Quality Counts ~ C160058 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT
Contract Title: Pedestrian and Bicycle Counts 2016 Number:
Contractor: Quality Counts Contract Total: $1,000
Contract Overview: Obtain digital pedestrian and bicycle count information for select sites (10 total)
around the City of Tigard at specific times during the day and week in May/June
2016—(defined in Attachment A of Spec List)
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
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Contract Manager:
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Type: ❑ Purchase Agreement M Personal Service ❑ General Service ❑ Public Improvement
❑ IGA ❑ Other: Start Date: End Date:
Quotes/Bids/Proposal: FIRM AMOUNT/ CORE
Quahty counts $1 0001
Account String: _ Fund-Division-Account Work Order—Actin ij3L Tyne Amount
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Approvals - LCRB Date:
Department Comments:
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Department Signature:
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Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Oce along with a
completed Contract Checklist.
Contract#C—
CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
PEDESTRIAN AND BIKE COUNT
THIS AGREEMENT made and entered into this 17`s of May,2016 by and between the City of Tigard,
a municipal corporation of the State of Oregon,hereinafter called"City",and Quality Counts,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 shall 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 pedestrian and bicycle count information as
detailed in Exhibit A—Scope of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed, together with an
executed copy of this Agreement. This Agreement shall become effective upon the date of
execution and shall expire, unless otherwise terminated or extended, on June 30, 2016. All
services shall be completed prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding One Thousand and No/100 dollars
($1,000.00) for performance of those services described herein, which payment shall be based
upon the following applicable terms:
A. Payment will be made in installments based on Contractor's invoice, subject to the
approval by the City,and not more frequently than monthly. Payment shall be made only
for work actually completed as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Contractor,
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.
C. Contractor shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
E. Contractor shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
F. 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 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 shall not relieve
Contractor or their surety from obligation with respect to any unpaid claims.
G. 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.
H. Contractor shall promptly, as due, make payment to any person, co-partnership,
association or corporation,furnishing medical,surgical,hospital care or other needed care
and attention incident to sickness or injury to the employees of Contractor or all sums
which Contractor agrees to pay for such services and all moneys and sums which
Contractor collected or deducted from the wages of employees pursuant to any law,
contract or agreement for the purpose of providing or paying for such service.
I. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract during the current fiscal year. Appropriations for future fiscal years
shall be subject to budget approval by the City Council.
4. ASSIGNMENT/DELEGATION
Neither party shall 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 shall be invalid.
5. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall 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
shall be used to transmit notices,bills,payments,and other information:
CITY OF TIGARD QUALITY COUNTS
Attn: Preston Beck Attn: Ryan Groesbeck
Address: 13125 SW Hall Blvd. Address: 7409 SW Tech Center Dr Ste 150
Tigard,Oregon 97223 Tigard OR 97223
Phone: (503) 718-2404 Phone: - 12 T( .2Q _ d G
Email: prestongtigard-or.gov Email: rgroesbeckggualitvcounts.net
6. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 30`'of
June,2016 shall be accompanied by thirty (30) days written notice to the other party prior to
the date termination would take effect. There shall be no penalty for early termination. If City
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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 shall 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 MAMURE
Neither City nor Contractor 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,natural disaster,war,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 parry 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.
9. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans
with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules
established pursuant to those laws.
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,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:
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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 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, p
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
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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. Ind!Wendent 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. Primagy 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:
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.
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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. CITY OF TIGARD BUSINESS LICENSE
Contractor 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 31 st 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.
15. CONFLICT BETWEEN TERMS
It is farther 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 terms of proposal conflicting
herewith.
16. 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.
17. 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:
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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.
18. 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
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B. Any violation of subsection A of this section shall constitute a material breach of this
Agreement. 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) Termination 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.
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.
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19. COMPLETE AGREEMENT
This Agreement,including the exhibits,is intended both as a final expression of the Agreement
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
V 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 party
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. Contractor, 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 Contractor has executed this Agreement on the date hereinabove first written.
CITY OF IG QUALITY COUNTS 5 �
By:Authoriz d Ci Representative ByAuthorized Contractor Representative
s' h Zd� 15//8//(
Date Date
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EXHIBIT A
SCOPE OF SERVICES
PROJECT OBJECTIVE
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 and week in
May/June 2016.
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
The City of Tigard requests pedestrian and bicycle counting data be collected at ten (10) specific sites
in the City of Tigard to aid in its pedestrian/bicycle count database. Specifications of the counts,
including locations, time periods, durations, and attributes (e.g., percent male/female peds) are
identified in Exhibit C. Count data can be collected using manual or video/sensor technology. At
the end of the count sample period,data will be summarized into Excel spreadsheet using the Data to
Collect in Exhibit C. Each site must be identified by its unique Site ID as listed in Exhibit C. Counts
will occur at each site only once during a preferred fair to sunny weather day. Target dates include
May 27r`',June 3rd, June 10'h, or June 17`t'. (must be a Friday). May 27' or June 3rd are preferred.
Optimally all sites would be counted on the same day,but if technical or weather conditions may limit
jthis. The count period is a 2 hour sample,between 2 and 4 PM.
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 Exhibit C.
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EXHIBIT B
CONTRACTOR'S PROPOSAL
Estimate aQuAity Counts
Estimate Date: 5/1312016
Order Date: 511312016
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
138141 5 13.2016 Tigard Ped&Bike Net 60 Days Preston Beck
QTY DESCRIPTION TOTAL
10 i-Person Tum Count 10000 100000
10 Location(s)for time period(s).4.00 PM--6 00 PM(Friday)
-1)SW 72nd Ave--Pacific Hwy,Tigard,OR
-15)Fanno Creek Trait--south of SW Main St,Washington,OR
-18)SW 72nd Ave--SW Dartmouth St.Tigard,OR
-20)SW 72nd Ave--SW Bonita Rd,Tigard,OR
-22)Fanno Creek Trail--west of SW Hall Blvd.Washington,OR
-24)SW 127th Ave--SW Karen St,Washington,OR
-25)SW 98th Ave--SW Summerfield Dr,Washington,OR
-3)Pacific Hwy--SW Gaarde St,Tigard,OR
-4)Pacific Hwy--SW Durham Rd,Tigard,OR
-5)SW 97th Ave--SW Murdock St,Tigard,OR
TOTAL 1,000.00
ftse�.Vxdhy end -we%ae.—e,
Quality Counts.LLC
7409 SW Tech Center Dr,STE 150
Tigard,OR 97223
(877)580-2212
qualitycounts.net
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EXHIBIT C
TIGARD PEDESTRIAN BICYCLE COUNT SPECS—SPRING 2016
Count Time Condition Location S ecs
Locations See Map and Location Description List
Target Dates May 27`h,June Yd,June 10`h,June 17th
Time Period Friday afternoon between 2 and 4 PM
Duration 2 hour Count Sam le
Weather Fair to Sunny. If rainy day,reschedule
Data to Collect
Attribute Description
Site ID As per ma /list
Location Description If different than specified location description
General weather conditions
Temperature
Count Date
Start time
Sto2 time
Bike Facility at count site Bike Lane,Bike Path-Trail,Shoulder,Bike Boulevard
Sidewalk on Both Sides, Sidewalk on One Side,No Sidewalk,
Ped Facility at count site Trail-Path
Bike two hour total
Bike percent male
Bike percent female
Bike total major street if at intersection
Bike total minor street (if at intersection
Pedestrian two hour total
Pedestrian percent male
Pedestrian percent female
Pedestrian percent unknown
ender
Pedestrian total major street if at intersection
Pedestrian total minor street (if at intersection)
Wheelchair two hour total
Wheelchair percent male
Wheelchair percent female
Wheelchair percent unknown
ender
Wheelchair percent major street (if at intersection)
Wheelchair percent minor street if at intersection)
11Page
Attribute Description
Other being electronic scooters,skateboards,or other similar
Other two hour total type
Other percent male
Other percent female
Other percent unknown gender
Other total major street if at intersection
Other total minor street if at intersection)
Data collector initials
Any applicable surveyor notes (e.g., accident, signal problems,
Survey comments or other factors impacting count surve
Count Types Defined
Intersection
Count all peds/bikes/other that enter the defined intersection.Direction of travel is not needed.
Road and/or Trail Segment
Count all peds/bikes/other that cross the cut line as described in the count list(e.g.,Fanno Creek
Trail south of Main St). In this particular example,peds/bikes/other walking along Main St would
not be counted,only if they travel pass the cut line of the trail segment.
Delivery
Spreadsheet file (Excel/CSV) containing the above identified attribute data by Site ID. Include a
data dictionary to explain any field names to the above spec list.
Count Sites
Site ID Location Type Major Intersection
1 Pacific Hwy and 72nd Ave Intersection Pacific Hwy
3 Pacific Hwy and Gaarde St Intersection Pacific Hwy
4 Pacific H and Durham Rd Intersection Pacific Hwy
5 Murdock St and 97th Ave Intersection Murdock St
15 Main St and Fanno Creek Trail Trail Segment NA
18 72nd Ave and Dartmouth St Intersection 72nd Ave
20 72nd Ave and Bonita Rd Intersection Bonita
22 Fanno Creek Trail West of Hall Blvd Trail Segment INA
24 SW 127th Ave and SW Karen St Intersection 127th Ave
25 Summerfield Dr and 98th Ave Intersection 98th-Ave
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