plan, including surface preparation methods, containment approach, and sequencing o Confirmation that the proposed coating system meets or exceeds the performance requirements in this Invitation to Bid

5.2 Payment Terms and Retainage

Progress payments, retainage, and final payment shall be made in accordance with the City’s Public Improvement Contract (Appendix D). Progress payments will be processed upon receipt and approval of invoices and supporting documentation. The City will retain five percent (5 %) from all progress payments until final completion and acceptance of the work.

ITB – SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page 7

5.3 Prevailing Wage Requirements

This project is a Public Works Project subject to Oregon Bureau of Labor and Industries (BOLI) prevailing-wage requirements under ORS 279C.800 to 279C.870. The applicable wage rates in effect at the first advertisement date shall apply. Bidders are responsible for compliance with all applicable wage and reporting requirements.

6 Reimbursement

The City of Newport will not be responsible for any costs incurred by bidders in the preparation and submission of bids, or in any subsequent activities related to this solicitation.

7 Limitations

This Invitation to Bid does not commit the City of Newport to award a contract or to pay any costs incurred in the preparation or submission of a bid. The City reserves the right to:

• Accept or reject any or all bids received as a result of this Invitation to Bid;

• Cancel this solicitation, in whole or in part, if the City determines that cancellation is in the best interest of the public.

• Reject any bid not in compliance with all prescribed public contracting procedures and requirements.

• Reject, for good cause, any or all bids upon a finding that it is in the public interest to do so; and

• Seek clarification from any bidder on any portion of its bid that appears ambiguous or inconsistent.

No bidder shall have any claim against the City arising from such actions.

8 False or Misleading Statements

Any bid that contains false or misleading statements, references, or omissions that materially affect the bid’s substantive requirements may be rejected. If, at any time, the City determines that a bidder has misrepresented any material fact, the City may reject the bid or, if a contract has been executed, terminate the contract for default.

9 Bid Opening and Award of Contract

Bids will be publicly opened and read aloud immediately following the deadline stated in this Invitation to Bid at the City of Newport Engineering Department, 169 SW Coast Highway, Newport, Oregon. The name of each bidder and the total amount of each bid will be announced.

All bids will be reviewed for responsiveness and responsibility in accordance with ORS 279C and OAR 137-049-0390. Award will be made to the lowest responsive and responsible bidder whose bid substantially complies with the requirements of this Invitation to Bid and whose bid, in the City’s judgment, best serves the public interest.

ITB – SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page 8

Following evaluation, the City will issue a Notice of Intent to Award to all bidders. Any bidder may file a written protest of the City’s Intent to Award within seven (7) calendar days after the notice is issued, in accordance with OAR 137-049-0450.

If no protests are received within the protest period, the award will become final. Following award, the successful bidder shall execute the Contract and submit all bonds, insurance, and other post-award requirements applicable to the work, as specified in the Contract Documents and required by the City. within fifteen (15) calendar days after receipt of the Notice of Award.

Award will be based on the Total Base Bid amount shown on Appendix A – Bid Form and Schedule of Prices. The award of this contract is contingent upon approval by the City’s Local Contract Review Board. A draft Public Improvement Contract is included as Appendix D.

10 Bid Withdrawal

A bidder may withdraw its bid at any time before the bid closing date and time by submitting a written request to the City stating the intent to withdraw. Withdrawal of a bid will not prejudice the right of a bidder to submit a new bid before the closing deadline. No bid may be withdrawn after the time fixed for opening, and all bids shall remain irrevocable for sixty (60) calendar days after the bid opening unless otherwise specified in writing by the City.

11 Rejection of Bids

The City of Newport may reject any bid not in compliance with all prescribed public contracting procedures and requirements and may reject for good cause any or all bids upon a finding that it is in the public interest to do so, in accordance with OAR 137-049-0440.

12 Licenses

Bids for a public improvement project will not be received or considered by the City of Newport unless the bidder is licensed with the Oregon Construction Contractors Board (CCB) in accordance with ORS 701.026. Proof of an active CCB license shall be included in the bid submittal or made available upon request prior to award.

The selected contractor will also be required to obtain and maintain a City of Newport Business License for the duration of the project if not already licensed with the City.

13 Application of Public Contract Laws

The City of Newport is a municipality of the State of Oregon. Contracts with the City of Newport are subject to compliance with applicable statutory public contract requirements, including but not limited to those stated in ORS Chapter 279. All contracts with City of Newport are also subject to administrative rules of the City of Newport’s public contract review board.

ITB – SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page 9

14 Appendices

Appendix Title / Contents Notes

A Bid Form and Schedule of Prices

Includes bid item table, addenda acknowledgment, and bidder certification referencing the City’s Public Improvement Contract (Appendix D).

B Location Figures and Pictures Includes location figures and pictures.

C Facility Drawings Includes plan sheets for the South Beach Tank, Lime Silo, and WWTP Headworks Building

D City of Newport Draft Public Improvement Contract

Standard form of agreement to be executed with the successful bidder.

E Required Paint Spec Sheets Spec sheets for the primer and finish coat.

ITB - SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page A-1

APPENDIX A

BID FORM AND SCHEDULE OF PRICES

Project Name: City of Newport - SOUTH BEACH TANK AND WWTP PAINTING PROJECT

City Project No.: 28-25012

Certification:

By signing this bid, the undersigned certifies that they have examined the site, reviewed all Contract Documents, and agree to perform the work in accordance with the City’s Public Improvement Contract (Appendix D).

Award and Pricing Clarifications

Each Bid Item is a standalone project. The City may award the contract for one item, multiple items, all items, or none. Each Bid Item price shall be all-inclusive and shall reflect the complete cost of performing that work independently. Bidders shall not assume shared mobilization, shared setup, or shared labor across multiple items unless those items are awarded together.

I acknowledge receipt of the following addenda (if any):

Addendum #’s: ____________ Initial: ______

And propose to perform all work for the following prices:

Item No. Description of Work Unit Est.

Qty.

Price

1 South Beach Water Tank LS 1

2 WWTP Lime Silo LS 1

3 WWTP Headworks Ceiling and Crane LS 1

4 WWTP Storage Facility LS 1

Total Base Bid (Items 1–4):

Total in Words

ITB - SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page A-2

Bidder Information:

Company: _______________________________

Address: _______________________________

Contact / Title: __________________________

Email / Phone: __________________________

Authorized Signature: __________________________

Printed Name / Title: __________________________

Date: __________________________

Exclusions: contractor to list any and all exclusions here otherwise it will be assumed to be included in bid submittal

ITB - SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page B-1

APPENDIX B

LOCATION FIGURE and PICTURES

Facility Layout

T.Drage Callout South Beach Water Tank

T.Drage Callout Storage Facility

T.Drage Callout Headworks Building

T.Drage Callout WWTP Lime Silo

WWTP LIME SILO

South Beach Water Tank

Storage Facility

Headworks Ceiling and Crane

ITB - SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page C-1

APPENDIX C

FACILITY DRAWINGS

Collector Notes 14"Target Box w/Removable Cap ~

2'-8 All Fabricated Steel Work Shall Be Commercial

Grade Quality Unless Noted And All Structural Shapes Shall Be Per ASTM A36

All Welds To Be Per (AWS) Standards

Engineer:

2 Rall Alumlnum Handralllng / Mill Finish Alum.

1 1 /2"SCH 40 Pipe, / Ladder And Cage w/4"Toe Plate

1 Coating IJ-,ll1f With The Silo Eave 'io Non-Skid lllll IIIL,-Last Rung To Be Even

• a, I

I b I co b 90"FIII Line Elbow, I

Ir.- High Level "' 4"SCH 40, 48"Radlus I c:::

I r-r=;:;:::i1=n= "- Sensor

4"SCH 40 FIii Pipe "'Ii

• 0 I

A V r ~1=11=

8'-0" Dia

I I

/154\ ~ r-- ~I l==l~I

~I e:&l

Brackets And I U-Bolts I

I ~1=11=

I

I I

\ I / , Fanb

\ .1

Bin Activat .--.f~r'.__Jii~~t~1 - 1.:t!l_ Malnt. Ga

Low Level

~•·· I .,.__.,..-, 11 .J.L..-lHi--- Sensor j

Fill Line~ LlmH Switch L

Fill Line . Adaptor w/

14 · •I Dust Cap 'io .4. I

* "' EL. 167.00 ~~ , 1:-ll~ i"--3" Volumetric mQJ I • Screw Feeder W o

316L SST "' • •1

' O 0

- I -1'---Lime Transfer

Screw Conveyor See Dwg -102

!'---Access Ladder F.S.

0 co I co

1 I .. I . 4 q

.,.,d . . A ·,. "': .,.

1'-8"

• 0 I .

c::i

• 0 I co b I j,... .,, 14" Dia.

Lime Transfer Screw Conveyor

"(' II a I

I

I"-- .

14" A

·: ~1

Lime Storage Silo Section A/100 - A/100

Fuller & Morris/CH2M Hill ~ For Proper Orientation Of

Equipment See Plan View

Contractor: Slayden Construction, Inc

195°

Silo Roof Plan

0°/360°

I I

I

*9'-2"

Silo Foundation Plan

• 0 .I

90°

Light 0"/360°

Fan ~

8" Knife Gate

\±D

210· _,_ _ (?RY __ _\ go•

240° I•-~~ I•--~ I Light

180°

Interior Skirt Plan

C6X8.2 Supports For Volumetrlc Feeder

(T.O.S. 0 EL. 174.375)

Anchor Bolt Size And Location To Be Provided After Drawing Approval

All Bolts To Be Provided With Hex Nuts, Flat Washers, And Lock Washers

All Dimensions Marked With An * To Be Verified By The Contractor

Silos Designed For:

Seismic Zone 4 (Importance Factor 1.0) 90 Mile Per Hour Wind Load 25 Lb./Sq. Ft. Roof Load

0.25 PSI Working Pressure

0.03 Vacuum Pressure

Capacity: 30 Tons At 55 Lbs./Cu. Ft.

Exposure Category C

All Fasteners To Be EZPL Material Density Of 65 Lbs/Cu. Ft.

Not Furnished By RDP

Anchor Bolts, Disconnect Switches, Wiring, Conduit and Connections, Supply Or Drain Piping, Initial Chemicals and Lime, Initial Lubricants, Extended Grease Lines, Taxes of any type, Special Name Plates, Unloading, Rigging and Installation, Intermediate or Finished Painting, Painting of Stainless Steel, Lightning Protection Systems, Wall Closures for Conveyors, Platforms of any type, Field Vulcanizing of Belting.

Finish Silo Exterior And Interior Of Skirt To Be

Sandblasted Per SSPC-SP6 Followed By One Coat Of Sherwin Williams Recoatable Epoxy Primer #B67-R5 @ 3-4 Mils D.F.T.

Silo Interior To Be Plain Mill Finish Volumetric Feeder - Welds To Be Ground

Smooth And Carbon Burn Marks Removed All Purchased Components To Be Supplied With

Manufacturer's Standard Finish

Spare Parts ( 1) Flange Bearing ( 1) Flange Bearing

#VF2S-216

#VF4S-216

Grouting Must Provide 360° Support To Base Ring

Clamp Plate

Clamp Plate To Be Field Welded To Base Ring After Erection

,,.l_Jql, ........ ( 1-----13"Mln. Proj.

Detail A

Spacer (Welded To Clamp Plate)

• RDP Technologies, Inc.

Lime Storage Silo This drawing Is the property of RDP Technologies and embodies confidential trade secrets and proprietary or patented information.

Recipient, by accepting this material acknowledges such confidential status and agrees to retain this document and the contents, within Its own organization, and further agrees not to make this Information available to any other source or to any competitor of RDP Technologies without written consent of RDP Technologies.

1X1 I I Newport, OR Release For Fab,Added Piece Marks 14-26-01

Revisions Date

Drown Appr.

MJM

~~ 1~ 3/8"=1'-0 96012-101

Date 8-22-00

T.Drage Text Box Lime Silo Drawing

Southbeach Tank Drawings

Headworks Building Drawings

ITB - SOUTH BEACH TANK AND WWTP PAINTING PROJECT Page D-1

APPENDIX D

CITY OF NEWPORT

DRAFT CONTRACT

[INSERT PROJECT TITLE]

CONSTRUCTION CONTRACT (non-EJCDC, CSI, or AIA) (rev. by City Attorney 1/27/2026) Page 1 of 24

CITY OF NEWPORT, OREGON

CONSTRUCTION CONTRACT

(non-EJCDC, CSI, or AIA)

[INSERT PROJECT NAME]

THIS CONTRACT is between City of Newport, an Oregon municipal corporation (“City”), and [enter the legal name of the business], [if the business operates under an assumed name, enter dba and the assumed business name], [enter the legal structure of the business] (“Contractor”), each a “party,” and referred to collectively in this Contract as “the parties.”

TERMS OF AGREEMENT

IT IS HEREBY AGREED by and between the parties above-mentioned, in consideration of the mutual promises hereinafter stated, as follows:

1. Statement of Work (“Work”).

A. Contractor will furnish or perform [enter a brief description of the work] OR [if not described elsewhere, enter a detailed description of the work] in accordance with the requirements of this Contract.

B. The scope of Contractor’s Work is further described in Exhibit A, Scope of Work, attached hereto, and incorporated into this Contract as referenced here.

C. Contractor must perform the Work in a manner consistent with the Contract Documents.

2. Contract Documents.

A. This Contract. This Contract consists of this construction contract form and the exhibits listed in subsection 2.B below, which are incorporated into this Contract by this reference. There are no other contract documents, unless specifically referenced in this Contract.

B. Exhibits. This Contract includes the following incorporated exhibits:

• Exhibit A – Scope of Work

• Exhibit B – Bid/Fee Schedule

• Exhibit C – Drawings

• Exhibit D – Specifications

• Exhibit # – List any other applicable exhibits or delete this bullet

3. Order of Precedence. In the event of a conflict between the requirements of any documents listed in subsections 2.A and 2.B above, the conflict must be resolved in the following order of precedence: first, this contract form, then in order: Exhibit A, Exhibit C, Exhibit D, Exhibit B. [If other exhibits are included, enter the other exhibits in order of intended priority.]

4. Consideration; Payment; Retainage.

A. Consideration. Except as otherwise provided herein, the City shall pay Contractor on a [enter

CONSTRUCTION CONTRACT (non-EJCDC, CSI, or AIA) (rev. by City Attorney 1/27/2026) Page 2 of 24 flat fee basis] OR [enter unit price basis]. In consideration for Work, the City agrees to pay Contractor’s fees [enter in an amount in words] ($_____). Such fees shall include all expenses.

The City is not obligated to pay any amount greater than that stated here. Projects partially completed may be paid for in proportion to the degree of completion. Contractor is independently responsible for its obligations for federal, state, and local sales and income taxes, including the Oregon Corporate Activity Tax.

B. Payment; Retainage.

1) All payments will be made in accordance with the requirements of ORS 279C.550 through 279C.570.

2) Payment will be made periodically as the Work progresses, based on monthly progress invoices submitted by Contractor based on an approved schedule of values and percentage of completion. City Public Contracting Rule 137-049-0830(1).

3) A progress payment is not considered acceptance or approval of any work or waiver of any defects therein. City Public Contracting Rule 137-049-0830(2). ORS 279C.570(2).

4) The City will reserve retainage in the amount of 5 perfect (5%) from each progress payment. ORS 279C.570(7). ORS 701.420(1). Prior to approval and payment, City may require, and if required Contractor must provide, any information which City deems necessary to verify work has been performed properly in accordance with the Contract and the requirements of ORS chapter 279C.

5) If the Contractor has performed at least 50 percent (50%) of the Work and is progressing satisfactorily, upon the Contractor's submission of written application containing the surety's written approval, the City may, in its discretion, reduce or eliminate retainage on any remaining progress payments. The City shall respond in writing to all such applications within a reasonable time. When the Work is 97.5 percent (97.5%) completed, the City may, at its discretion and without application by the Contractor, reduce the retained amount to 100 percent (100%) of the value of the remaining unperformed Work. The City may at any time reinstate retainage. Retainage shall be included in the final payment of the Contract price. City Public Contracting Rule 137-049-0820(1). ORS 279C.570(7).

6) Late payment interest shall begin to accrue on payments due and owing on the earlier of 30 days after receipt of invoice or 15 days after the City approval of payment. The interest rate shall equal three times the discount rate on 90-day commercial paper in effect on the progress payment due date at the Federal Reserve Bank in the Federal Reserve district that includes Oregon, up to a maximum rate of 30 percent (30%). City Public Contracting Rule 137-049-0840(2). ORS 279C.570(2).

7) Final payment on the Contract price, including retainage, shall be due and owing no later than 30 days after Contract completion and acceptance of the Work. Late-payment interest on such final payment shall thereafter accrue at the rate of one and one-half percent (1.5%) per month until paid. City Public Contracting Rule 137-049-0840(3). ORS 279C.570().

CONSTRUCTION CONTRACT (non-EJCDC, CSI, or AIA) (rev. by City Attorney 1/27/2026) Page 3 of 24

8) In the event of a dispute as to compensation due a Contractor for Work performed, upon settlement or judgment in favor of the Contractor, interest on the amount of the settlement or judgment shall be added to, and not made part of, the settlement or judgment. Such interest, at the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve District that includes Oregon, shall accrue from the later of the progress payment due date, or thirty days after the Contractor submitted a claim for payment to the City in writing or otherwise in accordance with the Contract requirements. City Public Contracting Rule 137-049-0840(4).

C. Identification. Contractor shall provide its Employer Identification Number (EIN) to the City.

5. Effective Date. This Contract is effective [enter upon the signature of all parties] OR [enter the specific start date desired].

6. Initial Term. Unless extended or terminated earlier in accordance with this Contract, this Contract will terminate [enter on the specific date desired] OR [enter either within a period of ____ days] OR [enter within a period of ____years]. However, such expiration shall not extinguish or prejudice either party's right to enforce this Contract with respect to any breach or default in performance which has not been cured.

7. [Enter No renewals available.] OR [Enter Upon completion of the initial term, the City may elect to extend this Contract for up to ___ additional one-year terms by mutual written Contract of the parties.]

8. Modification. No modification or amendment to this Contract will bind either party unless in writing and signed by both parties.

9. Final Inspection.

A. Notification of Completion. Contractor must notify the City in writing when the Contractor considers the Work completed. The City shall inspect the project within 15 days of receipt of Contractor’s written notice of completion, the City must inspect the project and project records, and either accept or reject the Work in writing. A rejection must state the reasons for the rejection and list the work that must be done before the project can be accepted. If a rejection is issued, Contractor shall complete all work needed to be done and request another inspection. The process shall be continued until the City determines that the project is complete and accepted. City Public Contracting Rule 137-049-0850(1).

B. Acknowledgment of Acceptance. When the City finds that all Work required under this Contract has been completed satisfactorily, the City shall acknowledge acceptance of the Work in writing. City Public Contracting Rule 137-049-0850(2).

10. Prevailing Wages. Prevailing wages shall apply to public work projects only if the contract exceeds $50,000. Contractor [enter is] OR [enter is not] required to pay prevailing wages for the Work under this Contract. If Prevailing wages applies to this Contract, the following provisions apply:

A. Contractor shall pay workers in each trade or occupation the higher of the applicable State prevailing wage rate or the federal prevailing wage rate under the Davis-Bacon Act (40 U.S.C.

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3141 et seq.). Contractor and any subcontractors shall post the prevailing wage rates and fringe benefits as required by ORS 279C.840.

B. Contractor shall furnish weekly to the City, certified statements, in writing, on a form prescribed by the Commissioner of the Bureau of Labor, certifying: (a) the hourly rate of wage paid each worker whom the contractor or the subcontractor has employed on the works; and

(b) that no worker employed on the work has been paid less than the prevailing rate of wage or less than the minimum hourly rate of wage. If the Contractor has not filed the certified statements as required under this contract, the City shall retain 25 percent (25%) of any amount earned by the Contractor until the Contractor has complied. The City shall pay the Contractor the amount retained under this subsection within 14 days after the Contractor has filed the certified statements with the City.

C. Contractor shall allow the State of Oregon Bureau of Labor and Industries to enter the office or business establishment of Contractor at any reasonable time to determine whether the prevailing rate of wage is actually being paid and shall make payment records available to the State of Oregon Bureau of Labor and Industries on request. Contractor shall require subcontractors to provide the same right of entry and inspection.

D. City shall not make final payment unless the prevailing wage rate certifications are received.

E. Contractor must comply with all laws and regulations relating to prevailing wages, whether or not set out in this contract. Further information regarding prevailing wages, including requirements applicable to Contractor, is available at:

F. Contractor shall pay to workers in each trade or occupation the current, applicable State prevailing rate of wage as established by the State of Oregon Bureau of Labor and Industries, which is available at:

https://www.oregon.gov/boli/employers/pages/prevailing-wage-rates.aspx and, if applicable, the federal prevailing rate of wage required under the Davis-Bacon Act (40 U.S.C.

3141 et seq.) through to the completion of this Contract, which is available at:

https://sam.gov/content/wage-determinations. The current wage rate is determined by the

1st date of advertisement of the project.

G. Davis-Bacon Act and State of Oregon prevailing wage rates included in the Invitation to Bid are applicable to this project; the higher of two wage rates shall be paid for each hour worked.

11. Performance and Payment Bonds.

A. Contractor [enter is] OR [enter is not] required to provide 100 percent (100%) performance and payment bonds in accordance with ORS 279C.380. No separate payment is due to Contractor for such bonds. Contractor shall execute and deliver to the City a performance bond and a payment bond each in a sum equal to the Contract price for public improvement contracts with a value, estimated by the City, of more than $100,000 or, in the case of contracts for highways, bridges and other transportation projects, more than $50,000. City Public Contracting Rule 137-049-0460(1).

B. Surety.

https://www.oregon.gov/boli/employers/pages/prevailing-wage-rates.aspx https://sam.gov/content/wage-determinations

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1) Requirement for Surety Bond. The City shall accept only a performance bond furnished by a surety company authorized to do business in Oregon, unless otherwise specified in the solicitation document (i.e., the City may accept a cashier's check or certified check in lieu or all or a portion of the required performance bond if specified in the solicitation document). The payment bond must be furnished by a surety company authorized to do business in Oregon, and in an amount equal to the full Contract price. City Public Contracting Rule 137-049-0460(3).

2) Substitute Contractor. If the Contractor provided a performance bond, the Contracting Agency, in its sole discretion, may afford the Contractor's surety the opportunity to provide a substitute contractor to complete performance of this Contract. A substitute contractor shall perform all remaining Work and comply with all terms and conditions of this Contract, including the provisions of the performance bond and the payment bond.

City Public Contracting Rule 137-049-0470.

C. Time for Submission. Contractor must promptly furnish the required performance security upon the City’s request. City Public Contracting Rule 137-049-0460(4).

12. Public Records. The parties acknowledge that this Contract and all records held by the City are public records and subject to public disclosure unless a statutory exemption applies, and agree that the City will have no liability for the disclosure of any confidential information in response to a public records request where such disclosure is required by court or district attorney order, or by the City’s good faith interpretation of its statutory requirements.

13. Confidentiality and Protection of Consumer Personal Information. If Contractor as part of performing Work under this Contract receives any consumer personal information, Contractor must maintain confidentiality of such consumer personal information and may not use, release, or disclose any information concerning any employee, client, applicant, or person doing business with City for any purpose not directly connected with the administration of the City's or Contractor's responsibilities under this Contract, except upon written consent of the City and, if applicable, the employee, client, applicant, or person. Contractor must ensure that its officers, employees, agents, and subcontractors understand and comply with the confidentiality provisions of this Contract. If Contractor owns, maintains, or otherwise possesses data that includes a consumer's personal information, Contractor must have and maintain appropriate administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of consumer personal information, and agrees to comply with all other provisions of the Oregon Consumer Identity Theft Protection Act (ORS 646A.600 et seq.) throughout the term of this Contract.

14. Records Maintenance, Access, Inspection, and Right to Audit Records.

A. Record Maintenance and Access to Records. Contractor and its subcontractors shall maintain all fiscal records relating to this Contract in accordance with generally accepted accounting principles). In addition, Contractor and its subcontractors performing work related to this Contract shall maintain all other records necessary to clearly document (i) their performance;

and (ii) any claims arising from or relating to their performance this Contract. Contractor and its subcontractors shall make all records pertaining to their performance and any claims under this Contract (the books, fiscal records and all other records, hereafter referred to as

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“Records”) accessible to the City at reasonable times and places, whether or not litigation has been filed as to such claims. City Public Contracting Rule 137-049-0880(1).

B. Inspection and Audit. The City may, at reasonable times and places, have access to and an opportunity to inspect, examine, copy, and audit the Records of any person that has submitted cost or pricing data according to the terms of the Contract to the extent that the Records relate to such cost or pricing data. If the person must provide cost or pricing data under the Contract, the person shall maintain such Records that relate to the cost or pricing data for three (3) years from the date of final payment under the Contract, unless a shorter period is otherwise authorized by written agreement between the parties. City Public Contracting Rule 137-049-0880(2).

C. Records Inspection; Contract Audit. The City, and its authorized representatives, shall be entitled to inspect, examine, copy, and audit any Contractor's or its subcontractor's Records, as provided in subsection 14.A above. Contractor and subcontractor shall maintain the Records and keep the Records accessible and available at reasonable times and places for a minimum period of three (3) years from the date of final payment under the Contract or subcontract, as applicable, or until the conclusion of any audit, controversy or litigation arising out of or related to the Contract, whichever date is later, unless a shorter period is otherwise authorized in Writing. City Public Contracting Rule 137-049-0880(3).

15. Assignment.

A. Neither party shall assign or transfer any interest in or duty under this Contract without the written consent of the other.

B. If City agrees to assignment of tasks to a subcontractor, Contractor shall be fully responsible for the acts or omissions of any subcontractors. Any assignee or transferee shall be considered the agent of the Contractor and be bound to abide by all provisions of this Contract. Any approval of a subcontractor does not create a contractual relationship between the subcontractor and City.

C. If the City consents in writing to an assignment, sale, disposal or transfer of the Contractor's rights or delegation of Contractor's duties, the Contractor and its surety, if any, shall remain liable to the City for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the Contracting Agency otherwise agrees in writing.

16. Binding on Successors and Assigns. The provisions of this Contract are binding upon and inure to the benefit of the parties to this Contract, their respective successors, and permitted assigns.

17. No Third-Party Beneficiaries. The City and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives or may be construed to give or provide any benefit or right to third persons, either directly or indirectly, that is greater than the rights and benefits enjoyed by the general public, unless that party is identified by name in this Contract.

18. Independent Contractor. Contractor is an independent contractor as defined by ORS 670.600 and

CONSTRUCTION CONTRACT (non-EJCDC, CSI, or AIA) (rev. by City Attorney 1/27/2026) Page 7 of 24 not an employee of the City. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265. Contractor acknowledges that it is not entitled to benefits of any kind to which a City employee is entitled and that it shall be solely responsible for any workers’ compensation coverage, social security, unemployment insurance or retirement payments, and federal or state taxes due as a result of payments under this Contract, whether due on account of Contractor or Contractor’s subcontractor, if any. In the event that Contractor is found by a court of law or an administrative agency to be an employee of the City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Contract, to the full extent of any benefits or other remuneration Contractor receives (from the City or third party) as a result of the finding and to the full extent of any payments that the City is required to make as a result of the finding.

19. Indemnity.

A. General Indemnification. To the fullest extent permitted by law, and to the extent covered by private contracts of insurance, Contractor shall indemnify, defend, and hold harmless the City, its officers, employees, volunteers, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney fees and costs of defense, arising out of or resulting from the Contractor’s performance of, or failure to perform, any obligations under this Contract.

B. Owner's Actions. Subsection 19.A above does not include indemnification by Contractor of the City for the City's acts or omissions, whether related to this Contract or otherwise.

C. Owner Defense Requirements. Notwithstanding the foregoing defense obligations, neither Contractor nor any attorney engaged by Contractor shall defend any claim in the name of the City, nor purport to act as legal representative of the City or any of its agencies, without the prior written consent of the City. The City may assume its own defense and settlement of any claims, and reserves all rights to pursue any claims it may have against Contractor.

D. Intellectual Property, Defense. This indemnification must extend to Work that may be the subject of protection under any state or federal intellectual property law or doctrine, including any claim that the City's use thereof infringes any patent, copyright, trade secret, trademark, or other proprietary right of any third party.

20. Insurance.

A. Prior to Commencement of Work. Contractor may not commence any Work until Contractor provides the City with a Certificate of Insurance (COI) for all required coverage and obtains the City's approval as to limits, form, and amount.

B. Coverage. Contractor shall maintain, at a minimum, the types and amounts of insurance coverage listed in the subsections below. These amounts represent minimum required limits and shall not be construed as maximums or limitations of the Contractor’s liability. Umbrella or excess liability insurance may be used to satisfy the required minimum policy limits for Commercial General Liability, Automobile Liability, and Employers’ Liability Insurance, provided such coverage is at least as broad as the underlying policies. Any modification to the insurance requirements in this contract form must be approved by the City Attorney’s Office.

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1) Commercial General Liability Insurance. Contractor shall maintain Commercial General Liability Insurance covering claims for bodily injury (including death), property damage, medical expenses, personal and advertising injury, and products/completed operations.

Coverage shall be written on an occurrence basis, with minimum limits of $2,000,000 per occurrence, $4,000,000 general aggregate, $4,000,000 products/completed operations aggregate, $2,000,000 personal and advertising injury, $50,000 damage to rented property, and $5,000 medical expenses. The policy shall include a combined single limit per occurrence for bodily injury and property damage.

2) Commercial Automobile Insurance. Commercial Automobile Liability Insurance covering liability arising out of the ownership, maintenance, or use of all owned, hired, and non-owned vehicles. Coverage shall be written on a per accident basis, with minimum limits of $2,000,000 per accident for bodily injury and property damage. The policy shall include a combined single limit of liability per accident for bodily injury and property damage.

3) Workers' Compensation and Employers' Liability Insurance. Contractor shall maintain Workers' Compensation and Employers' Liability Insurance as required by Oregon law for all persons performing work under this Contract. Any subcontractor engaged by Contractor shall also maintain such coverage. Out-of-state employers must obtain Oregon workers’ compensation coverage for any employees working at a single location in Oregon for more than thirty (30) days in a calendar year. Contractors who perform work without the assistance or labor of any employee are not required to obtain such coverage.

This shall include Employer’s…