2. Attachment A - Sample Contract - RFP - Demolition Services.pdf

ATTACHMENT A - RFP Demolition Services

Sample Contract

DEMOLITION SERVICES AGREEMENT

between

Hillsboro School District 1J and

This Demolition Services Agreement ("Agreement") is made and entered into this _____ day of

_______________, 2026, by and between Hillsboro School District 1J, a public school district organized under the laws of the State of Oregon ("District"), and [Contractor Name], a licensed, bonded, and certified contractor in the State of Oregon ("Contractor").

CONTRACTOR DATA

Contractor attests that it is a contractor solely responsible for the Services (as described in Attachment D) performed under this Agreement. Contractor and its subconsultants, employees, and agents shall not be deemed employees of District. Contractor shall be responsible for all federal, state, and local taxes and any and all fees applicable to payments for the Services under this Agreement.

Contractor will perform the Services (a) in accordance with and subject to the terms and conditions of this

Agreement; (b) in compliance with all federal, state, and local laws applicable to Contractor’s performance of the Services, including but not limited to laws, rules, regulations, and policies concerning workers’ compensation, equal employment, and nondiscrimination requirements; (c) in accordance with the standard of skill, expertise, and care for construction consultants and managers of similar experience performing similar services for projects of similar scope and complexity to the Project in the Portland, Oregon, metropolitan area;

and (d) in coordination and cooperation with District.

Full Business Name:

Address:

City, State, ZIP:

Business Telephone:

Email:

Federal Tax Identification Number (TIN) or Social Security Number (SSN): ________________. Contractor must submit a completed “Request for Taxpayer Identification Number and Certification” (Form W-9) with this signed Agreement. Payment information will be reported to the Internal Revenue Service under the name and

TIN or SSN, whichever is applicable, provided by Contractor.

WHEREAS, District owns three (7) specific real property structures located within Washington County, Oregon, which have been slated for redevelopment; and

WHEREAS, Contractor represents that it possesses the requisite expertise, heavy equipment, labor, licenses, and specific environmental certifications to perform safe demolition and site clearance;

NOW, THEREFORE, the parties agree as follows:

1. SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, tools, permits, and professional oversight (including, but not limited to, securing the site and the Contractor’s property that is left on-site) necessary to completely demolish, clear, and remediate the following three (6) distinct properties (collectively, the "Properties"):

Structure Type Property Location /

Description

Core Requirements COST

Residential

Home #1

222 SE 5th Avenue, Hillsboro, OR 97123, Washington County, OR

Hazardous material mitigation, foundation removal, and finishing per requirements found in

Attachment D

Residential

Home #2

233 SE 6th Avenue, Hillsboro, OR 97123, Washington County, OR

Hazardous material mitigation, foundation removal, and finishing

Office Building 234 SE 5th Avenue, (Physically located on

Gumleaf Lane) Hillsboro, OR 97123, Washington

County, OR

One-story medical offices, commercial utility capping, concrete recycling, band finishing

Foundation #1

508 SE Washington

Street, Hillsboro, OR

Remove existing foundation, and finishing per requirements found in Attachment D

97123, Washington

County, OR

Foundation

526 SE Washington

Street, Hillsboro, OR 97123, Washington County, OR

Remove existing foundation, and

534 SE Washington

Street, Hillsboro, OR 97123, Washington County, OR

Remove existing foundation, and

School Building

215 SE 6th Avenue, Hillsboro, OR 97123, Washington County, OR

Remove existing foundation, and

GRAND TOTAL:

● Securing Site and Property: The Contractor agrees to secure all properties with fencing, locks and any other security measures deemed necessary. Contractor is responsible for all aspects of land, equipment and anything on-site during the timeframe of this contract. Access to the site should be given to the Executive Director of Facilities.

● Utility Disconnection: Contractor must coordinate directly with local utility companies (water, power, gas, sewer) to ensure all services are safely capped and sealed at the property line before structural impacts.

● Debris Removal: All materials, concrete foundations, footings, and trash must be legally hauled off-site.

Open burning is strictly prohibited.

● Contractor shall, for a period of one year after Substantial Completion (the “Correction Period”), correct Work that is defective or that does not otherwise conform to the requirements of the Contract

Documents.

○ If, during the Correction Period and after ten days’ notice, Contractor fails to proceed to cure any defective or nonconforming Work, District may have the defects corrected and Contractor and its surety shall be liable for all expenses incurred. In case of an emergency where, in the opinion of District or District’s Design Professional, delay would cause serious loss or damage, corrective work may be undertaken without advance notice to Contractor, but Contractor and its surety shall remain liable for all expenses incurred. The remedies stated in this subsection are not exclusive but are cumulative of any other remedies that District may have.

2. OREGON PUBLIC CONTRACTING & REGULATORY COMPLIANCE

As a public project for an Oregon school district, the Contractor must comply with all local, state, and federal statutes, specifically:

● Oregon Bureau of Labor and Industries (BOLI): Contractor shall pay prevailing wage rates to all workers as mandated by the Oregon Prevailing Wage Rate Law (ORS 279C.800 to 279C.870). Certified payroll records must be submitted weekly to the District.

● Prompt Payment & Liens (ORS 279C.505): Contractor shall make prompt payment to all persons supplying labor or materials, and pay all contributions to the Industrial Accident Fund.

● Hours of Labor & Overtime (ORS 279C.520): Workers must be compensated at least time-and-a-half for all hours worked over 40 hours per week, or on legal holidays.

● Environmental & Resource Regulations (ORS 279C.525): Contractor must prevent dust, noise, and erosion from impacting nearby educational or residential infrastructure.

3. ENVIRONMENTAL HAZARDS (DEQ REQUIREMENTS)

Given the age of the homes and office building, hazardous materials are expected:

● Asbestos & Lead Survey: Contractor must review existing District surveys or conduct an independent survey prior to disturbances.

● DEQ Notification: Contractor must possess a valid Oregon DEQ Asbestos Abatement License and file an official Asbestos Project Notification with the Oregon Department of Environmental Quality at least

10 days before work begins.

● Disposal Manifests: Safe transport and disposal manifests from a certified hazardous waste landfill must be provided to the District before final payment is released. [1]

4. TIMELINE & PERIOD OF PERFORMANCE

● Notice to Proceed: Work will commence as soon as possible once a written Notice to Proceed from the

District has been received.

● Weekly Progress Check In: Contractor or representative shall meet with Executive Director of Facilities, at work site, every week on ((DAY)) at ((TIME))to provide updates on status.

https://www.portland.gov/ppd/residential-permitting/home-projects/residential-demolition-permits

● Final Completion: All grading, seeding/stabilization, and any other requirements, stated or implied in documents from the RFP and document delivery must be completed by December 18, 2026.

5. COMPENSATION & RETENTION

● Contract Price: The District shall pay Contractor a fixed lump sum of $[Insert Dollar Amount] for the complete execution of the Scope of Work.

● Retainage: Pursuant to Oregon public contracting laws, the District will withhold a 5% retainage fee from every progress payment. Retainage will be released only upon final site acceptance, receipt of clean closure reports, and verified DEQ disposal manifests.

6. LIABILITY, INDEMNIFICATION, AND INSURANCE

Contractor shall defend, indemnify, and hold harmless the Hillsboro School District 1J, its board, officers, and employees from any liability or damages arising out of operations. Contractor must maintain the following minimum coverages:

● Commercial General Liability: $2,000,000 per occurrence / $4,000,000 aggregate.

● Pollution/Environmental Liability: $1,000,000 per occurrence (covering hazardous waste transit and asbestos remediation).

● Automobile Liability: $1,000,000 combined single limit.

● Workers’ Compensation: Statutory limits in compliance with Oregon law.

● Dispute Resolution:

○ Arbitration. Every claim, dispute, or other matter in question arising out of or related to this

Agreement is subject to arbitration. Unless the parties mutually agree otherwise, arbitration is to be administered by and in accordance with the rules of the Arbitration Service of Portland, Inc. The arbitrator will be appointed in accordance with the rules of Arbitration Service of

Portland, Inc. A demand for arbitration must be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. Unless the parties agree otherwise in writing, the place of arbitration will be Washington County, Oregon.

The award rendered by the arbitrator will be final, binding, and nonappealable, and judgment may be entered on the award in any court having jurisdiction.

○ Mediation. The parties may endeavor to resolve disputes by mediation at any time as they may agree, provided, however, that resolution of disputes by mediation is not required prior to initiating resolution of disputes by arbitration.

○ Consolidation or Joinder. Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that

(i) the arbitration agreement governing the other arbitration permits consolidation, (ii) the arbitrations to be consolidated involve substantially common questions of law or fact, and

(iii) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). Either party, at its sole discretion, may include in an arbitration proceeding by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded. District and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 8.2, whether by joinder or consolidation, the same rights of joinder and consolidation that District and

Contractor enjoy under this Agreement.

● Force Majeure Event. Neither party will be liable for a failure to perform under this Agreement caused by a Force Majeure Event, provided that (a) the party failing to perform must immediately give notice to the other party of the extent and nature of the problem, (b) the party failing to perform must limit delay in performance to that required by the event, (c) the party failing to perform must take all reasonable steps to minimize delays, and (d) the failure to perform is beyond the control and without the fault or negligence of the nonperforming party.

● Nondiscrimination Clause. Contractor must comply with all applicable requirements of federal and state civil rights law and rehabilitation statutes and shall not discriminate based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, source of income, or political affiliation in programs, activities, services, benefits, or employment.

● Waiver. Any failure by either party to insist upon the performance of any provision of this Agreement will not constitute a waiver of any rights or a waiver of any right to future performance of that provision. For any waiver or modification of any provision of this Agreement to be effective, it must be set forth in a writing executed by both parties’ authorized agents.

● Successors and Assigns. Each of the parties to this Agreement binds its successors and assigns with respect to all covenants of this Agreement. Neither party may assign its rights or obligations under this

Agreement to any other person or entity without written consent of the other party, and consent is not to be unreasonably withheld.

● Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon, without reference to conflicts-of-law principles.

● Entire Agreement. Except as otherwise provided in this Agreement, this Agreement represents the entire, integrated agreement between District and Contractor with respect to the Services, and supersedes all prior negotiations, representations, or agreements, either written or oral. This

Agreement may be amended only by an Amendment signed by both parties.

● Severability. If any section or portion of this Agreement is held to be wholly or partially contrary to law or otherwise invalid, unenforceable, or inapplicable for any reason, that section or portion will continue in effect only to the extent consistent with the law. All remaining sections and portions of this

Agreement will remain fully valid, in force, and applicable.

● Counterparts and Electronic Signatures. This Agreement may be executed (a) in counterparts with the same effect as if both parties had signed the same counterpart, and (b) by electronic signature delivered via facsimile, PDF, or other electronic means. Counterparts will be construed together and will constitute one agreement. A single counterpart may be introduced as evidence of this Agreement.

● Attorney Fees. If a suit or action is filed to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statute, any sum which an arbitrator or a court, including any appellate court, may adjudge reasonable as attorney fees. If the prevailing party is represented by “in-house” counsel, the prevailing party shall nevertheless be entitled to recover reasonable attorney fees based upon the reasonable time incurred and the attorney fee rates and charges reasonably and generally accepted in the metropolitan Portland, Oregon, area for the type of legal services performed.

● Rule of Construction. The rule of construction that a contract is construed against the drafter shall not apply to any dispute over the interpretation of application of the contract.

SIGNATURES OF AUTHORIZED REPRESENTATIVES

DISTRICT

Hillsboro School District 1J

Signature

J. Scott Harrison Printed Name

Chief Financial Officer Title

CONTRACTOR

[Name]

Signature

Printed Name

Title

CCB #