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Project Title: Pedestrian and Bicycle Counts Project Manager:
Contractor: Quality Counts Original Contract#:C170098
Effective Dates: 6/6/2017-6/30/2019 Change Order/Amendment Amount: $4000
Accounting String: 460-8000-56005 95027-130 Amendment Percentage Runnin Total:
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Added 20 more locations between 3:00 m and 6:00 pin during the midweek
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Contract Amount $7,540
Amendment 1 $5,280
Amendment 2 $4,000
New contract total $16,820
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Adding additional survey countspots.
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Contractor is hereby authorized by the City of Tigard to perform +
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed theproject's FY budget. e
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
PEDESTRIAN BICYCLE COUNTS
C170098
AMENDMENT#2
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City,and Quality Counts,LLC,hereinafter referred to as Contractor,entered into on the 31't day of May,2017,
is hereby amended as follows:
3. COMPENSATION
The City agrees to pay Consultant in accordance with the fee schedule outlined in Exhibit A for
performance of those services described herein and in any subsequent agreements that arise from the
work under this Agreement. The total amount paid to the Consultant by the City shall not exceed
Twelve Thetts&ad Eight 14tifidred Twenty and No/100 DE)14ars (12,820.00) Sixteen Thousand Eight
Hundred Twenty and No/100 Dollars ($16,820.00) if all tasks are completed. Any and all payments
made to the Consultant shall be based upon the following applicable terms:
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY O TIGARD f QUALITY COUNTS,LLC
Signa4e Signature
K114 MC-MfC.cA/y qv%
Printed Name Printed Name
7—co 7A/f Lb
Date Date
Esti mateQUaUty Counts
Estimate Date: 7/5/2018
Order Date: 6/14/2018
Bill To: City of Tigard
8777 SW Burnham St
Tigard,OR 97223
(503)718-2471
ORDER NO . ORDER[SATE PROJECT NAME PAYMENT TERMS a ". ORDER 8Y
147346 6/14/2018 Enhanced Crosswalk Study Net 60 Days Christy Zellmer
QTY DESCRIPTION TOTAL
20 Standard Turn Count 200.00 4000.00
20 Location(s)for time period(s):3:00 PM--6:00 PM(Midweek)
-SW 100th Ave—SW McDonald St,Tigard,OR
-SW 104th Ave—SW Durham Rd,Tigard,OR
-SW 110th Ave—SW Gaarde St,Tigard,OR
-SW 115th Ave—SW Gaarde St,Tigard,OR
-SW 132nd Ter—SW Bull Mountain Rd,Tigard,OR
-SW 135th Ave SW Brittany Dr,Tigard,OR
-SW 135th Ave--SW Morning Hill Dr,Tigard,OR
-SW 72nd Ave -SW Cardinal Ln,Tigard,OR
-SW 72nd Ave--SW Cherry Dr/SW Sandburg St,Tigard,OR
-SW 72nd Ave- SW Fir St,Tigard,OR
-SW 72nd Ave--SW Redwood Ln,Tigard,OR
-SW 92nd Ave—SW Sattler St,Tigard,OR
-SW Greenfield Dr—SW Bull Mountain Rd,Tigard,OR
-SW Northview Dr--SW Walnut St,Tigard,OR
-SW Omara St--SW McDonald St,Tigard,OR
-SW Sequoia Pkwy--SW Cardinal Ln,Tigard,OR
-SW Sequoia Pkwy—SW Redwood Ln,Tigard,OR
SW Tiedeman Ave--Fanno Creek Trail,Tigard,OR
SW Wilton Ave--SW Walnut St,Tigard,OR
TVFR Station 50--SW Walnut St,Tigard,OR
TOTAL 4,000.00
Balances unpaid by and of Payment Term(fisted above)will be charged 1.5%interest per month
Quality Counts, LLC
7409 SW Tech Center Dr,STE 150
Tigard,OR 97223
(877)580-2212
qualitycounts.net
Page 1 of 1
Generated on: 7/5/2018 12:13:49 PM
City of Tig-atd
CONTRACT CHANGE ORDER/ 13125 SSV Hall Blvd.
AMENDMENT SUMMARY Tigard,Oregon 97223
Phone-(503)639-4171
FIELD CHANGE ORDER FORM Fax-(503)684-7297
u ve.ki td-of goi
Project Title: Pedestrian Bicycle Counts Project Manager: Preston Beck
Contractor: Quality Counts Original Contract #: C170098
Effective Dates:june 6',2017 Chane Order/Amendment Amount: $5,280
Accounting String: 100-6250-54002 Amendment Percentage Running Total:70%
95027-200-130
AMENDMENT DETAILS
Quality counts is currently on contract with the City of Tigard. Propose amending existing contract to include
additional ed-bike counts in 2018 as well as some seasonal counts fora particular count site in 2019.
Here is the revised accounting strjn&and breakdown amounts
FY 17-18 460-8000-56005 95027-130 $4,860
FY 18/19 460-8000-56005 95027-130 420
CHANGE ORDER DETAILS UNIT QTY UNIT$ NOTAL$
Original Contract 7540.00
Standard Turn Counts 4 hour 7 140.00 980.00
43 Standard Turn Counts 2 hour 43 100.00 4300.00
Total 12,820.00
REASONING FOR CHANGE ORDER/AMENDMENT
Desire to amend the current contract to include the identified counts for the 2018 program in the amount of
$5,280. The scope of work is the same. The vendor is also familiar with our data collection format and did a very
good job and completing counts in a timely manner. The contract would be extended to june 30`'2019.
BUDGET IMPACT AND REQUIRED ACTIONS
Currently funding in Engineering budget.
REQUESTING PROJECT MANAGER APPROVING CITY STAFF
Signature Signature
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules,regulations,and laws that may be in effect for the Signature
work. The unit pricing in the original contract shall apply, to all
additional work. A copy of this form, once completed, is to be
forwarded to the Purchasing Office to ensure all changes to the
encumbrances are met. Remember—the cumulative total of
Amendments cannot exceed the projeces FY budget. Date
C1 Y OF TIGARD,OPWGCN
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'i1i: ; ee:. ent bet*-;ct1 rhe i_It��cif gig=a ci,a:nu.L Fipal curl-o�^t+.cn of ills:,ta.te of C?;eg<�n,herein;fte:ca lied
Cite,wd ?v:ality Counts,i1 Q.herein fter refe:Ted to as Cortraccc,l..ntLrec;,-oto oil the 31 dT.-c+r- ti at, 017,
I s hcreby atnended as follows:
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Tiiils Agr-ement shall bccorr-.e� fcctive upoti the date of execution,and shall expire,unless othen.-ise
terrunated o;:extender , on june -�, = All,%,rork under thi; Ae r,_rits :ail be. r�mpieted
prior tom;Clic;ca_spiration of tli,.i grec in int.
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'•-nz Cit; agt;:cs to pfiy -nsu!t.nt in accordance :.•ith the ±:.�e schedule oc-*.luted in Ex!iilbic A for
r`_--for na:P,ce 0f C11119c:suvices descrih;::d herein and in an} sub-equer_t al;-,rieisients that mise from the
e'r�ik e11cltr tris Ag ecintnt. lhe total amount paid to the Coici�ltuit b� the Citshall no-, �c[irc
_..... _.._ .._ }a>_i �:'+ Y-sf- .�.�lw.'� �:i.t!�> ��- =?-f1'`� '�: ...t'd.l�;� !• �•
i i; all tasks ate completed. Am jmd all payzncnts
n:.de to :.lzc. `.ons i ,-,:n; sh fli be,hawed upon the following applicable teims:
1i, tix:'iiNRT SS Vi'HIEkEOIF, City klas czamScd this Amendment to be executed by its duly RUilicr7cd
undersigned officer and Cont*._^:rtor has e:ecutzd this Amendment upon signature anc'_dk i:e listed'_-lo:r.
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CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUST ACCOMPANY EVERY CONTRACT Cr)(,bqr
Contract Title: Pedestrian and Bicycle Counts FY 2018 Number:
Contractor- Quahtx,-Counts Contract Total: $7,540.00
Contract Overview. Conduct pedestrian and bicycle counts at specified sites around Tigard. Deliver
count results in electtomc form consistent with data attribute collection
secs
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate XV9 Lou-
Risk Reduction Steps:
Risk Comments:
Risk Signature.
Contract Manager- Preston Beck Ext: 2404 Department: FIS
Type: ❑ Purchase Agreement ❑ X Personal Service❑ General Service ❑ Public Improvement
❑ IGS ❑ Other: Start Date: 6/6/2017 End Date: 6/7/2018
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Quahty Counts $7,540
Account String: Fund-Division-Account Work Order—Activity TMe Amount
FY 16-17 � '' , H1- 95027-130 $6,940
FY 17-18 95027-130 $600
FY 4�a-8boo-57o01
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature-
Purchasing Comments--
Purchasing
omments-Purchasing Signataie:
City Manager Comments:
City Managei Signatuie:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract Number( -
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
PEDESTRIAN AND BICYCLE COUNTS-FY 2018
THIS AGREEMENT made and entered into this 31"day of May,2017 by and between the City of
Tigard, a municipal corporation of the State of Oregon,hereinafter called City, and Quality Counts,
LLC,hereinafter called Consultant,and collectively known as the"Parties.".
RECITALS
WHEREAS, the City's 2017-2018 fiscal year budget shall provide for services related to pedestrian
and bicycle counts;and
WHEREAS,City has need for the services of a company with a particular training,ability,knowledge,
and experience possessed by Consultant,and
WHEREAS, City has determined that Consultant is qualified and capable of performing the
professional services as City does hereinafter require,under those terms and conditions set forth,
THEREFORE,the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Consultant shall initiate services immediately upon receipt of City's notice to proceed together
with an executed copy of this Agreement. Consultant agrees to complete work that is detailed
in Exhibit A and by this reference made a part hereof. Any and all work assigned by the City
will be contained in subsequent scope of work as needed
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution, and shall expire, unless
otherwise terminated or extended,on June 30,2018. Allwork under this Agreement shall be
completed prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Consultant in accordance with the fee schedule outlined in Exhibit A
for performance of those services described herein and in any subsequent agreements that
arise from the work under this Agreement. The total amount paid to the Consultant by the
City shall not exceed Seven Thousand Five Hundred Forty and No/100 Dollars ($7,540.00)if
all tasks are completed. Any and all payments made to the Consultant shall be based upon the
following applicable terms:
A. Payment by City to Consultant for performance of services under this Agreement includes
all expenses incurred by Consultant,with the exception of expenses, if any identified in
this Agreement as separately reimbursable.
B. Payment will be made in installments based on Consultant's invoice, subject to the
approval of the City Manager, or designee, and not more frequently than monthly.
Payment shall be made only for work actually completed as of the date of invoice.
C. Payment by City shall release City from any further obligation for payment to Consultant,
for services performed or expenses incurred as of the date of the invoice. Payment shall
not be considered acceptance or approval of any work or waiver of any defects therein.
D. Consultant shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
E. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
F. Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. If Consultant fails,neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant 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 Consultant. The payment of the claim in this
manner shall not relieve Consultant or their surety from obligation with respect to any
unpaid claims.
H. Consultant shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one 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.
I. Consultant shall 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 Consultant or all sums
which Consultant agrees to pay for such services and all moneys and sums which
Consultant 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.
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 shall be subject to budget approval by Tigard's City Council.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of
Consultant which result from this Agreement, including any computations, plans,
correspondence or pertinent data and information gathered by or computed by Consultant
prior to termination of this Agreement by Consultant or upon completion of the work
pursuant to this Agreement.
5. ASSIGNMENTMELEGATION
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment shall be of any force or effect
whatsoever unless and until the other party has so consented. If City agrees to assignment of
2108 PSA—Pedestrian and Bicycle Count 2 :'
tasks to a subcontract, Consultant shall be fully responsible for the acts or omissions of any
subcontractors and of all persons employed by them,and neither the approval by City of any
subcontractor nor anything contained herein shall be deemed to create any contractual relation
between the subcontractor and City.
6. STATUS OF CONSULTANT AS INDEPENDENT CONSULTANT
Consultant certifies that:
A. Consultant acknowledges that for all purposes related to this Agreement, Consultant is
and shall be deemed to be an independent Consultant as defined by ORS 670.600 and not
an employee of City,shall not be entitled to benefits of any kind to which an employee of
City is entitled and shall be solely responsible for all payments and taxes required by law.
Furthermore,in the event that Consultant is found by a court of law or an-administrative
agency to be an employee of City for any purpose, City shall be entitled to offset
compensation due,or to demand repayment of any amounts paid to Consultant under the
terms of this Agreement, to the full extent of any benefits or other remuneration
Consultant receives (from City or third parry) as a result of said finding and to the full
extent of any payments that City is required to make (to Consultant or to a third party) as
a result of said finding.
B. The undersigned Consultant hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest, has or will receive
any remuneration of any description from Consultant, either directly or indirectly, in
connection with the letting or performance of this Agreement, except as specifically
declared in writing.
If this payment is to be charged against Federal funds, Consultant certifies that he/she is
not currently employed by the Federal Government and the amount charged does not
exceed his or her normal charge for the type of service provided.
Consultant and its employees, if any, are not active members of the Oregon Public
Employees 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.
C. Consultant shall 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 Juno:
30th of the current year will pay a pro-rated fee though the end of the calendar year.
D. Consultant is not an officer,employee,or agent of the City as those terms are used in ORS
30.265.
7. INDEMNIFICATION
City has relied upon the professional ability and training of Consultant as a material
inducement to enter into this Agreement. Consultant represents that all of its work will be
performed in accordance with generally accepted professional practices and standards as well
2108 PSA-Pedestdan and Bicycle Count 3 1
as the requirements of applicable federal, state and local laws, it being understood that
acceptance of a Consultant's work by City shall not operate as a waiver or release.
Consultant agrees to indemnify and defend the City, its officers, employees, agents and
representatives and hold them harmless from any and all liability, causes of action, claims,
losses, damages, judgments or other costs or expenses including attorney's fees and witness
costs (at both trial and appeal level,whether or not a trial or appeal ever takes place including
any hearing before federal or state administrative agencies)that may be asserted by any person
or entity which in any way arise from, during or in connection with the performance of the
work described in this contract, except liability arising out of the sole negligence of the City
and its employees. Such indemnification shall also cover claims brought against the City under
state or federal worker's compensation laws. 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
validity of the remainder of this indemnification.
S. INSURANCE
Consultant and its subcontractors 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 Consultant's activities or work hereunder,including the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Consultant shall provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
Consultant shall obtain,at Consultant'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
Consultant shall also obtain, at Consultant'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 Consultant uses a personally-owned vehicle for business use under this contract, the
Consultant shall obtain,at Consultant's expense,and keep in effect during the term of the
2108 PSA—Pedestrian and Bicycle Count 4
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 Consultant, 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 Oregon for more than 30 days in a calendar
year. Consultants 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 Consultant 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 Consultants 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 Consultant is self-insured
for commercial general liability or automobile liability insurance the Consultant must
provide evidence of such self-insurance. The Consultant 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 Consultant 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.
2108 PSA—Pedestrian and Bicycle Count 5
H. Independent Consultant Status
The service or services to be rendered under this contract are those of an independent
Consultant. Consultant 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 Consultant'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.
I 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:
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 Consultant's liability
hereunder. Notwithstanding said insurance,Consultant shall be obligated for the total amount
of any damage,injury,or loss caused by negligence or neglect connected with this contract.
9. METHOD &PLACE OF SUBMITTING NOTICE. BILLS AND PAYMENTS
All notices,bills and payments shall be made in writing and may be given by personal delivery,
mail or by fax. Payments may be made by personal delivery,mail,or electronic transfer. The
following addresses shall be used to transmit notices,bills,payments,and other information:
Attn: Preston Beck Attn: Ryan Groesbeck
Address: 13125 SW Hall Blvd Address: 7409 SW Tech Center Dr,Suite 150
Tigard,Oregon 97223 Tigard,Oregon 97223
Phone: (503) 718-2404 Phone: (877) 580-2212
Email:- ,preston@t1gard-or.gov Email: &proesbeck@qualitvcounts.net
and when so addressed,shall be deemed given upon deposit in the United States mail,postage
prepaid,or when so faxed, shall be deemed given upon successful fax. In all other instances,
2108 PSA—Pedestrian and Bicycle Count 6 1 P-a <? -
notices,bills and payments shall be deemed given at the time of actual delivery. Changes may
be made in the names and addresses of the person to who notices,bills and payments are to
be given by giving written notice pursuant to this paragraph.
10. MERGER
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement shall be effective unless and until it is made
in writing and signed by both parties.
11. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this agreement shall be provided to the
City by a Consultant that does not represent clients on matters contrary to City interests.
Further, Consultant shall not engage services of an attorney and/or other professional who
individually,or through members of his/her same firm,represents clients on matters contrary
to City interests.
Should the Consultant represent clients on matters contrary to City interests or engage the
services on an attorney and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Consultant shall
consult with the appropriate City representative regarding the conflict.
After such consultation, the Consultant shall have seven (7) days to eliminate the conflict to
the satisfaction of the City. If such conflict is not eliminated within the specified time period,
the agreement may be terminated pursuant to Section 13 (B) (3) of this agreement.
12. TERMINATION WITHOUT CAUSE
At any time and without cause,City shall have the right in its sole discretion,to terminate this
Agreement by giving notice to Consultant. If City terminates the contract pursuant to this
paragraph,it shall pay Consultant for services rendered to the date of termination.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Consultant,
or at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds
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 Agreement.
3) If any license or certificate required by law or regulation to be held by Consultant,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed.
4) If Consultant becomes insolvent,if voluntary or involuntary petition in bankruptcy is
filed by or against Consultant,if a receiver or trustee is appointed for Consultant,or if
there is an assignment for the benefit of creditors of Consultant.
2108 PSA—Pedestrian and Bicycle Count 7 1 >L
Any such termination of this agreement under paragraph(A) shall be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Consultant, may
terminate the whole or any part of this Agreement:
1) If Consultant fails to provide services called for by this agreement within the time
specified herein or any extension thereof,or
2) If Consultant fails to perform any of the other provisions of this Agreement, or so
fails to pursue the work as to endanger performance of this agreement in accordance
with its terms,and after receipt of written notice from City,fails to correct such failures
within ten (10) days or such other period as City may authorize.
3) If Consultant fails to eliminate a conflict as described in Section 11 of this agreement.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Consultant shall not be exclusive and are in addition to any other
rights and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
services satisfactorily rendered by Consultant bear to the total services otherwise required
to be performed for such total fee; provided, that there shall be deducted from such
amount the amount of damages, if any, sustained by City due to breach of contract by
Consultant. Damages for breach of contract shall be those allowed by Oregon law,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
14. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Consultant as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
15. FORCE MAJEURE
Neither City nor Consultant shall 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 shall
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 shall not be the basis for a claim for
additional compensation. Each party shall,however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
2108 PSA—Pedestrian and Bicycle Count 8 ? c
16. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Consultant 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.
17. NON-DISCRIMINATION
Consultant agrees to comply with all applicable requirements of federal and state civil rights
and rehabilitation statutes, rules, and regulations. Consultant 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.
18. ERRORS
Consultant shall perform such additional work as may be necessary to correct errors in the
work required under this Agreement without undue delays and without additional cost.
19. EXTRA(CHANGES)WORK
Only the City's Project Manager for this Agreement may authorize extra (and/or change)
work. Failure of Consultant to secure authorization for extra work shall constitute a waiver
of all right to adjustment in the contract price or contract time due to such unauthorized extra
work and Consultant thereafter shall be entitled to no compensation whatsoever for the
performance of such work.
20. WARRANTIES
All work shall be guaranteed by Consultant for a period of one year after the date of final
acceptance of the work by the owner. Consultant warrants that all practices and procedures,
workmanship and materials shall be the best available unless otherwise specified in the
profession. Neither acceptance of the work nor payment therefore shall relieve Consultant
from liability under warranties contained in or implied by this Agreement.
21. 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 attorney's fees and court costs on appeal.
22. GOVERNING LAW
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Consultant 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.
2108 PSA—Pedestrian and Bicycle Count 9 1
24. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument in the proposal of the contract,this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith.
25. AUDIT
Consultant shall maintain records to assure conformance with the terms and conditions of this
Agreement,and to assure adequate performance and accurate expenditures within the contract
period. Consultant agrees to permit City, the State of Oregon, the federal government, or
their duly authorized representatives to audit all records pertaining to this Agreement to assure
the accurate expenditure of funds.
26. 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.
27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable,seller must make payment promptly as due to persons supplying Consultant
labor or materials for the execution of the work pro-dded by this order. Consultant shall not
permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City on
account of any labor or maternal to be furnished. Consultant further agrees to pay to the
Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
28. HOURS OF LABOR
If labor is performed under this order,then no person shall be employed for more than eight
(8) hours in any one day,or forty(40) hours in any one week, except in cases of necessity, or
emergency or where the public policy absolutely requires it,and in such cases,except cases of
contracts for personal services as defined in ORS 279A.055, the labor shall be paid at least
time and a half for all overtime in excess of eight(8) hours a day and for all work performed
on Saturday and on any legal holidays as specified in ORS 279C.540. In cases of contracts for
personal services as defined in ORS 279A.055,any labor shall be paid at least time and a half
for all hours worked in excess of forty(40)hours in any one week,except for those individuals
excluded under ORS 653.010 to 653.260 or under 29 USC SS 201-209.
29. MEDICAL CARE AND WORKERS'COMPENSATION
Consultant shall 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 such Consultant,of all sums which
the Consultant agrees to pay for such services and all moneys and sums which the Consultant
collected or deducted from the wages of the employees pursuant to any law, Consultant
agreement for the purpose of providing or paying for such service.
30. COMPLETE AGREEMENT
This Agreement,including the exhibits,is intended both as a final expression of the Agreement
2108 PSA—Pedestrian and Bicycle Count 10
between the Parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency 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 shall control. In the event of an
inconsistency between Exhibit A and Exhibit B.Exhibit A shall control.
No waiver,consent,modification,or change of terms of this Agreement shall bind either parry
unless in writing and signed by both parties. Such waiver, consent,modification, or change if
made,shall be effective only in specific instances and for the specific purpose given. There are
no understandings,agreements,or representations,oral or written,not specified herein regarding
this Agreement Consultant, by the signature of its authorized representative, hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by
its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Consultant has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD QUALITY O C
By: Authorized A nt of City By:Autho ' edEA o qr1sultant
Date Date
2108 PSA—Pedestrian and Bicycle Count ill
EXHIBIT A
SERVICES To BE PROVIDED
PROJECT OBTECTWE
The purpose of this project is to obtain digital pedestrian and bicycle count information for select sites
around the City of Tigard during favorable conditions at specific times during the day on a Friday in
June 2017.
The citizens of Tigard shaped a long term strategic vision to make Tigard the most walkable city in
the Pacific Northwest. A fundamental part of understanding how this vision can be achieved is to
know what is happening in terms of actual pedestrian and bicycle numbers in the community. In
addition, Tigard is teaming up with Portland State University to provide pedestrian count data to
calibrate its pedestrian travel demand model specifically in regards to suburban environments.
SCOPE OF SERVICES
Consultant shall perform pedestrian and bicycle counting according to the spec sheet in Attachment
A. Consultant may elect to use either video/sensor, manual counts, or other technology as long as
the data described in Attachment A is sufficiently captured.
The City has identified 32 sites to be counted within Tigard(Exhibit A). The City would like to have
these sites ideally counted the same day, however if that is not feasible it is acceptable to have them
done at other listed dates at the same time of day.
The City is considering pedestrian turning movements at most of the count sites. Attachment B
identifies which of the sites are desired for pedestrian turning movement count sites. Pedestrian
turning movement compilation shall be provide in separate tabulated form in addition to the form in
Attachment A.
ADDITIONAL EXTENDED DURATION COUNTS
1) One 24 hour count(no turn counts) at 99W/Greenburg-Main
2) One 2 hour sample (2-4 PM) on Friday at 99W Greenburg-Main for 7 days (no turns)
3) Seasonal Count: A 2-hour count every two months June 2017 thru June 2018 at 99W/Greenburg-
Main conducted on Friday afternoons from 2-4 PM (no turns)
DELIVERABLE
Compiled count data will be delivered in electronic format (Excel/CSV). The spreadsheet will have
each record identified by its Site ID. A field name data dictionary must be provided to translate field
names to the attribute list in Attachment A.
2108 PSA-Pedestrian and Bicycle Count 121 z
Contract Number
EXHIBIT B
CONSULTANT'S PROPOSAL
EstimateQuakity Counts
Estimate Date: 5/2/2017
Order Date: 5/2/2017
Bill To: City of Tigard
13125 SW Hall Blvd
Tigard,OR 97223
(503)718-2404
ORDER NO ORDER DATE PROJECT NAME PAYMENT TERMS ORDER BY
144054 5/2/2017 Tigard Ped&Bike 2017 Net 60 Days Preston Beck
QTY DESCRIPTION TOTAL
28 Pedestrian/Bicycle Origin-Destination Count 100.00 2800.00
28 Location(s)for time period(s):2:00 PM—4:00 PM(Midweek)
-SW Greenburg Rd --OR-99W,Tigard,OR
-Fanno Creek Trail—SW North Dakota St,Washington,OR
-Pacific Hwy W—SW Durham Rd,Tigard,OR
-Pacific Hwy W—SW Gaarde St,Tigard,OR
-SW 121st ave—SW Katherine St,Tigard,OR
-SW 121st Ave—SW Springwood Dr,Tigard,OR
-SW 127th Ave—SW Karen St,Washington,OR
-SW 128th Ave—SW Winter Lake Dr,Washington,OR
-SW 72nd Ave—Pacific Hwy W,Washington,OR
-SW 72nd Ave—SW Bonita Rd,Washington,OR
-SW 72nd Ave—SW Dartmouth St,Washington,OR
-SW 79th Ave—SW Durham Rd,Tigard,OR
-SW 88th Ave—SW Durham Rd,Tigard,OR
-SW 90th Ave—SW Locust St,Washington,OR
-SW 9Dth Ave—SW Oak Way,Washington,OR
-SW 95th Ave—SW Greenburg Rd,Washington,OR
-SW 96th Ave—SW Sattler St,Washington,OR
-SW 97th Ave—SW Murdock St,Washington,OR
-SW 98th Ave—SW Summerfield Dr,Washington,OR
-SW Dartmouth St—Pacific Hwy W,Washington,OR
-SW Greenburg Rd--SW Locust St,Washington,OR
-SW Hall Blvd—Pacific Hwy W,Tigard,OR
-SW Hall Blvd—SW Bonita Rd,Washington,OR
-SW Hall Blvd—SW Durham Rd,Washington,OR
-SW Main St—SW Commercial St,Washington,OR
-SW Omara St—SW McDonald St,Tigard,OR
-SW Tiedeman Ave—Fanno Creek Trail,Tigard,OR
-SW Tiedeman Ave—SW Walnut St,Washington,OR
Page 1 of 3
Generated on: 5/11/2017 12:33:57 PM
36.Pedestrian/Bicycle Count 100.00 3600.00
1 Location(s)for time period(s):2:00 PM—4:00 PM(Monday)
-SW Greenburg Rd —OR-99W,Tigard,OR
1 Location(s)for time period(s):2:00 PM—4:00 PM(Saturday)
-SW Greenburg Rd —OR-99W,Tigard,OR
1 Location(s)for time pedod(s):2:00 PM—4:00 PM(Sunday)
-SW Greenburg Rd —OR-99W,Tigard,OR
1 Location(s)for time period(s):2:00 PM—4:00 PM(Friday)
-SW Greenburg Rd —OR-99W,Tigard,OR
1 Location(s)for time period(s):2:00 PM—4:00 PM(Tuesday)
-SW Greenburg Rd —OR-99W,Tigard,OR
31 Location(s)for time period(s):2:00 PM—4:00 PM(Midweek)
-Fanno Creek Trail—south of Main St,Washington,OR
-Fanno Creek Trail—SW North Dakota St,Washington,OR
Fanno Creek Trail—west of Hall Blvd,Washington,OR
-Pacific Hwy W--SW Durham Rd,Washington,OR
-Pacific Hwy W—SW Gaarde St,Tigard,OR
-SW 121 st ave—SW Katherine St,Tigard,OR
-SW 121 st Ave—SW Springwood Dr,Washington,OR
-SW 127th Ave—SW Karen St,Washington,OR
-SW 128th Ave—SW Winter Lake Dr,Washington,OR
-SW 72nd Ave—Pacific Hwy W,Washington,OR
-SW 72nd Ave—SW Bonita Rd,Washington,OR
-SW 72nd Ave—SW Dartmouth St,Tigard,OR
-SW 79th Ave—SW Durham Rd,Tigard,OR
-SW 88th Ave—SW Durham Rd,Tigard,OR
-SW 90th Ave—SW Locust St,Washington,OR
-SW 90th Ave—SW Oak Way,Washington,OR
-SW 95th Ave—SW Greenburg Rd,Washington,OR
-SW 96th Ave—SW Sattler St,Washington,OR
-SW 97th Ave—SW Murdock St,Washington,OR
-SW 98th Ave—SW Summerfield Dr,Washington,OR
-SW Dartmouth St—Pacific Hwy W,Washington,OR
-SW Greenburg Rd—SW Locust St,Washington,OR
-SW Greenburg Rd/Main St—Pacific Hwy W,Washington,OR
-SW Hall Blvd—Pacific Hwy W,Tigard,OR
-SW Hall Blvd—SW Bonita Rd,Washington,OR
-SW Hall Blvd—SW Durham Rd,Washington,OR
SW Main St—SW Commercial St,Washington,OR
-SW Omara St—SW McDonald St,Tigard,OR
-SW Tiedeman Ave—Fanno Creek Trail,Tigard,OR
-SW Tiedeman Ave—SW Walnut St,Washington,OR
-Winterlake Dr—trailhead north of Summer Creek Bridge,
Washington,OR
1 Pedestrian/Bicycle Count 540.00 540.00
Page 2 of 3
Generated on: 5/11/2017 12:33:57 PM
1 Location(s)for time period(s):12:00 AM—12:00 AM(Wednesday)
-SW Greenburg Rd —OR-99W,Tigard,OR
6 Seasonal Pedestrian/Bicycle Count 100.00. 600.00
1 Location(s)for time period(s):2:00 PM—4:00 PM(Midweek,August 2017)
-SW Greenburg Rd—OR-99W,Tigard,OR
1 Location(s)for time period(s):2:00 PM—4:00 PM(Midweek,October 2017)
-SW Greenburg Rd—OR-99W,Tigard,OR
1 Location(s)for time pedod(s):2:00 PM—4:00 PM(Midweek,December 2017).
-SW Greenburg Rd—OR-99W,Tigard,OR
1 Location(s)for time pedod(s):2:00 PM—4:00 PM(Midweek,February 2018)
-SW Greenburg Rd—OR-99W,Tigard,OR
1 Location(s)for time period(s):2:00 PM—4:00 PM(Midweek,April 2018)
-SW Greenburg Rd—OR-99W,Tigard,OR
1 Location(s)for time period(s):2:00 PM—4:00 PM(Midweek,June 2018)
-SW Greenburg Rd—OR-99W,Tigard,OR
TOTAL 7,540.00.
Balances unpaid by end of Payment Term(listed above)will be charged 1.5%interest per month
Quality Counts,LLC
7409 SW Tech Center Dr,STE 150
Tigard,OR 97223
(877)580-2212
qualitycounts.net
Page 3 of 3
Generated on: 5/11/2017 12:33:57 PM
EXHIBIT A
COUNT LOCATIONS
ID Location Location Area Type Major Minor Turning Notes
Description Street Street Movement
Count?
6 Pacific Hwy and Intersection Major Road Pacific Hall Blvd YES
Hall Blvd Hwy
7 Pacific Hwy and Intersection Major Road Pacific Gaarde St YES
Gaatde St Hwy
10 121st and Intersection School Zone 121 St Karen St YES
Katherine St Ave
11 88th and Durham Intersection School Zone Durham 88th Ave YES Crosswalk
Rd Rd at School
13 79th and Durham Intersection School Zone Durham 79th Ave YES
Rd Rd
14 Omara St and Intersection School Zone McDonal Omara St YES
McDonald d St
17 Winterlake Dr at Road and Neighborhoo Winterlak Trail NO North side
Summerlake Park Trail Segment d e Dt of bridge
over
Summer
Creek
19 Main St and Intersection Commercial Main Commercial YES
Commercial St Zone Street St
26 121st Ave and Intersection Commercial 121 st Ave Springwood YES
Springwood Dr Zone Dr
27 Pacific Hwy and Intersection Commercial Pacific Dartmouth YES
Dartmouth St Zone Hwy St
36 Greenburg Rd and Intersection Commercial Greenbur Main St YES
Main St Zone g Rd
37 Greenburg Rd and Intersection Commercial Greenbur Locust St YES
Locust St Zone g Rd
38 90th Ave and Intersection School Zone Locust St 90th Ave YES
Locust St
39 128th Ave and Intersection Neighborhoo 128th Ave Winterlake YES
Winterlake Dr d Dr
40 North Dakota St Trail Road Trail North Fanno YES
and Fanno Creek Intersection Dakota St Creek Trail
Trail
41 Tiedeman Ave and Trail Road Trail Tiedeman Fanno YES
Fanno Creek Trail Intersection Ave Creek Trail
42 Tiedeman Ave and Intersection School Zone Walnut St Tiedeman YES
Walnut St Ave
43 Hall Blvd and Intersection Major Road Hall Blvd Walnut St YES
Bonita Rd
2108 PSA—Pedestrian and Bicycle Count 14
44 96th Ave and Intersection School Zone Hall Blvd Bonita Rd YES
Sattler St
45 Hall Blvd and Intersection School Zone Hall Blvd Durham Rd YES
Durham Rd
46 90th Ave and Oak Intersection School Zone 90th Ave Oak Way YES
Way
5 97th Ave and Intersection School Zone 97th Ave Murdock St YES
Murdock
22 Fanno Creek Trail Trail Trail Hall Blvd Fanno NO Please
West of SW Hall Creek Trail count
Blvd where
Fanno
Creek Trail
meets Hall
Blvd
20 SW 72nd Ave -SW Intersection Employment 72nd Ave Bonita Rd YES
Bonita Rd Zone
3 Pacific Hwy and Intersection Commercial Pacific Gaarde St YES
Gaarde/Walnut Zone Hwy
4 Pacific Hwy and Intersection Major Road Pacific Durham Rd YES
Durham Rd Hwy
24 SW 127th Ave and Intersection School Zone 127th Ave Karen St YES
SW Karen St
18 SW 72nd Ave and Intersection Commercial 72nd Ave Dartmouth YES
SW Dartmouth St Zone St
25 SW 98th Ave and Intersection Neighborhoo 98th Ave Summerfiel YES
SW Summerfield d d Dr
Dr
15 Fanno Creek Trail Trail Trail Main Fanno NO Please
South of SW Main Street Creek Trail count
St where
Fanno
Creek Trail
meets Main
St
1 72nd Ave and Intersection Commercial Pacific 72nd Ave YES
Pacific Hwy Zone Hwy
59 65th Ave and Intersection I Neighborhoo Greenbur 65th Ave YES
Greenburg Rd d g Rd
2108 PSA—Pedestrian and Bicycle Count 15