RFP Nye Beach Crosswalk Art 08-2025.pdf

CITY OF NEWPORT, OREGON

REQUEST FOR PROPOSALS (RFP)

for

Nye Beach Crosswalk Art Project

Proposal Due Date: September 9 , 2025

Request for Proposal

I. BACKGROUND

The Nye Neighborhood Association (NNA), in partnership with the Oregon Coast

Council for the Arts (OCCA) and the City of Newport, invites proposals from artists for the creation of crosswalk art in the Nye Beach neighborhood of Newport, Oregon. This project aims to enhance pedestrian safety and beautify a key intersection near the Newport Performing Arts Center (PAC), in the heart of Nye

Beach.

II. PROJECT SCOPE

The project will entail original painted artwork at three locations near the Newport

Performing Arts Center. They are highlighted in the graphic below.

1. Location A – Olive Street entrance to the PAC parking lot

○ North border: approx. 40'

○ South border: approx. 35'

○ Width: approx. 5.5'

2. Location B – Coast Street entrance to the PAC parking lot

○ East border: approx. 38'

○ West border: approx. 33'

○ Width: approx. 5.5'

3. Location C – Intersection of Coast Street and Olive Street

○ Center square: approx. 37' x 37'

○ Crosswalks on each side: approx. 10' wide

The selected artist will:

• Develop designs for all three locations based on the approved theme and safety guidelines.

• Collaborate with project partners, if necessary, to refine designs for visibility and durability. (not to exceed two meetings)

• Work alongside community volunteers to implement the designs on-site in two installation phases, ensuring the intersection remains partially open to traffic at all times.

Theme & Design Guidelines:

• Motifs: Inspired by, but not limited to, Oregon Coast themes—ocean, sea life, beach, fishing culture, and Pacific Northwest imagery. Other themes that might be appealing - community, neighbors, joy, plants, flowers, and wildlife

• Color Use: Bright, highly visible colors to ensure pedestrian safety. Limit the number of colors used to facilitate future maintenance.

• Safety Considerations: Must comply with applicable traffic safety guidelines; avoid patterns or colors that could cause driver confusion. Please refer to The Federal

Manual on Uniform Traffic Control Devices for Streets and Highways (11th

Edition), pg. 622. Section 3H.03: Aesthetic Surface Treatments and pg. 639.

Section 3J.07: Sidewalk Extensions Designated by Pavement Markings. The City

Engineer and Public Works Director will provide guidance and review of crosswalk art proposals to ensure alignment with the MUTCD.

III. CONDITIONS GOVERNING PROPOSAL

A. Eligible Proposers

Proposals will be accepted only from organizations (profit or non-profit), or other collaborative arrangements that:

1. Are qualified to conduct business in the State of Oregon and the City of

Newport.

2. If a corporation or limited liability company, is in good standing with the

Secretary of State.

Proposers must be available to work with volunteers during installation (artist will receive support coordinating with volunteers and is not expected to do so on their own).

B. Anticipated Timeline to Completion

The City anticipates the project to be completed around September 30, 2025.

C. Preliminary Schedule

Event Date

Release of Request for Proposals August 22, 2025

Proposals Due September 9, 2025

Contractor Begins Work September 17, 2025

The City reserves the right to amend the preliminary schedule.

IV. Deadline for Submission

The original proposal must be received by 2:00 P.M. (PDT), on September 9, 2025. This is as verified by timestamp. Proposals shall be emailed to Nina

Vetter at n.vetter@newportoregon.gov.

The submission of proposals is the sole responsibility of the proposer. The City reserves the right to determine the timeliness of all submissions.

V. Proposal Requirements

The following outlines the proposal requirements. Submission of a proposal pursuant to this RFP constitutes acknowledgement and acceptance of the terms and conditions set forth herein, and those required under City’s Public

Contracting Rules (located on City’s webpage, under Administration, City

Recorder). The RFP will be incorporated into any resulting contract with the successful proposer, along with any terms of the accepted proposal which are not in conflict therewith, as well as provisions which are permissible matters for negotiation, as set forth herein. The contents of the proposal submitted by the successful proposer may become contractual obligations if a contract is awarded.

Failure of the successful proposer to accept these obligations may result in cancellation of the award. The City reserves the right to withdraw this RFP at any time without prior notice. All proposals submitted in response to the RFP become the property of the City and will be a public record after the selection process is completed.

mailto:n.vetter@newportoregon.gov

Each proposal must contain the following:

1. Artist Statement (max 500 words)

2. Design Concept (sketch/mock-up with color notes)

3. Resume/CV

4. Up to 4 work samples (with descriptions)

5. Two professional references

VI. Proposal Evaluation and Selection Process

The City will conduct a preliminary evaluation of all proposals to determine compliance with proposal requirements and mandatory document submissions. The City reserves the right to request additional information to clarify the content of a proposal.

Proposals will be evaluated on:

1. Artistic quality, originality, and attractiveness (25 points)

2. Feasibility in a public, high-traffic setting (25 points)

3. Alignment with Nye Beach's coastal character (25 points)

4. Ability to meet deadlines and collaborate effectively (25 points)

VII. Contract Award Process

The successful proposer that is selected to perform the services outlined in this

RFP shall enter into a contract, approved by the City Attorney, directly with the

City of Newport, within thirty (30) days of the Notice of Intent to Award Contract, or such later date as determined by the City.

The City reserves the right to verify the information received in the proposal. If the proposer knowingly and willfully submits false information or data, the City reserves the right to reject that proposal. If it is determined that a contract was awarded or entered into because of false statements, or other incorrect data submitted in response to this RFP, the City reserves the right to terminate the contract, without penalty therefor, and with all rights reserved.

The selected artist will be required to enter into the City of Newport’s standard

Goods and Services Contract (see Attachment A). This agreement includes insurance and indemnification requirements. Proposers should review the draft contract carefully. Any exceptions must be clearly identified in the proposal.

VIII. GENERAL RFP AND CITY CONTRACT INFORMATION

The following terms and conditions apply to the agreement entered into between the successful proposer and the City of Newport:

A. Term

Any contract awarded pursuant to this RFP may be terminated by the City, with or without cause, upon thirty (30) days’ written notice to the successful proposer.

B. Budget

● Artist stipend: $4,000

● Paint donated by Sherwin-Williams (for both artist and volunteers)

● City of Newport to provide traffic control, signage, and safety measures

C. Laws and Policies

In the performance of the advertising services agreement, the selected successful proposer shall abide by and conform to all applicable laws and rules of the United States, State of Oregon, and the City of Newport.

D. Costs Incurred by Proposers

All costs of proposal preparation shall be the responsibility of the proposer.

The City shall not, in any event, be liable for any pre-contractual expenses incurred by proposers in the preparation and/or submission of the proposals.

Proposals shall not include any such expenses as part of the proposed budget.

E. General City Reservations

City reserves the right to extend the submission deadline should this be in the best interest of the City. Proposers have the right to revise their proposals in the event that the deadline is extended.

The City reserves the right to withdraw this RFP at any time, and will notify proposers that the solicitation has been canceled. The City makes no representation that any contract will be awarded to any proposer responding to the RFP. The City reserves the right to reject any or all submissions.

If in City’s judgment, an inadequate number of proposals are received or the proposals received are deemed non-responsive, not qualified, or not cost effective, the City may, at its sole discretion, reissue the RFP, or execute a contract with the next highest ranked proposer, or to cancel this solicitation, all subject to compliance with City’s public contracting rules (found here).

City reserves the right, subject to the City’s public contracting rules and applicable statutes, to reject any and all proposals and to waive any minor informality when to do so would be advantageous to the City.

F. Termination

Any contract awarded pursuant to this RFP may be terminated by the City, with or without cause, upon notification by the City to the successful proposer.

G. Contact Information

Proposers may contact Nina Vetter with any questions regarding the scope of services of this RFP at:

Nina Vetter, City Manager

City of Newport

169 SW Coast Highway

Newport, OR 97365

N.Vetter@NewportOregon.gov https://www.newportoregon.gov/dept/fin/documents/2023_Public_Contracting_Rules.pdf mailto:N.Vetter@NewportOregon.gov

Attachment A – Draft Goods and Services Contract

Goods and Services Contract (rev. 1/2025)

DRAFT GOODS AND SERVICES CONTRACT

Project Name

BASED UPON the quotes submitted in response to a request for quotes for Project Name, as issued and administered by City of Newport (City), City and Contractor Company (Contractor) hereby enter into a contract for services in accordance with the specifications and quote provided.

All terms of the following exhibits are hereby incorporated by reference into this Contract, and

Contractor agrees to comply with each:

(1) Exhibit A – Request for Quotes (e-mail to 3 firms)

(2) Exhibit B – Contractor Quote

(3) Exhibit C – Oregon Public Contracting Requirements

To the extent there are any inconsistencies or conflicts between this document and Exhibit B, this document shall control and prevail.

1. Term. The term of this Contract shall extend from its execution to project completion, unless extended for additional periods of time upon written mutual agreement of both parties. Notwithstanding this Term, City reserves the right to terminate this Contract as outlined in this Agreement.

2. Scope of Work. Contractor shall provide all materials, labor, equipment, and all other services and facilities necessary for the services specified in the attached Exhibits A and B

(Project). Work shall be completed within XX days of the date given in the Notice to

Proceed.

Sample paragraph for funding requirements: Funding for the Agreement is provided through the attached Grant Agreement no. WPG-D-0006-21 between the City and the State of Oregon, acting by and through its Water Resources Department (Exhibit D).

Contractor agrees to all applicable requirements of the attached Grant Agreement in accordance with and including Section 5.01 of the Grant Agreement.

3. Compensation.

3.1 Basis of Payment. Contractor shall complete Project as defined above and in the attached exhibits for the prices in Exhibit B, with an estimated total fee of

3.2 Invoices. Payments shall be based upon Contractor’s invoices submitted to City, detailing the previous month’s fees and costs.

a. City will review Contractor’s invoice and within ten (10) days of receipt notify

Contractor in writing if there is a disagreement or dispute with the invoice or Project. If there are no such disputes, City shall pay the invoice amount in full within thirty (30) days of invoice date, subject to a five percent (5%) retainage to be paid only after full performance and acceptance by City.

b. If City fails to make any payment due Contractor for services and expenses within thirty (30) days of the date on Contractor’s invoice therefore, late fees will be added to amounts due Contractor at the rate of 1.0 percent (1%) per month from original invoice date. Invoices in dispute are not subject to such late fees until such time as they are no longer in dispute.

4. Permits. City will be responsible for obtaining all permits, approvals and authorizations necessary for Contractor’s performance.

5. Termination for Convenience. This Contract may be terminated by mutual consent of the parties upon written notice. In addition, City may terminate all or part of this

Contract upon determining that termination is in the best interest of City by giving seven

(7) days’ prior written notice of intent to terminate, without waiving any claims or remedies it may have against Contractor. Upon termination under this paragraph, Contractor shall be entitled to payment in accordance with the terms of this Contract for Contract work completed and accepted before termination less previous amounts paid and any claim(s) City has against Contractor. Pursuant to this paragraph, Contractor shall submit an itemized invoice for all unreimbursed Contract work completed before termination and all Contract closeout costs actually incurred by Contractor. City shall not be liable for any costs invoiced later than thirty (30) days after termination unless

Contractor can show good cause beyond its control for the delay.

6. Termination for Cause. City may terminate this Contract effective upon delivery of written notice to Contractor, or at such later date as may be established by City, under any of the following conditions:

6.1 If City funding is not obtained and continued at levels sufficient to allow for purchases of the indicated quantity of services. The Contract may be modified to accommodate a reduction in funds.

6.2 If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding proposed for payments authorized by this Contract.

6.3 If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this Contract is for any reason denied, revoked, or not renewed.

7. Termination for Default. Either City or Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination, the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen (15) days of the date of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination.

If Contractor fails to perform in the manner called for in this Contract or if Contractor fails to comply with any other provisions of the Contract, City may terminate this Contract for default. Termination shall be affected by serving a notice of termination on Contractor setting forth the manner in which Contractor is in default. Contractor shall be paid the

Contract price only for equipment installed and services performed in accordance with the manner of performance as set forth in this Contract.

8. Remedies. In the event of breach of this Contract, the parties shall have the following remedies:

8.1 If terminated under paragraph 7 by City due to a breach by Contractor, City may complete the work either itself, by agreement with another contractor, or by a combination thereof. If the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this Contract, then

Contractor shall pay to City the amount of the reasonable excess.

8.2 In addition to the above remedies for a breach by Contractor, City also shall be entitled to any other equitable and legal remedies that are available.

8.3 If City breaches this Contract, Contractor’s remedy shall be limited to termination of the Contract and receipt of Contract payments to which Contractor is entitled.

8.4 City shall not be liable for any indirect, incidental, consequential, or special damages under the Contract or any damages arising solely from terminating the

Contract in accordance with its terms.

8.5 Upon receiving a notice of termination, and except as otherwise directed in writing by City, Contractor shall immediately cease all activities related to the services and work under this Contract.

9. Standard of Care. Contractor warrants that the work to be performed pursuant to this

Contract shall be done in a good and workmanlike manner and will conform to the highest standards prevalent in the industry or business most closely involved in providing the equipment and services City is purchasing.

10. Reports. The Contractor shall provide City with reports as detailed in Contractor’s proposal, at a minimum of once per month, outlining the Project progress, issues of concern and budget status.

11. Change Orders. Contractor and City reserve the right to order changes to the equipment and services to be provided herein. Contractor and City shall determine a fair and equitable cost and, if required, additional time for such changes. All such changes shall be ordered and agreed to in writing by both parties.

12. Confidentiality. Contractor shall maintain the confidentiality, both external and internal, of any confidential information to which it is exposed by reason of this Contract.

Contractor warrants that its employees assigned to this Contract shall maintain necessary confidentiality.

13. Security and Substance Check. Contractor agrees that each of its employees and subcontractor’s employees involved in this Project may, at the option of City and in compliance with Contractor policy, be subject to a security background check and/or substance abuse testing.

14. Access to Records. For a period of not less than three years after City’s final payment to

Contractor, Contractor shall permit the City, the State of Oregon and the Federal Government (if State or Federal funding is involved) to have access to all books, documents, papers and records of Contractor which are pertinent to the Services provided hereunder for purposes of audit, examination, excerpts and transcripts.

Contractor shall retain those records for at least three years, or until litigation is resolved if litigation is instituted.

15. Notice. Any required or permitted notices hereunder must be given in writing at the address of each party set forth below, or to such other address as either party may substitute by written notice to the other in the manner contemplated herein, by one of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or nationally-recognized private express courier:

CITY: CONTRACTOR:

City of Newport __________________________________

169 SW Coast Highway __________________________________

Newport, OR 97365 __________________________________

Phone: (541) 574-3366 Phone: ______

Email: ___________________ Email:

16. Warranty. Contractor’s warranty is as stated within Exhibit B. Contractor further warrants that all materials, equipment, and/or services provided under this Agreement shall be fit for the purpose(s) for which intended, for merchantability, that material and equipment shall be properly packaged, that proper instructions and warnings shall be supplied, and that the Project shall conform to the requirements and specifications herein. Acceptance of any service and inspection incidental thereto by City shall not alter or affect the obligations of Contractor or the rights of City.

17. Insurance. Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this Agreement. The insurance shall cover all activities of the Contractor arising directly or indirectly out of Contractor's work performed hereunder, including the operations of its subcontractors of any tier.

The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at least the following limits and coverages:

17.1. Commercial General Liability Insurance

Contractor shall obtain, at Contractor’s expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and

Property Damage on an “occurrence” form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract.

The following insurance will be carried:

Coverage Limit

General Aggregate $2,000,000

Products-Completed Operations Aggregate $1,000,000

Personal & Advertising Injury $1,000,000

Errors & Omissions $1,000,000

Each Occurrence $1,000,000

Fire Damage (Any one fire) $50,000

Medical Expense (Any one person) $5,000

17.2. Commercial Automobile Insurance

Contractor shall also obtain, at Contractor’s expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000.

17.3. Workers’ Compensation Insurance

The Contractor, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are either subject employers that will comply with ORS

656.017, which requires them to provide workers’ compensation coverage that satisfies

Oregon law for all their subject workers, or employers that are exempt under ORS

656.126. Out-of-state employers must provide Oregon workers’ compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer’s Liability

Insurance with coverage limits of not less than $500,000 each accident.

17.4. Additional Insured Provision

The Commercial General Liability Insurance and Commercial Automobile

Insurance policies and other policies the City deems necessary shall include the

City as an additional insured with respect to this Agreement.

17.5. Notice of Cancellation

There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage of Contractor’s insurance without 30 days prior written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The certificates of insurance provided to the City shall state that the insurer shall endeavor to provide 30 days prior notice of cancellation to the City

17.6. Certificates of Insurance

As evidence of the insurance coverage required by the Agreement, the Contractor shall furnish a Certificate of Insurance to the City. This Agreement shall not be effective until the required certificates have been received and approved by the

City. The certificate will specify and document all provisions within this

Agreement. A renewal certificate will be sent to the City 10 days prior to coverage expiration.

17.7. Primary Coverage Clarification

The parties agree that Contractor’s coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section.

17.8. Cross-Liability Clause

A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution and errors and omissions policies required by this Agreement.

The procuring of required insurance shall not be construed to limit Contractor’s liability under this Agreement. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement.

18. Indemnity. Contractor shall indemnify, hold harmless, and defend City and its representatives, officers, directors, and employees from and for any loss, claim, or tort brought by third parties, including legal fees and costs of defending actions or suits, resulting directly or indirectly from the negligent performance, omission, or fault of Contractor and its employees, representatives, and subcontractors. If the loss or claim is caused by the joint concurrent negligence or other fault of City and Contractor, the loss or claim shall be borne by each in proportion to the degree of negligence or other fault attributable to each.

Notwithstanding the foregoing, Contractor has no duty to defend City against a claim for professional negligence relating to the professional services Contractor provided under this Agreement, except to the extent that Contractor’s liability or fault is determined by adjudication or alternative dispute resolution or otherwise resolved by settlement agreement, and subject to the proportionate fault limitation, above.

Contractor’s obligations under this Section 18 shall survive the expiration or earlier termination of this Contract.

19. Force Majeure. This section applies in the event that either party is unable to perform the obligations of this Agreement because of a Force Majeure event as defined herein, to the extent that the Agreement obligation must be suspended. A Force Majeure event is an event that prohibits performance and is beyond the control of the party. Such events may include natural or man-made disasters, or an action or decree of a superior governmental body which prevents performance. Should either party suffer from a Force

Majeure event and be unable to perform, such party shall give notice to the remaining party as soon as practical and shall do everything possible to resume performance. Upon receipt of such notice, the parties shall be excused from such performance as it is affected by the Force Majeure event for the period of such event. If such event effects the delivery date or warranty provisions of this Agreement, such date or warranty period shall automatically be extended for a period equal to the duration of such event.

20. Independent Contractor. It is the intention and understanding of the parties that

Contractor is an independent contractor and that City shall be neither liable for nor obligated to pay sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of employment. Contractor shall pay all income and other taxes as due. Industrial or other insurance that is purchased for the benefit of Contractor shall not be deemed to convert this contract to an employment contract. It is recognized that Contractor may or will be performing work during the term for other parties and that City is not the exclusive user of the services that Contractor provides.

21. Assignment. Contractor shall not assign or subcontract any of its obligations under this

Agreement without City’s prior written consent, which may be granted or withheld in

City’s sole discretion. Any subcontract made by Contractor shall incorporate by reference all the terms of this Agreement. City’s consent to any assignment or subcontract shall not release Contractor from liability under this Agreement or from any obligation to be performed under this Contract, whether occurring before or after such consent, assignment, or subcontract.

22. Non-Waiver. The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion.

23. Non-Discrimination. Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established pursuant to those laws.

24. Errors. Contractor shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delay and without additional cost.

25. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict of law principles.

26. Consent to Jurisdiction. Any action or suits involving any question arising under this

Agreement must be brought in the appropriate court of the State of Oregon, and the parties hereby consent to venue in Lincoln County Circuit Court, Oregon, unless exclusive jurisdiction is in federal court, in which case venue shall be in federal district court for the

District of Oregon.

27. Public Contracting Requirements. Contractor shall comply with all federal, state and local laws and ordinances applicable to the work under this agreement, including, without limitation, applicable provisions of the Oregon Public Contracting Code including ORS

279B.020, 279B.220, 279B.230, and 279B.235, as more particularly set forth in Exhibit C, attached hereto and incorporated herein by this reference.

28. Arbitration. If any disputes, disagreements, or controversies arise between the parties pertaining to the interpretation, validity, or enforcement of this Agreement, the parties shall, upon the request of City, submit such dispute to binding arbitration under the

Oregon Uniform Arbitration Act, ORS 36.600 et seq. Arbitration shall be requested by delivering to the other party a written request for arbitration. Within five (5) days of receipt of such request, the parties shall select a mutually agreeable arbitrator and designate mutually agreeable rules of arbitration. If the parties cannot agree upon an arbitrator within five (5) days, an arbitrator may be appointed by the presiding judge of the Lincoln County Circuit Court, upon the request of either party submitted in accordance with ORS 36.645. If the parties have not designated mutually agreeable rules of arbitration at such time as the arbitrator is appointed, the arbitrator shall adopt rules for the arbitration. The arbitrator’s decision shall be binding upon the parties.

29. Attorney Fees. If suit, action or arbitration is brought either directly or indirectly to rescind, reform, interpret or enforce the terms of this Agreement, the prevailing party shall recover and the losing party hereby agrees to pay reasonable attorney’s fees incurred in such proceeding, in both the trial and appellate courts, as well as the costs and disbursements. Further, if it becomes necessary for City to incur the services of an attorney to enforce any provision of this Agreement without initiating litigation, Contractor agrees to pay City’s attorney’s fees so incurred. Such costs and fees shall bear interest at the maximum legal rate from the date incurred until the date paid by losing party.

30. Severability/Counterparts. In the event any provision of this Agreement is unenforceable as a matter of law, the remaining provisions will stay in full force and effect. This

Agreement may be executed in counterparts and a signed copy transmitted by facsimile or other electronic means, each of which will be deemed an original, but all of which taken together will constitute one and the same agreement.

31. Entire Agreement. This Agreement shall be the exclusive agreement between the parties with respect to the included terms and for the Project. No modification of this Agreement shall be effective unless in writing and signed by an authorized representative of both parties, except as otherwise authorized herein.

32. Signatures. This Agreement is not effective unless and until it is approved, signed and dated by an authorized representative of each party.

CITY OF NEWPORT Contractor Company

By: By:

Title: Title:

Date: Date:

Exhibit A

Request for Quotes

EXHIBIT B

Contractor Quote

EXHIBIT C

Oregon Public Contracting Requirements

ORS CHAPTERS 279B AND 279C REQUIREMENTS

(1) Contractor shall pay promptly, as due, all persons supplying labor or materials for the prosecution of the work provided for in the contract, and shall be responsible for such payment of all persons supplying such labor or material to any Subcontractor. ORS 279B.220(1); 279C.505(1)(a)

(2) Contractor shall promptly pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the contract. ORS 279B.220(2); 279C.505(1)(b)

(3) Contractor shall not permit any lien or claim to be filed or prosecuted against the

Contracting Agency on account of any labor or material furnished and agrees to assume responsibility for satisfaction of any such lien so filed or prosecuted. ORS 279B.220(3);

279C.505(1)(c)

(4) Contractor and any Subcontractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. ORS 279B.220(4); 279C.505(1)(d)

(5) Contractor agrees that if Contractor fails, neglects or refuses to make prompt payment of any claim for labor or materials furnished to the Contractor or a Subcontractor by any person in connection with the contract as such claim becomes due, the City may pay such claim to the persons furnishing the labor or material and charge the amount of payment against funds due or to become due Contractor by reason of the contract. The payment of a claim in the manner authorized hereby shall not relieve the Contractor or his surety from his or its obligation with respect to any unpaid claim. If the City is unable to determine the validity of any claim for labor or material furnished, the City may withhold from any current payment due Contractor an amount equal to said claim until its validity is determined and the claim, if valid, is paid. ORS 279C.515

(6) Contractor shall promptly, as due, make payment to any person, copartnership, association, or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. ORS 279B.230(1);

279C.530(1)

(7) All subject employers working under the contractor are either employers that will comply with ORS 656.017, or employers that are exempt under ORS 656.126. ORS 279B.230(2);

279C.530(2)

(8) Contractor shall pay employees for overtime work performed under the contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 USC

201, et seq). ORS 279B.235(3); 279C.520(3)

(9) The Contractor must give notice to employees who work on this contract in writing, 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 the days per week that the employees may be required to work. ORS 279B.235(2); 279C.520(2)

(10) All sums due the State Unemployment Compensation Fund from the Contractor or any

Subcontractor in connection with the performance of the contract shall be promptly so paid.

ORS 701.430

(11) The contract may be canceled at the election of City for any willful failure on the part of

Contractor to faithfully perform the contract according to its terms.

(12) Contractor certifies compliance with all applicable Oregon tax laws, in accordance with ORS

305.385.

(13) Contractor certifies that it has not discriminated against minorities, women, service-disabled veterans, or emerging small business or disadvantaged business enterprises in obtaining any required subcontractors. ORS 279A.110

(14) As used in this section, “nonresident contractor” means a contractor that has not paid unemployment taxes or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the bid for the contract, does not have a business address in this state, and stated in the bid for the contract that it was not a “resident bidder” under ORS 279A.120. When a public contract is awarded to a nonresident contractor and the contract price exceeds $10,000, the contractor shall promptly report to the Department of Revenue on forms to be provided by the department the total contract price, terms of payment, length of contract and such other information as the department may require before the bidder may receive final payment on the public contract. ORS 279A.120

(15) If the contract price exceeds $50,000 and this contract is not otherwise exempt, workers shall be paid not less than the specified minimum hourly rate of wage in accordance with ORS 279C.838 and 279C.840. The applicable prevailing rate of wage may be accessed online at: https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx. ORS 279C.830

(16) If the project is subject to both the Davis-Bacon Act and state prevailing rate of wage, Contractor and every subcontractor shall pay workers not less than the higher of the applicable state or federal prevailing rate of wage. ORS 279C.830

(17) Contractor and every subcontractor must have a public works bond filed with the Oregon

Construction Contractors Board before starting work on the project, unless exempt under ORS 279C.836 (4), (7), (8) or (9). ORS 279C.830 https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx