Cornerstone Outdoor Life, LLC ~ C210026 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUSTACCOMPAWEVERY CONTRACT
Contract Title: Annand Park Retaining Wall Number: C210026
Contractor: Cornerstone Outdoor Life,LLC Contract Total: $11,200
Contract Overview:
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Martin McKnight Ext: 2598 Department: PW- Parks
Type: ❑ Personal Svc ❑ Professional Svc ❑ Public Imp ® General Svc ❑ Coop Purchase
❑ Other: Start Date: 09/21/2020_End Date: 10/31/2020
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Cornerstone Outdoor Life Direct Appt
Account String: Fund-Division-Account Work Order—Activit:T3:12e Amount
FY 20/21 420-8000-56005 92053-140 11,200
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract# C210026
CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
ANNAND PARK RETAINING WALL
THIS AGREEMENT made and entered into this 2'of September,2020 by and between the City of Tigard,a
municipal corporation of the State of Oregon, hereinafter called "City", and Cornerstone Outdoor Life, LLC,
hereinafter called"Contractor",collectively known as the"Parties."
RECITALS
WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and
WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for
which City requires the services; and
WHEREAS, City and Contractor wish to enter into a contract under which City will purchase the services
described in Contractor's bid or proposal;
THEREFORE,the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to installation of a retaining wall as detailed in Exhibit A—
Scope of Services and by this reference made a part hereof
2. EFFECTIVE DATE AND DURATION
This Agreement is effective upon the date of execution and expires, unless otherwise terminated or
extended, on October 31, 2020. All services are to be completed prior to the expiration of this
Agreement.
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding Eleven Thousand Two Hundred and No/100
Dollars ($11,200.00) for of those services described herein,which payment is based upon the following
applicable terms:
A. Payment by City to Contractor for performance of services under this Agreement includes all
expenses incurred by Contractor,with the exception of expenses,if any,identified in this Agreement
as separately reimbursable.
B. Payment will be made in installments based on Contractor's invoice, subject to the approval by
the City, and not more frequently than monthly. Unless otherwise agreed,payment will be made
only for work actually completed as of the date of invoice.
C. Payment by City releases City from any further obligation for payment to Contractor, for services
performed or expenses incurred as of the date of the invoice. Payment may not be considered
acceptance or approval of any work or waiver of any defects therein.
D. Contractor must make payments promptly, as due, to all persons supplying labor or materials for
the prosecution of this work.
E. Contractor may not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
F. Contractor will pay to the Department of Revenue all sums withheld from employees pursuant to
ORS 316.167.
G. Contractor will pay all contributions or amounts due to the Industrial Accident Fund from the
contractor or any subcontractor.
H. If Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services
furnished to Contractor or a subcontractor by any person as such claim becomes due, City's
Finance Director may pay such claim and charge the amount of the payment against funds due or
to become due the Contractor. The payment of the claim in this manner does not relieve
Contractor or their surety from obligation with respect to any unpaid claims.
I. Contractor will promptly, as due, make payment to any person, co-partnership, association, or
corporation, furnishing medical, surgical, and hospital care or other needed care and attention,
incident to sickness or injury, to the employees of Contractor, or all sums that contractor agrees to
pay for the services and all moneys and sums that Contractor collected or deducted from the wages
of employees pursuant to any law,contract or agreement for the purpose of providing or paying for
services.
J. Contractor and its employees, if any, are not active members of the Oregon Public Employee
Retirement System and are not employed for a total of 600 hours or more in the calendar year by any
public employer participating in the Retirement System.
K. . Contractor must obtain,prior to the execution of any performance under this Agreement, a City of
Tigard Business License. The Tigard Business License is based on a calendar year with a December
31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay
a pro-rated fee though the end of the calendar year.
L. The City certifies that sufficient funds are available and authorized for expenditure to finance costs
of this contract during the current fiscal year. Funding during future fiscal years is subject to budget
approval by Tigard's City Council.
4. ASSIGNMENT/DELEGATION
Neither party may assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party will be invalid.
5. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills will be made in writing and may be given by personal delivery,mail or fax. Payments
may be made by personal delivery, mail, or electronic transfer. The following addresses will be used to
transmit notices,bills,payments,and other information:
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CITY OF TIGARD CORNERSTONE OUTDOOR LIFE,LLC
Attn: Martin McKnight Attn: Colin Snyder
Address: 13125 SW Hall Blvd. Address: 23725 S Knights Bridge Rd
Tigard, Oregon 97223 Canby OR 97013
Phone: (503) 718-2583 Phone: (503) 266-1400
Email: martinktigard-or.gov Email: projects@cornerstoneoutdoorlife.com
6. TERMINATION
There shall be no penalty for early termination with a thirty (30) day notice. If City terminates the
contract pursuant to this paragraph,it shall pay Contractor for services rendered prorated to the date of
termination.
7. ACCESS TO RECORDS
City will have access to such books,documents,papers and records of Contractor as are directly pertinent
to this Agreement for the purpose of making audit,examination,excerpts and transcripts.
8. FORCE MWEURE
Neither City nor Contractor will be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy,
civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight
embargo,unusually severe weather or delay of subcontractor or supplies due to such cause;provided
that the parties so disenabled will within ten (10) days from the beginning of such delay, notify the
other party in writing of the cause of delay and its probable extent. Such notification will not be the
basis for a claim for additional compensation. Each party will, however, make all reasonable efforts
to remove or eliminate such a cause of delay or default and will,upon cessation of the cause,diligently
pursue performance of its obligation under the Agreement.
9. NON-DISCRIMINATION
Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336); and
ORS 659A.142, including all amendments of and regulations and administrative rules, and all other
applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
10. INDEMNITY
Contractor agrees to and shall defend, indemnify and hold harmless City, City's officers, employees,
agents and representatives from and against all liability, claims, costs, demands, judgments, penalties,
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and causes of action of any kind or character,or other costs or expenses incidental to the investigation
and defense thereof,of whatever nature,resulting from or arising out of the activities of the Contractor
or its subcontractors, agents, or employees in performance of this contract, except,however, that the
foregoing shall not apply to liability that arises out of the City's, its officers, employees, agents and
representatives sole negligence. If any aspect of this indemnity shall be found to be illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the remainder of this
indemnification.
11. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this
contract. Such insurance shall cover risks arising directly or indirectly out of Contractor's activities or
work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following limits
and coverages:
A. 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 (CG 2010 1185 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
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
B. 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 on an"occurrence" form.The Combined Single Limit per occurrence shall not
be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor
shall obtain, at Contractor's expense, and keep in effect during the term of the contract, business
automobile liability coverage for all owned vehicles on an"occurrence" form. The Combined Single
Limit per occurrence shall not be less than$2,000,000.
C. Workers' Compensation Insurance
The contractor, its Subcontractors, if any, and all employers providing work, labor, or materials
under this Contract that are subject employers under the Oregon Workers' Compensation Law
shall comply with ORS 656.017,which requires them to provide workers' compensation coverage
that satisfies Oregon law for all their subject workers. Out-of-state employers must provide
Oregon workers' compensation coverage for their workers who work at a single location within
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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 workers' compensation coverage. All non-
exempt employers shall provide Employer's Liability Insurance with coverage limits of not less
than $1,000,000 each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability, shall
include the City its officers, employees, agents and representatives as additional insureds with
respect to this contract.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. All policies of insurance must be written by companies having an A.M.
Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any
insurance carrier(s) with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City will
consider whether such self-insurance is acceptable if it meets the minimum insurance requirements
for the type of coverage required. If the Contractor is self-insured for commercial general liability
or automobile liability insurance the Contractor must provide evidence of such self-insurance.
The Contractor must provide a Certificate of Insurance showing evidence of the coverage
amounts on a form acceptable to the City. The City reserves the right in its sole discretion to
determine whether self-insurance is adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall furnish a
Certificate of Insurance to the City. No contract shall be effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent contractor.
Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265.
I. 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.
J. 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 contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded
to:
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City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company may be required to be forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The procuring of
such required insurance shall not be construed to limit contractor's liability hereunder. 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 contract.
12. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees (expert and non-expert),attorney's fees and court costs on appeal.
13. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and subcontractors
and income tax withholding contained in ORS Chapters 279A, 279B, and 279C, the provisions of
which are hereby made a part of this agreement.
14. CHOICE OF LAW,VENUE
The provisions of this Agreement are governed by Oregon Law. Venue will be the State of Oregon
Circuit Court in Washington County or the US District Court for Oregon,Portland.
15. HAZARDOUS MATERIALS
Contractor will comply with all federal Occupational Safety and Health Administration (OSHA)
requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon
OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may
release, or otherwise result in an exposure to, a hazardous chemical under normal conditions of use
(for example, employees of a construction contractor working on-site), it is the responsibility of
Contractor to provide the City with the following information: all applicable Safety Data Sheets, the
identity of the chemical/s, how Contractor will inform employees about any precautions necessary,
an explanation of any labeling system, and the safe work practices to prevent exposure. In addition,
Contractor must label, tag, or mark such goods
16. CONFLICT BETWEEN TERMS
In the event of a conflict between the terms of this Agreement and Contractor's proposal, this
Agreement will control. In the event of conflict between a provision in the main body of the Agreement
and a provision in the Exhibits, the provision in the main body of the Agreement will control. In the
event of an inconsistency between Exhibit A and Exhibit B,Exhibit A will control.
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17. EXTRA (CHANGES) WORK
Only the City's Project Manager for this Agreement may change or authorize additional work. Failure
of Contractor to secure authorization for extra work constitutes a waiver of all right to adjust the
contract price or contract time due to such unauthorized extra work and Contractor will not be entitled
to compensation for the performance of unauthorized work.
18. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected
to the extent that it did not materially affect the intent of the parties when they entered into the agreement.
19. REPRESENTATIONS AND WARRANTIES
Contractor represents and warrants to the City that:
A. Contractor has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor,
enforceable in accordance with its terms.
C. Contractor(to the best of Contractor's knowledge,after due inquiry),for a period of no fewer than
six calendar years (or since the firm's inception if less than that) preceding the effective date of
this Agreement, faithfully has complied with:
1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316,
317, and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor,
to Contractor's property, operations, receipts, or income, or to Contractor's performance of
or compensation for any work performed by Contractor;
3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor,
or to goods, services, or property,whether tangible or intangible,provided by Contractor;and
4) Any rules,regulations, charter provisions, or ordinances that implemented or enforced any of
the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement, and
Contractor's services rendered in the performance of Contractor's obligations under this
Agreement, shall be provided to the City free and clear of any and all restrictions on or conditions
of use,transfer,modification,or assignment,and shall be free and clear of any and all liens,claims,
mortgages, security interests, liabilities, charges, and encumbrances of any kind.
20. COMPLIANCE WITH TAX LAWS
A. Contractor must, throughout the duration of this Agreement and any extensions, comply with all
tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon.
For the purposes of this Section,"tax laws"includes all the provisions described in subsection 25.C.
1) through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this Agreement.
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Further, any violation of Contractor's warranty, in subsection 25.0 of this Agreement, that the
Contractor has complied with the tax laws of the State of Oregon and the applicable tax laws of any
political subdivision of this state also shall constitute a material breach of this Agreement. Any
violation shall entitle the City to terminate this Agreement,to pursue and recover any and all damages
that arise from the breach and the termination of this Agreement, and to pursue any or all of the
remedies available under this Agreement,at law,or in equity,including but not limited to:
1) Tenraination of this Agreement,in whole or in part;
2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to
Contractor,in an amount equal to State's setoff right,without penalty;and
3) Initiation of an action or proceeding for damages, specific performance, declaratory or
injunctive relief. The City shall be entitled to recover any and all damages suffered as the result
of Contractor `s breach of this Agreement, including but not limited to direct, indirect,
incidental and consequential damages, costs of cure, and costs incurred in securing a
replacement Contractor.
C. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40
hours in any one work week except for individuals under the contract who are excluded under
ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.
These remedies are cumulative to the extent the remedies are not inconsistent,and the City may pursue
any remedy or remedies singly, collectively, successively, or in any order whatsoever.
IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned
officer and.Contractor has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD CORNERSTONE OUTDOOR LIFE LLC
JCBvuuvD. Ragef
By: Authorized City Representative By Authorized Contractor Representative
09/28/2026
Date Date
81 Page
EXHIBIT A
SCOPE OF SERVICES
Contractor will install the following at Annand Park property located at 14650 SW 109 'Ave:
A. 100 facial square feet of Allan Block retaining wall above existing fence and portion of hillside after
the wall turns 90 degrees paralleling the slope.Blocks will be set over 6"of compacted 3/a minus gravel
and backfilled with same material. A perforated drainpipe will also be installed behind the wall to
insure proper drainage.
B. 100 facial square feet of retaining wall along the fence line of the home on the opposite side of the lot
to retain the existing soil and portion of the existing fence line.Blocks will be set over 6"of compacted
3/a minus gravel and backfilled with the same material. A perforated drainpipe will also be installed
behind the wall to insure proper drainage
C. Install 100 lineal feet of French drain. 12'deep. French drain will empty into a 40 gallon flo-well tank.
The trench will be lined with erosion fabric and a 4" perforated drain pipe will be installed in the
center. Round river rock will be installed over the pipe and fabric will be folded back over the center
before it is closed with additional river rock.
Total cost: $11,200
/gages
09/22/2020
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EXHIBIT B
CONTRACTOR'S PROPOSAL
10 1 Page
EXHIBIT B
Cornerstone Outdoor Life, LLC CONTRACTOR'S PROPOSAL
23725 s Knights Bridge Rd �� coRwERsror,E
Canby, OR 97013 US
projectspa cornerstoneoutdoorlife.com
ADDRESS Estimate 1219
City of Tigard
C/O Martin McKnight
13125 SW Hall Blvd Ste A DATE 08/20/2020
Tigard, OR 97223
503-880-3180
ACTIVITY AMOUNT
Retaining Wall 4,200.00
Install 100 facial sgft of Allan Block retaining wall block to retain the soil above the existing
fence and portion of the hillside after the wall turn 90 degrees paralleling the slope. Block
will be set over a 6"of compacted 3/4 minus gravel and backfilled with the same material. A
perforated drainpipe will also be installed behind the wall to insure proper drainage.
Retaining Wall 4,200.00
Install 100facial sgft of retaining wall along the fence line of the home on the opposite side
of the lot to retain the existing soil and portion of the existing fence line. Block will be set
over a 6"of compacted 3/4 minus gravel and backfilled with the same material. A perforated
drainpipe will also be installed behind the wall to insure proper drainage.
French Drain 2,800.00
Install 100 lineal feet of french drain 12inches deep that will empty in to a 40 gallon flo-well
tank. The trench will be lined with erosion fabric and a 4" perforated drain pipe will be
installed in the center. Round river rock will be installed over the pipe and the fabric will be
folded back over the center before it is topped with additional rock.
$3,733.33 upon acceptance
$3,733.33 upon start
$3,733.34 upon completion
TOTAL11 11
Accepted By Accepted Date
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