Addendum 1 Movers RFP B09-2026 2-3-26.pdf
PDF 9 MB Posted
- Attached to
- RFP B09-2026 - Bond Movers
- Solicitation number
- S-P03062-00015770
- Issued by
- Clackamas County, Oregon
About this file
This Addendum 1 document provides clarifications and modifications to RFP B09-2026 for moving and relocation services issued by Oregon City School District No. 62. The addendum addresses 16 questions submitted by proposers regarding scope clarifications, packing responsibilities, pricing model application, and project logistics. Key clarifications include confirmation that school staff will handle packing for classrooms and storage areas, with the moving contractor responsible only for library book packing and roller cart/equipment packing; the Candy Lane Elementary School serves as the pricing model for evaluation purposes only; the CTE move should utilize classroom unit pricing; and mobilization costs assume a minimum 4-hour working day with one truck, one lead mover, and two additional movers. The addendum also provides a comprehensive anticipated project timeline spanning March 2026 through August 2027, listing moves for King Elementary, Candy Lane, John McLoughlin, Holcomb, CTE, Gaffney Lane, Beavercreek, and Redland facilities, though the district reserves the right to accomplish moves as determined in its best interest. The addendum clarifies that kitchen equipment permanently attached to utilities will be moved by the general contractor, with only loose, unplugged items included in the mover's scope.
Attachment C presents the revised pricing matrix requiring proposers to bid unit costs for line items including the Candy Lane move to King Elementary (1 unit), CTE moves (5 classroom moves), individual classroom moves (40 units), library moves (2 units), offsite storage moves of 100 square feet (8 units), offsite location moves of 100 square feet (8 units), daily mobilization costs (8 units), gym floor protection using Ramboard product per 1,000 square feet (4 units), moving boxes in sets of 10 (400 units), moving carts for 3-month periods (100 units), and hourly rates for movers, leads, and truck/equipment support. The draft contract indicates the agreement will be a professional services contract for an independent contractor, with payment contingent on full execution and receipt of certificates of insurance demonstrating coverage for workers compensation ($500,000 employers liability), commercial general liability ($2,000,000 combined single limit/$3,000,000 aggregate), commercial automobile liability ($1,000,000 each occurrence), and professional liability/errors and omissions ($1,500,000 per claim/$2,000,000 aggregate if applicable). The contract specifies that all liquidated damages references will be removed during negotiations and that concurrent task work orders are expected across multiple school sites, requiring proposers to address available staffing levels in their RFP narratives.
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Other files
| File | Type | Posted |
|---|---|---|
| OCSD RFP B09-2026 Moving Services.pdf | ||
| Notice of Intent to Award - OCSD B09-2026 Moving Service RFP.pdf |
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Text version
Addendum 1
Moving Services RFP
B09-2026
February 3, 2026
Subject: Addendum 1 to RFP B09-2026 – Moving Services
Dear Proposers, Please be advised of Addendum 1 to Request for Proposals (RFP) B09-2026.
Clarification was requested. Changes, questions and responses are listed below:
Question 1: Packing and Unpacking Responsibility
Please confirm whether the moving contractor is responsible for packing and unpacking the Libraries, Classrooms, and Storage Rooms, or if these activities will be performed by school staff.
Answer 1: School staff will do all packing other than library books and supply storage closets/rooms.
Question 2: Pricing Model Reference
Please confirm whether Candy Lane Elementary School is intended to serve as the pricing model for Attachment C.
Answer 2: Candy Lane is to be priced as a single school for purposes of price evaluation only and is typical of the other schools but not identical. Pricing descriptions as given for classrooms and specific items shall be used for pricing the other items. Task Work
Orders will be developed based on each individual school and the associated needs.
Question 3: Application of Pricing Model
For Attachment C, please confirm whether the Candy Lane pricing model should be applied to the CTE move and to the other elementary school relocations.
Answer 3: The CTE move should be priced using the unit prices for a classroom move. Actual detailed pricing for the CTE spaces will be determined when the Task Work Order is negotiated.
Question 4: Moving Box Quantities
Attachment C references “provide 10 moving boxes” with a quantity of 40.
Please clarify what the quantity of 40 represents.
Answer 4: For pricing purposes, 40 sets of 10 moving boxes will be included in the total. The Attachment C pricing matrix has been modified to clarify the units.
Question 5: Library Quantity
Attachment C references “move one Library” with a quantity of 2. Please clarify what the quantity of 2 represents. During the Candy Lane walkthrough, only one library was observed.
Answer 5: For purposes of pricing evaluation, this line item presents a standardized quantity of two libraries to be moved, with each being the same as the library at Candy Lane.
Question 6: Classroom Packing Scope
For the “move one classroom” scope, please confirm whether classroom packing is the responsibility of the school or the moving contractor.
Answer 6: School staff will do all packing other than library books.
In the event additional moving support is needed for packing or unpacking, this will be Mover’s scope under the rates for Mover and
Lead in the Attachment C Pricing.
Question 7: Library Packing Scope
For the “move one Library” scope, please confirm whether the moving contractor is responsible for packing roller carts and boxes.
Answer 7: For library moves, School Staff will do all packing other than library books on shelves. Roller carts or other equipment needed and the associated packing are the responsibility of the mover.
Question 8: General Contractor Identification
Please identify the General Contractor (GC) for the project.
Answer 8: General Contractor information will be provided to the selected Mover. Each school has a separate GC, and the final three are yet to be selected.
Question 9: Existing Floor Plans
Other than the site walkthrough, please confirm whether any existing floor plans are available for review.
Anwer 9: Concept designs were attached to the solicitation on
Oregon Buys. Simplified existing floor plans are attached for reference only. Only the Candy Lane existing conditions are pertinent for the pricing of this RFP.
Question 10: PPE Requirements
Please advise whether there are any site-specific PPE requirements at any of the project locations.
Anwer 10: No site-specific PPE requirements are expected.
Question 11: On-Site Project Representation
Please confirm whether a school or project representative / project manager will be onsite for the duration of moving operations to address questions and sign daily work documentation.
Answer 11: A school or project representative will be onsite for the duration of moving operations.
Question 12: Site Access
Please confirm whether moving teams will have free and unrestricted access to the sites on the scheduled moving days.
Answer 12: The District anticipates unrestricted access on move days. This does not include removing any existing equipment, fencing or other items to provide access beyond what is currently available. There may be times when the District will need to restrict access through certain entries due to District or GC use, but this will be coordinated in advance with the selected Mover.
Question 13: Disposal Scope
Can the District provide a list of items that will be disposed of as part of this project, or confirm whether disposal services are excluded from the mover’s scope?
Answer 13: A disposal list has yet to be developed. In responding to the RFP, please presume all items will be moved from the current site to the new site. Disposal of items will be negotiated as the Task
Work Order is developed.
Question 14: Mobilization Cost for One Day (Attachment C)
For the line item “Mobilization cost for one day,” can you please clarify what this cost is intended to be based on (e.g., assumed crew size and equipment), and whether this mobilization cost should be assumed per site, per Task Work Order, or per day of active moving regardless of location?
Answer 14: Mobilization Cost for One Day assumes a truck, a lead and two additional movers. It is assumed a minimum working day will be 4 hours.
Question 15: Candy Lane Move / Return Moves (Attachment C)
For the line item “Candy Lane Move,” does this pricing item include both the move to a temporary or location (King Elementary) and the return move back to
Candy Lane, or is it intended to cover the initial move only? Additionally, unless specifically noted otherwise, should proposers assume that temporary relocation moves include a return move?
Answer 15: The Candy Lane Move item should include the costs to move the current school to the King Elementary Campus in June
2026, and to return the school to the Candy Lane campus in August
2027.
Question 16: Concurrent Task Work Orders
Should proposers assume that multiple Task Work Orders may be issued concurrently across different school sites, requiring simultaneous crews and resources?
Answer 16: Concurrent Task Work Orders are expected. Please address available staffing levels within the RFP narrative sections.
Anticipated Dates:
The following dates are provided to assist with determining staffing availability. Exact details regarding each of these moves is not yet available. However, these are offered to assist with understanding the sequencing and timing of the needed moves. Listing of these moves does not imply that each and every move will be assigned to the selected firm through a Task Work Order. The District reserves the right to accomplish each move as determined to be in the best interest of the District.
Move Description Approximate Date
King Elementary move out March 2026
Candy Lane move to King Elementary June 2026
John McLoughlin Partial Move June 2026
Holcomb Move within June 2026
CTE Move out (Three classrooms) June 2026
CTE Move back (two classrooms) August 2026
Holcomb Reset August 2026
Holcomb Partial Move June 2026
Candy Lane Return Move June 2027
Gaffney Lane Move Out June 2027
Beavercreek Move Out June 2027
Redland Move Out June 2027
Holcomb Reset August 2027
Candy Lane Return August 2027
Return moves for Gaffney, Beavercreek and Redland TBD
Clarifications:
At all sites, kitchen equipment that is permanently attached to a utility, such as ovens, large refrigerators, warmers etc. will be moved by the General Contractor. Only loose items that can be carried and unplugged will be part of the Movers’ scope.
Liquidated Damages: All reference to liquidated damages will be removed during contract negotiations. There are no Liquidated Damages associated with this scope.
Additional Attachments:
• Revised Attachment C pricing matrix
• Simplified floor plan and site drawings for every site
• Draft contract for reference. Actual contract will be negotiated.
Oregon City School District Request for Proposal Number: B09-2026 Phase 2 and Phase 3 Projects
Attachment C
Item Cost Each Units Quantity to Quote
Total Bid Cost (Cost Each X Quantity to Quote)
Candy Lane Elementary Move to King Elementary Site
$ Ea 1 $
CTE Move (5 classroom moves) $ Ea 5 $ Move One Classroom $ Ea 40 $ Move One Library $ Ea 2 $ Move to offsite storage, 100 sq ft for 3 months, both directions of move
$ Ea 8 $
Move to offsite location, 100 sq ft, both directions of move
$ Ea 8 $
Mobilization cost for one day $ Ea 8 $ Provide and remove 1,000 sq ft gym floor protection using Ramboard type product
$ Ea 4 $
Provide moving boxes $ Ea 400 $ Provide one moving cart for 3 months $ Ea 100 $ Hourly cost per mover $ /Hr 80 $ Hourly cost per lead $ /Hr 40 $ Cost for truck and all other support equipment, incidentals, services and overhead
$ /Hr 40
Total $
Oregon City School District Request for Proposal Number: B09-2026 Phase 2 and Phase 3 Projects
Move one classroom scope:
1. Provide two roller carts
2. Provide 24 flat fold moving boxes
3. Provide bags for phone, keyboard, mouse, camera etc.
4. Provide tape, labels, pens
5. Move 32 student chairs
6. Move 32 student desks
7. Move (2) 20” x 60” teacher desks
8. Move 2 teacher adjustable chairs
9. Move 15 large countertop items
10. Move one PC and associated equipment
11. Move boxes and cart contents
12. Deliver contents to new location and place as directed
a. Does not include unpacking
Move one Library scope:
1. Provide ten roller carts
2. Provide 36 flat fold moving boxes
3. Provide bags for phone, keyboard, mouse, camera etc.
4. Provide tape, labels, pens
5. Move 36 student chairs
6. Move 8 student round tables
7. Move (2) 20” x 60” teacher desks
8. Move 2 teacher adjustable chairs
9. Move 15 large countertop items
10. Move one PC and associated equipment
11. Move boxes and cart contents
12. Deliver contents to new location and place as directed
a. Does not include unpacking other than library books to shelves
Move to offsite storage:
1. Move identified contents to offsite vendor provided storage using up to 100 sq ft of floor space, including return move
Move to offsite location:
1. Move identified contents to offsite district provided storage using up to 100 sq ft of floor space, including return move within 15 miles
Professional Services Agreement Between Oregon City School
District No. 62 And
XXXX
This Agreement is between the Oregon City School District No. 62, hereinafter “OCSD” and
XXXXX, hereinafter “Contractor” (and collectively the “Parties”).
The parties mutually agree as follows:
Term of Agreement. This agreement shall become effective on the date it is signed by all parties and shall expire when the Contractor has completed performance or on xx/xx/xxxx, whichever date occurs first. However, such expiration shall not extinguish or prejudice the OCSD’s right to enforce this contract with respect to (a) breach of a Contractor warranty or (b) default or defect in the
Contractor’s performance which has not been cured.
Scope of Work. Contractor shall perform the work described in Proposal to Provide XXX Services per RFP XXX-
2025 dated XXX, 2025, which is attached to this agreement and incorporated into this agreement by this reference.
Consideration. OCSD agrees to pay Contractor, from available and authorized funds, assume not to exceed $0 (zero dollars) including any allowable reimbursable expenses.
Payment for Work. No payments shall be made until this Agreement is fully executed by both parties.
Invoices shall not be issued prior to delivery of items/performance of service. Payment shall not be made prior to receipt of items/performance and invoice. Unless otherwise specified in the Scope of
Work or solicitation document, the Contractor will submit invoices monthly for services rendered and
OCSD shall remit payment within 30 calendar days of receipt of invoice. Contractor is responsible for providing appropriate documentation of wages for BOLI prevailing wage when necessary. A W-9 must be on file with the District.
STANDARD TERMS AND CONDITIONS
Legal Relationship with Contractor. OCSD and the Contractor intend the legal relationship between the parties to be at all times and for all purposes under this Agreement that of an independent contractor.
Contractor represents and warrant Contractor meets the independent contract standards in ORS
670.600. The Contractor shall complete a Determination of Independent Contractor form to certify their status as an independent contractor.
Contract Performance.
a. Services. Contractor's performance of Services shall be as a professional consultant to
Owner to carry out the project described in the scope of work ("Project") and to provide the technical documents and supervision to achieve Owner's Project objectives.
b. Subcontractors. Contractor shall provide a list of all subcontractors, which Contractor intends to utilize on the Project (the "Subcontractors"). This list shall include such information on the qualifications of the Subcontractors as may be requested by Owner.
Owner reserves the right to review the Subcontractors proposed, and the Contractor shall not retain a Subcontractor to which Owner has a reasonable objection.
c. Key Personnel. Contractor shall make available Key Personnel identified in its proposal.
Contractor shall provide to Owner a list of the proposed Key Personnel to be assigned to the Project. This list shall include such information on the professional background of each Key Person as may be requested by Owner. If any Key Person becomes unavailable to Contractor, the Parties shall mutually agree upon an appropriate replacement. Contractor shall remove any individual or Subcontractor from the Project if so, directed by Owner in writing following discussion with Contractor, provided that
Contractor shall have a reasonable time period within which to find a suitable replacement.
d. Contract Performance. Contractor shall at all times perform the Services diligently and without delay and shall punctually fulfill all Contract requirements consistent with the schedule for the performance of Services. Expiration or termination of the Contract shall not extinguish, prejudice, or limit either party’s right to enforce this Contract with respect to any default or defect in performance. Time is of the essence in the performance of this Contract.
Subcontracts and Assignment. Neither party shall subcontract or assign any part of the Agreement without the prior written approval of the other party. Any attempted assignment of this Agreement without the prior written approval of OCSD shall be void.
Termination. This Agreement may be terminated as follows unless otherwise specified herein:
a. Mutual: OCSD and Contractor may terminate this Agreement at any time by written agreement.
b. OCSD's Sole Discretion: OCSD in its sole discretion may terminate this Agreement for any reason on seven (7) calendar days’ written notice to Contractor. OCSD shall pay
Contractor for all work satisfactorily performed prior to the termination date.
c. Breach: Either party may terminate this Agreement in the event of a breach by the other party. To be effective, the party seeking termination must give the other party written notice of the breach and its intent to terminate. If the breaching party does not entirely cure the breach within fifteen (15) calendar days of the date of the notice, then the non-breaching party may terminate this Agreement at any time thereafter by giving a written notice of termination. OCSD shall pay Contractor for all work satisfactorily performed prior to the termination date.
d. Termination by either party shall not constitute a waiver of any claim either party may assert against the other party.
Access to Records. Each party shall have access to the books, documents and other records of the other party which are related to this Agreement for the purpose of examination, copying and audit unless otherwise limited by law. The Contractor shall maintain such books and records for a minimum three (3) years, or such longer period as may be required by applicable law, following final payment and termination of this Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this contract, whichever date is later.
Confidentiality. No reports, information, and/or data to or prepared or assembled by the Parties under this Agreement shall be made available to any individual or organization by either party without the prior written approval of the other party or when required by state or federal law. If requested, the
Contractor agrees to execute and abide by the district’s “Vendor Confidentiality Agreement” regarding student records. Contractor shall not access District’s computer records or network without specific written permission from the Director of Operations.
Compliance with Applicable Laws. Contract shall comply with all federal, state, county and local laws, ordinances and regulations applicable to the work to be done under this contract. Owner's performance under this Contract is conditioned upon Contractor's compliance with the provisions of ORS 279A.110
(Discrimination in subcontracting prohibited; remedies); ORS 279B.045 (Contractor warranty and covenant concerning tax law compliance). ORS 279C.505 (Conditions concerning prompt payment of subcontractors, no liens, withholding, and employee drug testing), 279C.520 (Condition concerning hours of labor; compliance with pay equity provisions; protected employee discussion of rate of pay or benefits), and 279C.530 (Conditions concerning payment for medical care and providing workers' compensation), and ORS 279C.540 (Maximum Hours of labor on public contracts; holidays; exceptions;
liability to workers; rules), which are hereby incorporated by reference. Contractor, the Subcontractors, if any, and all employers providing Services, labor or materials under this Contract are subject employers under the Oregon workers' compensation law and shall comply with ORS 656.017.
Insurance. Unless otherwise specified in a solicitation document (if any), at all times while providing services under this Agreement Contractor shall maintain in force, at Contractor's expense the following insurance coverage:
a. Workers Compensation. As required by ORS 656.017, subject employers shall provide
Workers Compensation coverage in accordance with ORS Chapter 656 for all subject workers. Contractor shall have this insurance unless exempt under ORS 656.027 or
656.126. Contractors that are statutory subject employers shall submit a certificate of insurance to OCSD showing proof of coverage and shall carry limits of $500,000 for
Employers Liability under the workers compensation policy form. If Contractor is not a subject employer, does not have coverage, and claims to be exempt, Contractor shall complete a Workers’ Compensation Exemption Certificate in lieu of providing the above certificate of insurance.
b. Professional Liability/Errors & Omission (“E&O”). If Contractor is performing services that require a state license, certifications, and or specialized training, then Contractor shall maintain professional liability/E&O insurance coverage of at least $1,500,000 for each claim, incident, or occurrence, and at least $2,000,000 annual aggregate coverage.
This policy shall provide extended reporting period coverage for claims made within two (2) years after this Agreement is completed or otherwise terminated according to its terms. If Contractor is performing services that do not require a state license, then
Provider does not have to maintain professional liability/E&O insurance.
c. Commercial General Liability. Contractor shall maintain general liability insurance coverage on an occurrence basis with a combined single limit of not less than
$2,000,000 for bodily/personal injury and property damage, with an annual aggregate
$3,000,000. Contractor’s general liability insurance must include contractual liability insurance.
d. Commercial Automobile Liability. Contractor shall maintain automobile liability insurance with a combined single limit, or the equivalent of not less than $1,000,000 each occurrence for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles.
d. Certificate(s) of Insurance. This Agreement is not binding, and the Contractor will not commence work until OCSD receives certificate(s) of insurance (emailed from
Contractor’s insurance carrier(s) directly to OCSD) demonstrating Contractor meets all of the insurance requirements in this Section of the Agreement. Each provider of certificate or policy holder shall provide there shall be no cancellations, termination, material change or reduction of limits of the insurance without prior written notice to
OCSD. For all general liability coverage, the certificate shall also provide an endorsement
(either form No. CG 2010 (04/13) together with CG 2037 (04/13)) to this effect and name OCSD, its agents, officers, Board of Directors and employees as additional insured with respect to Contractor’s services provided under this Agreement.
Indemnity and Hold Harmless.
a. Claims For Other Than Professional Liability. Contractor shall defend, indemnify, and hold harmless Owner, and its officers, agents, and employees, from and against all claims, suits, actions, losses, damages, liabilities, costs, including attorney fees, and expenses of whatsoever nature resulting from or arising out of the acts or omissions of Contractor or its sub-consultants, subcontractors, agents, or employees under this Contract.
b. Claims For Professional Liability. Contractor shall indemnify and hold harmless Owner, and its officers, agents, and employees, from and against all claims, suits, actions, losses, damages, liabilities, costs, and expenses of whatsoever nature arising out of the professionally negligent acts, errors, or omissions of Contractor or its sub-consultants, subcontractors, agents, or employees in the performance of professional services under this Contract.
c. Exception. Nothing in Sections (a) or (b) requires Contractor or Contractor’s surety or insurers to indemnify Owner, its officers, agents, and employees against liability for damages for death or bodily injury to persons or damage to property caused in whole or in part by the negligence of Owner, its officers, agents, and employees. Nothing in the foregoing limits or otherwise affects any requirement in Sections (a) or (b) that requires Contractor to indemnify Owner, its officers, agents, and employees against liability for damages for death or bodily injury to persons or damage to property arising from the fault of the Contractor or
Contractor’s agents, representatives, employees, or subcontractors.
Licenses. At all times during the term of this Agreement Contractor represents it has any currently required licenses, certificates or other evidence of the necessary skills, abilities and professional knowledge needed to carry out the terms of this Agreement.
Background and Criminal Records Checks. The Contractor agrees to comply with the OCSD policy regarding background and criminal background checks for all employees who will be providing services to the OCSD. No unsupervised contact with students is permitted.
Security. Contractor agrees to abide by all District rules and regulations while on District property.
Unsupervised access to students will require fingerprinting and criminal records check as required by law. Contractor will be responsible for all costs associated with this requirement. If approved access to students is granted, all personnel shall be required to prominently display District issued identification while on District property. All property issues will remain the property of District and upon termination or expiration of this contract, Contractor will return all identification and other property to the District.
Confidentiality of Student Records. Contractor agrees to adhere to requirements of state and federal law to protect all personally identifiable information and to share information only with authorized representatives of the District. The Parties recognize the Family Educational Rights and Privacy Act
(FERPA) imposes strict penalties for improper disclosure or re-disclosure of confidential student information for at least five (5) years (34 CFR 99.33(e)). Therefore, consistent with the requirement of
FERPA, the Contractor will safeguard all records maintained by the Contractor and personally identifiable information obtained by the Contractor in the performance of this Agreement may not be re-disclosed to third parties without the permission of an authorized representative of the District or written consent of the students’ parent/guardian, and must be used only for the purposes identified in this Agreement. Copies of all records created by the Contractor that pertain to students will be provided to the District. If requested, the Contractor agrees to execute and abide by the District’s
“Vendor Confidentiality Agreement.” Contractor granted access to District’s network will be required to sign a “District Acceptable Use Policy.”
When Work Is Performed On District Property Contractor Shall Comply With The Following:
a. Identification Contractor shall carry photo identification and will present such upon request.
Contractors that do not have specific uniforms for employees shall provide identification tags, as described above, and / or any other mechanism, OCSD in its sole discretion determines is required to easily identify Contractors.
b. Sign-In Required Contractors are required to sign in at the main office each day
c. No Tobacco use of any kind is strictly prohibited on all District property.
d. No Weapons or Firearms Except as provided by Oregon Statutes and District Policy, weapons and firearms are prohibited on District property.
e. Clothing No suggestive clothing (drugs, alcohol, tobacco, racist, sexual, political, etc.) are permitted on District property
Hazardous Materials. Contractors shall notify District prior to using products containing hazardous chemical(s) to which District employees may be exposed. Products containing hazardous chemicals are those products defined by Oregon Revised Statutes, Chapter 465. Contractor shall supply Material
Safety Data Sheets (MSDS) OAR Chapter 437, Division 2, subdivision Z.
Waiver, Severability. Waiver of any default or breach under this Agreement by OCSD does not constitute a waiver of any subsequent default or a modification of any other provision(s) of this
Agreement. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provision shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the
Agreement did not contain the particular term or provision held invalid.
Remedies. In case of Contractor’s breach and in addition to the other provisions of this Agreement, OCSD shall be entitled to any other available legal and equitable remedies. In case of OCSD’s breach, Contractor’s remedy shall be limited to termination of this Agreement and receipt of payments to which
Contractor is entitled.
Attorney Fees. The Parties agree if any suit or action at law, in equity, or through arbitration is filed to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorney fees, costs, and disbursements in addition to any other relief to which that party may be entitled. If the prevailing party is represented by “in-house” counsel, it shall nevertheless be entitled to recover reasonable attorney fees based upon reasonable time, rates and charges generally accepted in the Salem, Oregon area for the type of legal services performed.
Notices. All notices or demands of any kind required or desired to be given by OCSD or Contractor must be in writing and shall be deemed delivered upon depositing the notice or demand in the United States mail, certified or registered, postage prepaid, addressed to the respective party at its address listed below:
Oregon City School District No.62 Vendor:
Attn: David Hobbs Attn:
1417 12th St. ADDRESS:
Oregon City, OR 97045 ADDRESS:
(503) 785-8531 PHONE:
Governing Law. The provision of this Agreement shall be construed in accordance with the laws of the State of
Oregon. Any legal action involving any question arising under this Agreement must be brought in the appropriate court in the State of Oregon. If the claim must be brought in a federal form, then it shall be brought and conducted in the United States District Court for the State of Oregon. CONTRACTOR AGREES TO THE
JURISDICTION OF THESE COURTS.
Merger Clause. There are no covenants, promises, agreements, conditions, or understandings between the
Parties, either oral or written, other than those contained in this Agreement and its attachments (s). All attachment(s) hereto together constitute the entire agreement between the Parties.
Force Majeure. Neither OCSD nor Contractor shall be responsible for delay or default caused by any contingency beyond their control, including, but not limited to war or insurrection, strikes or lockouts by the Parties’ own employees, walkouts by the Parties’ own employees, fires, natural calamities, riots or demands or requirements of governmental agencies other than OCSD.
Ownership of Work Product. Any and all goods and services developed for OCSD pursuant to this Agreement are intended as works made for hire. Works made for hire are the exclusive property of OCSD. Contractor hereby irrevocably assigns to OCSD all of its right, title and interest in and to any and all of the work product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Contractor forever waives any and all rights relating to the work product including any and all rights of approval, restriction or limitation on use or modification.
If any such work products contain intellectual property of the Contractor that is or could be protected by federal copyright, patent, or trademark laws, Contractor hereby grants OCSD a perpetual, royalty-free, fully paid-up, non-exclusive and irrevocable license to copy, reproduce, deliver, publish, perform, dispose of, use, re-use, in whole or in part, and to authorize others to do so, all such work products. OCSD shall have no rights in any pre-existing work product of Contractor provided to OCSD by Contractor in the performance of this Contract except to copy, use, and re-use any such work product for OCSD use only.
If this Contract is terminated by either party or by default, the OCSD, in addition to any other rights provided by this Contract, may require the Contractor to transfer and deliver such partially completed work products, reports, or other documentation that the Contractor has specifically developed or specifically acquired for the performance of this Contract.
Representations. Contractor represents and warrants to OCSD any and all work under this Agreement shall be performed in a good workmanlike manner and in accordance with the highest professional standards. In addition, Contractor warrants employees assigned to perform service(s) under this Agreement will have the required qualifications and licenses to perform their normal professional duties. Upon request Contractor will provide
OCSD with additional information concerning Contractor’s employees’ qualifications and expertise to assist OCSD in conforming with internal rules and policies. Contractor’s employees will comply with all Federal and State rules and regulations.
Modification. No waiver, consent, modification or change in the terms of this Agreement shall bind either party unless in writing signed by both Parties. A written waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given.
Responsibility of Taxes and Withholding. Contractor shall be responsible for all federal or state taxes applicable to compensation paid to Contractor under this Agreement. OCSD will not withhold from such compensation any amount(s) to cover Contractor’s federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers compensation benefits from compensation paid to
Contractor under this Agreement.
Funding. This Agreement is subject to availability of appropriated funds. If payment for work under this
Agreement extends into the OCSD's next fiscal year, OCSD's obligation to pay for work under this Agreement is subject to future budget appropriations. OCSD reserves the right to adjust the work provided for in this
Agreement or terminate this Agreement if there are insufficient or no appropriations to fund this Agreement.
Agreements funded pursuant to a grant or grants are not at all time subject to availability of grant funds.
Employee Removal. Contractor will immediately remove any Contractor’s employee, agent or officer from all
OCSD facilities in cases where OCSD determines, in its sole discretion, that removal of the employee, agent or officer is in OCSD's best interest.
(continued on next page)
I have read this Agreement. I certify I have the authority to sign and enter into this Agreement. I understand this Agreement and agree to be bound by its terms. Contractor further certifies that it is a corporation or has completed and submitted OCSD Verification of Sole Proprietorship Status form.
THIS CONTRACT IS NOT VALID UNTIL ALL SIGNATORY APPROVALS ARE COMPLETED AND ALL
INSURANCE CERTIFICATES HAVE BEEN RECEIVED
Signature Signature
David Hobbs, Director of Capital Bond
XXX
Date Date
Oregon City School District No. 62 Full Business Name:
1417 12th St. Address:
Oregon City, OR 97045 City, State, ZIP:
503‐785‐8531 Business Telephone:
david.hobbs@orecity.k12.or.us Email:
Federal Tax Identification Number(“TIN”) or Social Security Number(“SSN”)
File details come from the government source that posted it. Updated .