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Professional Services - Design Safety Action Plan AGREEMENT BETWEEN THE CITY OF SALINA,KANSAS and TOOLE DESIGN GROUP LLC for PROFESSIONAL SERVICES This Agreement is entered into 3a1^-a- Z I ,2024 by and between the City of Salina,Kansas, (the"City")and Toole Design Group LLC,a Maryland Limited Liability Company(the"Consultant"). Recitals A. The City desires to contract for professional services for the purpose of developing a comprehensive safety action plan in compliance with federal,state,and local regulations. B. The Consultant has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties,in consideration of the mutual promises set forth in this Agreement,agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement"means this Agreement for professional services,as amended and supplemented from time to time. "City"means the City of Salina,Kansas. "Consultant"means Toole Design Group LLC and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement(Mark with"X"if applicable): Exhibit A: Responsibilities of the Parties Exhibit B:Term; Schedule Exhibit C:Basis of Payment Exhibit D:Insurance Requirements 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term;Schedule. The Consultant agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B,subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The City shall pay the Consultant for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage.The Consultant agrees to obtain insurance coverage as specified in Exhibit D,attached hereto,and shall not make any material modification or change from these specifications without the prior approval of the City. If the Consultant subcontracts any of its obligations under this Agreement,the Consultant shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Consultant or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Consultant of liability. 6.2. Rating.All insurance policies shall be issued by insurance companies rated no less than A-VII in the most Consultant Services(2014-06-18) recent "Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in Exhibit D, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Consultant has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Consultant pursuant to this Agreement,including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Consultant acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or damage to property. 8. Indemnification. To the fullest extent permitted by law,the Consultant shall indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses (including reasonable attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment,or destruction of property,including loss of use resulting therefrom,to the extent that such claims,damages,losses, and expenses are caused by the wrongful acts,negligent acts,errors,or omissions arising out of the services of the Consultant, its employees,agents,or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon thirty(30) days advance written notice to the other party. In the event of such termination, the Consultant shall be compensated for such services as have been satisfactorily performed through the date of termination,but no compensation shall be earned after the effective date of the termination.Within five(5)business days of any such termination,all finished or unfinished documents,data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Consultant pursuant to this Agreement shall be delivered to the City.Notwithstanding the above,the Consultant shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Consultant, and the City may withhold any payments to the Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant may be determined. 10. Default. If either party fails to comply with any term of this Agreement within ten(10)business days after written notice to comply has been mailed by the non-defaulting party to the defaulting party,such failure shall be deemed an immediate breach of this Agreement("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default,the non-defaulting party shall have the following rights and remedies,in addition to any other rights and remedies provided under this Agreement or by law: 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 Other Remedies. The non-defaulting party may pursue any available remedy at law or in equity(including specific performance)by suit,action,mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement,to enforce or preserve any other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Consultant,neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party,either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five(5)days, then three (3) days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as 2 appears below for each party,provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City Clerk Attn: City Engineer P.O.Box 736 Salina,KS 67402-0736 CONSULTANT: Toole Design Group,LLC Attn:Kevin Kroll 8484 Georgia Avenue,Suite 800 Silver Spring,MD 20910 14. Retention and Inspection of Records. The Consultant shall maintain complete, accurate, and clearly identifiable records with respect to all costs and expenses incurred under this Agreement. The records shall be maintained during the term of this Agreement, and for a period of three (3) years from the date of final payment under this Agreement (the "Retention Period");provided,however,that if any litigation,claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit findings have been completely terminated or resolved,without right of further appeal. During the Retention Period,the Consultant shall allow a representative of the City during normal business hours to examine,audit,and make transcripts or copies of such records and any other documents created pursuant to,or arising under,this Agreement. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes,subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws,and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City,it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement,the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Consultant in performing services under this Agreement,does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Consultant performs its responsibilities as outlined in Exhibit A. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent,efficient,and satisfactory manner. Consultant shall be exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations,and the filing of all necessary documents, forms,or returns pertinent to the foregoing. 17. Subcontracting. Consultant shall not subcontract any work or services under this Agreement without the City's prior written consent. Consent shall not be unreasonably withheld. 18. Compliance with Applicable Law. Consultant shall comply with all applicable federal,state,and local law in the performance of this Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Consultant and its subcontractors,if any,agree that: (1) The Consultant shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race,sex,religion,age,color,national origin,ancestry or disability; 3 (2) The Consultant shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer,"or a similar phrase to be approved by the City's human relations director; (3) If the Consultant fails to comply with the manner in which the Consultant reports to the Kansas human rights commission in accordance with the provisions of K.S.A.44-1031 and amendments thereto,the Consultant shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended,in whole or in part,by the City; (4) If the Consultant is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final,the Consultant shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended,in whole or in part,by the City; (5) The Consultant shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race,sex,religion,age,color,national origin,ancestry or disability;and (6) The Consultant shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Agreement if the Consultant: (1) Employs fewer than four employees during the term of this Agreement;or (2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder,including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party, in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Consultant understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Consultant's choice. 23. Applicable Law;Venue. This Agreement and its validity,construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement,the sole and exclusive venue shall be in the Saline County,Kansas District Court. 24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any party. 25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m.of the next full business day. 26. Severability. The unenforceability,invalidity,or illegality of any provision of this Agreement shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Agreement shall extend to and bind the heirs, executors,administrators,trustees, successors and authorized assigns of the parties hereto. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement. 4 30. Amendments.Neither this Agreement nor any of its terms may be changed or modified,waived,or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change,waiver, or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement,but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding arbitration. 33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement,and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached,and initialed by all parties,shall supersede all conflicting printed provisions. 35. Feminine-Masculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular,and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof,shall be binding unless in writing and signed by all parties and attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF SA 1i KA► - By: 111 Y M. a• ► hrage,Ci Manager Attest: ✓ 1 Al 1.8 Nikki :-di •,C Clerk Form: ��or� e 4 Coins of TOOLE DESIGN GROUP, LLC By: Ciara Schlichting, Director of Operations, Midwestern US 5 POOLE701 E. 63RD STREET 816.301.6510 X164 SUITE 220 TOOLEDESIGN.COM DESIGN KANSAS CITY, MO City of Salina Comprehensive Safety Action Plan Exhibit A: Responsibility of the Parties 6/4/2024 Task 1: Project Management The purpose of Task 1 is to ensure the project is managed effectively and fully coordinated with the City of Salina's staff and partner agencies involved in the Plan development and implementation. Kevin Kroll, Toole Design's Project Manager, will coordinate the overall team, working hand-in-hand with city staff and communicating with local stakeholders and other applicable partners from project kickoff to completion. Toole Design understands that a clear Project Management Plan (PMP) provides a critical roadmap for delivering the project in a timely, reliable, and effective manner. We will move immediately after the notice to proceed to develop a PMP that includes priorities for the project, communication preferences and protocols, formatting for technical reports and deliverables, summary of all engagement components, milestones, and key stakeholders and a detailed schedule with milestones and critical dates for the project. Task 1.1 Kickoff Meeting Toole Design will facilitate a conversation with City of Salina staff and applicable stakeholders and project participants within two weeks of the notice to proceed. During this meeting, we will discuss project objectives, a plan for obtaining key data for the project, Quality Assurance/Quality Control (QA/QC) procedures, and the overall schedule and key milestones for the project. An agenda and presentation will be prepared to organize the meeting and facilitate participation to allow the project vision and goals to begin immediately. Content from the draft PMP will be used for the kickoff meeting and feedback received will help refine the PMP moving forward. Toole Design will share lessons learned on data analysis and safety action plans in other regions and communities, and we will work with the City of Salina to identify the keys to successfully guide local implementing agencies toward safer infrastructure investments and, ultimately, zero crashes that result in a fatal or serious injury. Task 1.2 Project Communication and Work Plan The Toole Design Project Manager will lead the day-to-day task activities for this project. The PM will ensure that meeting agendas are delivered prior to meetings and summary notes are sent to the City for review after meetings. More importantly, Toole Design staff will collaborate continuously with City of Salina staff regarding project tasks and deliverables. For this project to be successful,the partnership between Toole Design and the City of Salina is critical. The project manager will be a conduit of information as the project moves forward and will set up communication protocols and file sharing systems to ensure that Salina staff can access summary notes, analysis findings, and draft recommendations as they are developed. The PMP will be a living document that will highlight the flexibility and options for communication both virtually and in-person.Toole Design will coordinate with city staff during bi-weekly check-in calls to ensure that communication is effective and determine the appropriate methods for upcoming meetings and tasks. These bi- weekly status calls will highlight completed activity,the status of task budgets, upcoming milestones and significant events, any scope issues that have arisen, and pending action items. File sharing and other communication protocols established will ensure that city staff has ready access to materials resulting in more effective use of time during status calls. TASK 1 DELIVERABLES • Project Management Plan (PMP) • Kickoff Meeting Agenda, Presentation, and Summary Notes • Bi-Monthly Status Calls,Agendas, and Summary Notes • File Sharing System Task 1 CLIENT RESPONSIBILITIES • Staff availability for Kickoff Meeting and Bi-monthly Status Calls • Review of Project Management Plan (one set of consolidated staff comments) Task 2: Safety Analysis A strong data-driven analysis is paramount to establish recommendations that will save lives in Salina. Results and findings from analyses will directly impact recommendations for local safety projects, policies, and programs. Our approach to this task combines guidance from national resources such as United States Department of Transportation (USDOT)and the Federal Highway Administration (FHWA)with lessons learned from our previous work with other safety conscious communities. Task 2.1: Data Collection and Review Toole Design will conduct a thorough review of historical crash data, existing conditions, and existing plans/policies/programs to build a foundation of knowledge on which later recommendations can be built. This will include information that the City of Salina has already collected along with relevant data from the Kansas Department of Transportation (KDOT), including the Vulnerable Road User Safety Assessment(VRUSA)and Strategic Highway Safety Plan (SHSP). In addition, we will identify any missing layers of information and relevant secondary sources of data needed to identify systemic risk factors and safety issues in the City.Toole Design will communicate with city staff regarding next steps to obtain missing data either through collection or possible purchase to ensure that analysis is comprehensive and captures existing characteristics that impact safety. Additional sources of data could include: • Open Street Maps • StreetLight or Replica data Our team will collaborate with City of Salina staff to identify relevant GIS datasets that are necessary to analyze crash patterns and characteristics. Equally important will be to use sociodemographic, socioeconomic, crash, and land use data to objectively evaluate not only where crash risks exist but the populations that may be disproportionately impacted by fatal or serious injury crashes. Toole Design will use data from the US Census Bureau, American Community Survey(ACS), and USDOT's Transportation Disadvantaged Census Tract map tool to better understand how recommendations can address historical or ongoing inequities in Salina. More information on Equity Analysis is available under Task 4. Task 2.2: Crash and Data Analysis and Crash Risk Factor Identification Toole Design will start by joining the crash data and contextual data reviewed in Task 2.1. Preparing data will ensure that analysis results are valuable to understanding crash contexts and characteristics on all of Salina's roadways. A-2 Once data is ready for analysis, Toole Design will begin by creating a descriptive safety analysis(DSA),which identifies systemic safety issues and historical trends to provide a baseline level of understanding of crash causes and contributing factors of killed and serious injury(KSI)crashes. This analysis will outline systemic risks for different user groups defined in the crash data itself. We will then use a sliding window analysis and additional statistics and data to measure and estimate roadway risk. Our process is designed to use data inputs—crash location, mode, and severity—paired with national databases and sophisticated back-end scripted processes to make robust safety analysis easy and efficient. This analysis will supplement the DSA that is focused on using historical crash data. The sliding window output can directly inform high injury networks (HIN)for pedestrians, bicyclists, and vehicles.Toole Design will use the outputs from this analysis to provide extensive crash data, descriptive statistics, and summary reports. Toole Design will pair crash data analysis with contextual analysis to ensure that equity, land use, and other sociodemographic data are reflected in recommended actions for the CSAP. The emphasis of this task will be to understand and identify the cause or systemic risk factors associated with the most serious crashes at the local level (e.g., vehicle left turns, lack of walking or bicycling facilities, roadway speeds, crossing treatments, or other contributing factors such as distracted driving or speeding). Final results from the analysis task will include, but are not limited to: • A Descriptive Safety Analysis (DSA)describing systemic issues and patterns present in the last five years of available crash data • HIN maps highlighting where KSI crashes occur most frequently • Sliding window analysis identifying crash risk and locations where street characteristics could result in future crashes • Simple cost to benefit analysis estimating economic and societal impact costs of KSI crashes • Top tier crash corridors maps identified by transportation mode—pedestrians, bicyclists, and drivers— specifying locations where projects can address safety risk Toole Design will illustrate findings from this task in city and HIN-focused maps and we will prepare an analysis findings memorandum to document the methodology and summarize results that will help develop recommendations in the draft and final CSAP. TASK 2 DELIVERABLES: • Safety Analysis Data Set Draft/final Analysis Findings Summary Memorandum including Data Analysis Methodology • Analysis Maps of at least the top 3 HIN corridors for vehicle crashes and at least the top 3 HIN corridors for pedestrian and bicyclist crashes Task 2 CLIENT RESPONSIBILITIES • Provide to Toole Design relevant city datasets such as roadway network, sidewalks, land use, bike lanes, and crash locations. GIS files should be provided when applicable. All data should be uploaded to the file sharing system Toole Design creates unless otherwise agreed upon. A list of commonly requested documents will be provided by Toole Design. • Review of draft Descriptive Safety Analysis Memorandum (one set of consolidated staff comments) • Review of analysis maps (one set of consolidated staff comments) Task 3: Engagement and Collaboration Prioritizing safety culture is a highly desired outcome of the Plan and will require thoughtful and effective engagement with stakeholders and the public throughout the region. Toole Design's approach to stakeholder A-3 engagement and community outreach for this project is focused on education and communicating how safety must be integrated into decision-making at every level—for statewide and local elected officials, local government staff, and individual residents. Everyone has a responsibility to keep the transportation network safe. We understand the requirements for engagement and outreach related to the Safe Streets and Roads for All (SS4A)Grant Program and will ensure that this effort meets and exceeds those requirements and prepares the region for implementation funding. We believe that public access to information during this and every project is essential. We will craft messages that are easy to understand and present content in a manner that allows people to provide input in a variety of ways. Task 3.1 Stakeholder Engagement Toole Design will use the Engagement Plan that will be developed as part of the PMP in Task 1 to identify key stakeholders and guide engagement in the region with the help of City of Salina staff. Our approach to stakeholder engagement consists of active listening, education, and training. The Plan will need to address safety in multiple contexts which means that actions related to safety may vary. Toole Design will use the stakeholder engagement subtask to identify and encourage safety champions in the community that will be involved both in plan development and future implementation. This approach includes two key elements throughout the life of the project. Regional Safety Working Group Meetings (4 meetings): Toole Design proposes meetings with a working group that includes representatives at the state, county, and local levels. This group may include private and non- profit representatives if desired. Meetings will be held roughly every three months throughout the life of the project, resulting in four total meetings. Education and implementation will be the emphasis of working group meetings. Toole Design will both present information and create opportunities for discussion and consensus building. Working Group members will not only help shape the recommendations but will also be key members for implementation after the Plan is complete. We envision 2 in-person and 2 virtual meetings. Stakeholder Listening Sessions (4 meetings): Toole Design will host 4 in-person listening sessions in the first 3 months after project kickoff. These sessions will engage local stakeholders that bring diverse perspectives on how safety is related to their lives and work. This will include inviting representatives from local transportation agencies, emergency services, health care, advocates, and developers to the same listening session. Each of the 4 sessions will be roughly 1 hour in length and will ask questions of attendees to start the conversation about safety concerns, opportunities, and challenges. Toole Design will endeavor to schedule listening sessions during in-person trips to Salina. More than one listening session may be held on the same day, but listening sessions will be held on at least 2 separate dates to help accommodate attendee's schedules. Task 3.2 Community Outreach Toole Design will also conduct creative and equitable engagement throughout the region to reach diverse populations and collect input on how recommendations can improve travel safety. Surveys, Interactive Map, and Project Website: We will develop a survey that will allow for both the public and stakeholders to provide input that can identify challenges and opportunities associated with progressing a safety culture in Salina. The survey can be made available online and distributed in paper formats if requested. Surveys and outreach items can be distributed through social media, email, and on websites and at local events. Along with the survey, an online interactive map will be developed to collect specific locations where residents experienced close calls which may indicate existing safety risk. Locations identified through the interactive map will be reviewed with findings from data analysis (Task 2)to confirm perceptions and to spot-check analysis results.All information related to the project will be updated routinely on a project website that can be hosted by either The City of Salina or Toole Design. A-4 Pop-Up Events (up to 4 events): Holding pop-ups at pre-existing community events or locations is fundamental to meeting people where they are and reaching people who do not traditionally participate in planning initiatives. This is especially true if the event is well-attended by members of priority populations. Working closely with city partners, these events will be designed to share educational materials, invite people to take the survey or contribute to interactive activities, share progress, and clarify questions. Toole envisions 4 total in-person pop-up events scheduled over 1-2 in-person visits to Salina. Walking Audits: Walk audits are working meetings where city staff, community members, elected officials, and stakeholders meet on site at an intersection or corridor to assess safety issues. They provide deep, personal opportunities to identify specific issues and start generating recommendations that will address these issues. Toole Design will organize one walk audit to focus attention on high-risk locations identified through crash analysis. Task 3.3 City Commission Toole Design staff will plan to present to the City Commission and at the Commission's study session meetings once early in the plan development process to outline the project, general plan goals, and to obtain feedback from commissioners.Another presentation to the City Commission will be planned for when the draft plan has been completed. This presentation will go over the work completed, how we arrived at our recommendations, and how they can use the plan as a guide to prevent fatal and serious injury crashes moving forward. Presentations will be dependent on availability in the Commission's schedule. If it is not possible to present twice in one year, only one presentation will be given. TASK 3 DELIVERABLES • Regional Safety Working Group Meetings (4) • Stakeholder Listening Sessions (4) • City Commission Presentations (2) • Survey, Interactive Map, and Project Website • Pop-Up Events (up to 4) • Walk Audit(1) TASK 3 CLIENT RESPONSIBILITIES • Assistance with identifying outreach locations and events (including assistance booking meeting space), scheduling in-person and virtual engagement events, and distributing survey materials • Assistance in identifying local personnel to participate in the Regional Safety Working Group and stakeholder listening sessions. Task 4: Equity Considerations and Analysis We know too well that traffic crashes and exposure to unsafe transportation conditions disproportionately affect economically disadvantaged neighborhoods and communities.Addressing safety needs within the City's vulnerable populations and highest-risk areas (e.g., HIN sites)will be at the core of our approach to this task. Task 4.1 Citywide Equity Review Toole Design will compile data on existing transportation networks, services, and infrastructure that serve as enablers or barriers to an equitable system.This analysis will review the specific physical constraints, such as consistency or reliability in the infrastructure or services(e.g., gaps in the sidewalk network or infrequent transit access)that greatly impact how people move across the city, as well as the systemic issues (e.g., reliance on driving, cultural considerations, and limited engagement)that can worsen these inequities. A-5 For this review,we will pair our evaluation of physical infrastructure with local feedback on key destinations and critical links, such as access to schools, essential services, healthcare, and employment centers. Task 4.2 Transportation Equity and Risk Analysis After identifying communities most impacted by existing inequities using sociodemographic and socioeconomic data, we will combine equity data with the crash analyses to objectively evaluate not only where crash risks exist but the populations that are disproportionately impacted by fatal or serious injury crashes.Toole Design will use data from the U.S. Census Bureau,American Community Survey (ACS), and USDOT as a starting point and dive deeper into specific metrics related to equity and transportation risk. The findings from this analysis will aim to reduce barriers to access, address key safety concerns and risk, and to promote equity through safer access. Documentation of each step in the analyses, key findings, and recommendations will be presented in a technical memorandum and included in the final report and deliverables. TASK 4 DELIVERABLES: ■ One draft and one final highly visual technical memo, including accessibility gaps and opportunities (physical gaps in the network)and crash risk disparities across communities. This memo will include recommendations for addressing inequities and advancing a more connected, safe, and accessible network that serves all ages and abilities. TASK 4 CLIENT RESPONSIBILITIES ■ Review of the draft Equity Analysis Memorandum (one set of consolidated staff comments) Task 5: Policy And Process Change Task 5.1: Plan, Policy, And Process Review Toole Design will conduct a review of city, regional, and state planning documents and policies identified and provided by the City of Salina and will summarize this into a Policy and Process Review Tech Memorandum and for use in the final CSAP. Our focus during review will be to identify how these documents provide opportunities or present challenges to implementing the Safe System Approach and creating a positive traffic safety culture. The summary of these documents will highlight elements to leverage and changes or updates that will be beneficial to Salina moving forward in a set of preliminary recommendations that will be further fleshed out in the Final CSAP. TASK 5 DELIVERABLES: • Draft/final Policy and Process Review Technical Memorandum with preliminary recommendations TASK 5 CLIENT RESPONSIBILITIES • Client will upload to the file sharing system all City of Salina transportation related plans, policies, procedures, resolutions, and like documents. A list of commonly requested documents will be provided by Toole Design. • Review of Policy and Process Change memorandum (one set of consolidated staff comments) Task 6: Strategy And Project Selections The final plan will not only include findings from previous tasks but will provide a customized menu of short-, mid-, and long-term strategies, countermeasures, and recommendations that will give city staff clear direction on how to collaboratively approach safety action projects and ongoing campaigns. The strategies and action items will include individual and systemic project recommendations that use proven countermeasures and have a high impact on increasing safety. A-6 There is a wide range of potential safety measures, actions, strategies, and policies that are available to address traffic safety. Although many of them seem actionable, some tools do not have a substantial effect because they fail to address the real issues, or they lack relevance in the context of a specific community. In this task, Toole Design will identify a comprehensive set of policies and strategies that the City can realistically implement. Our recommendations will be the result of the analysis, public engagement, and equity analysis performed in previous tasks.We will use guidance from the Safe System Approach and other national and state guidance documents, like the KDOT Active Transportation Plan that Toole Design previously completed. The end results of this task will be a toolkit and decision matrix which will help City staff and decision-makers to better understand how street design affects safety and how to select specific projects considering a range of different criteria, budgets, timelines, and context. Task 6.1: Comprehensive Safer Streets Toolkit The Safer Streets Toolkit will be a tool to help City staff, developers, community groups, and elected officials develop a common understanding of the way street design affects safety, comfort, and accessibility. The Toolkit will help planners, engineers, developers, plan reviewers, law enforcement officials, educators, community organizers, and decision-makers make informed choices from a shared understanding of tools that prioritize safety based on a data-driven process and community sentiment. The Safer Streets Toolkit will lead practitioners to existing best practices in safer street design in three critical areas.The Toolkit will: • Identify proven safety measures to respond to hotspot locations with a history of killed and serious injury traffic crashes or the potential for future KSI crashes identified in Task 2 • Recommend systemic changes to existing roadway designs throughout the City that we know are contributing to fatal and serious injury crashes and a fear of traffic conflicts based on public input • Recommend additional safety-focused policies and strategies, or changes to existing policies and strategies Task 6.2: Safety Measures Decision Matrix We will develop a decision matrix that links safety measures to crash types, land use context, community concerns, and other critical factors so that designers, reviewers, and project managers can quickly identify a range of solutions to apply to different contexts.We will provide a short description of each safety measure that includes planning-level cost estimates, the potential pros and cons of the solution, and where to find relevant design guidance and additional information. We propose a spreadsheet format for this deliverable, so that the city can easily update information related to costs, risk, and crash history. TASK 6 DELIVERABLES: • Draft and final Safer Streets Toolkit, which will identify proven safety strategies for hotspot locations and recommended policy, and strategy changes • Draft and final Safety Measures Decision Matrix TASK 6 CLIENT RESPONSIBILITIES • Review of draft Safer Streets Toolkit and review of draft Safety Measures Decisions Matrix (one set of consolidated staff comments for each deliverable) Task 7: Progress And Transparency A-7 Creating safer streets does not happen overnight. Rather,true progress is evidenced in numerous decisions and actions that happen every day. Tracking progress and transparent reporting (internally and externally)are critical to proving a commitment to safety. Task 7.1: Performance Measures During this task,Toole Design will collaborate with City staff to identify safety performance metrics that can be continually tracked to highlight progress toward eliminating fatal and serious injury crashes even after the CSAP is completed. While eliminating fatal and serious injury crashes is the most important metric, it is not the only way to measure progress. Other crucial indicators could be tracked such as: • Number of HIN safety projects in progress or complete • Systemic safety projects deployed • Programs developed or changed to increase travel safety • Multimodal transportation data (e.g., volumes, speed reduction) • Policy changes • Number of quick-build projects Task 7.2: Safety Dashboard (OPTIONAL) Using these performance metrics, Toole Design will support the City in developing a Safety Dashboard that will visualize the work that is being done and the city's progress towards reducing and eliminating fatal and serious injury crashes. Our team has experience putting together similar dashboards for communities across the country and will work to make sure city staff can maintain the dashboard after the CSAP is finished. This dashboard will be easy to understand and clearly state the purpose behind each metric. The City may choose not to create a dashboard or to create their own dashboard if desired. Task 7.3: Work Program and Report Card In addition to performance metrics and dashboards, the Toole Design Team will provide a work program that can be used by the city to continue the momentum created by the CSAP. This work program will include specific safety planning tasks,their frequency, and resources that can be used by staff.A crucial component of Work Program will be a template for an annual report card. The report card will provide an easy-to-understand snapshot of how Salina is doing on the safety metrics and the overall goal of eliminating traffic violence. Progress tracked in the report card will include: • Output-based performance measures and goals that can track activities (e.g., number of intersections improved, number of new warning signs installed) • Outcome-based measures that focus on the result of those activities (e.g., the number and severity of collisions countywide or at individual safety treatment locations) TASK 7 DELIVERABLES • Draft and final list of safety performance metrics • Online safety dashboard (OPTIONAL) • Work program and template report card TASK 7 CLIENT RESPONSIBILITIES • Review of draft list of output-based and outcome-based performance measures to be tracked by the City after plan completion • Review of draft work program and template report card (one set of consolidated staff comments) • Safety dashboard online publishing support for City of Salina Website A-8 Task 8: Draft and Final Plan Document Toole Design will work with City staff to tie together the findings and feedback from the previous tasks into a draft and final plan that is data informed, implementable, and visionary. Based on our experience developing CSAPs in other cities and regions, we feel confident that we will be able to assist the City of Salina in developing actions and strategies to guide the City toward zero roadway fatalities or serious injuries. The final plan will not only include findings from previous tasks but will provide a customized menu of short-, mid-, and long-term strategies, countermeasures, and recommendations that will give city staff clear direction on how to collaboratively approach safety action projects and ongoing campaigns. The strategies and action items will include individual and systemic project recommendations that use proven countermeasures and have a high impact on increasing safety. Due to the momentum that we anticipate building through the life of the project and the potential audience for project deliverables, the final plans will need to be both graphically sophisticated and reader friendly. Our graphic designers and planners will draw from their experience producing CSAPs for other communities large and small. Key Action Plan Components: The value of this task is to recognize that the Salina CSAP is only one step in the right direction and that there must be a continued commitment to change the culture related to roadway safety. Each component of the plan is an important output that will lead to a positive roadway safety culture. Individually, these Plan components are powerful,together, they will tell the story of why a change is needed and the actions that will have the greatest impact on increasing safety. Everyone—City staff, regional partners, elected officials, and local residents—has an important role in making change. The following is an overview of our approach to each of the Plan components that will be included in this task: • Message from the Mayor/Council/Manager: Our team will provide example messages and data that highlight fatal and serious injury crashes on our roadway network to elected officials to aide their own efforts in writing opening statements in the Plan. We will set up time to answer questions and provide insight individually to ensure messages are accurate, personal, and data-informed. • Remembering Victims (OPTIONAL): Telling real stories is critical to bringing people into the planning process and giving the people of Salina ownership in the document. Although it can be painful, allowing someone the opportunity—when they are ready—to describe their experience of losing a loved one can be valuable to the storyteller and those receiving the message. We will develop a list of community members along with law enforcement and medical professionals and reach out with care and intention to hear their stories. • Kansas Crash Reduction Examples: Our team has a deep knowledge of proven safety countermeasures and case studies where they have been deployed at the national, state, and local levels, including evidence of how roadway safety has been increased in Kansas and/or nearby states builds the case for change and provides proof that actions can be taken. Our team will collect examples and provide clear narrative on their deployment characteristics and their value. • Strategies and Actions: The recommendations in the Plan provide the blueprint for specific action that will define the success of the Safe Action initiative. We have learned that the Strategies and Actions must: » Use the crash data to target proven engineering countermeasures and programs that will eliminate fatal and serious injury crashes on the HIN and highest-risk roads; » Prioritize an equity-centered process that is informed by the daily experiences of Salina residents, especially those disproportionately affected by traffic conflicts; » Recommend best practice safety strategies that are specific, measurable, action-oriented, relevant, time-bound, inclusive, and equitable; and A-9 » Be developed and owned by the people and agencies that are responsible for implementation so that it is transparent, authentic, specific to the city's context, and ensures accountability for results. ■ Funding Sources: While there are many actions that can be taken that do not require funding, bigger changes to the roadway network necessitate larger budgets.The Toole Design Team will prepare Salina with the materials they need to successfully apply for funding. Our team will prepare a list of local, state, and federal funding opportunities along with key information to support the city with decisions and next steps. Our approach to funding stresses that the work laid out in the CSAP should not solely depend on new funding. Funding the work ahead will come from a reallocation of existing budgets to focus persistently on eliminating fatal and serious injury traffic crashes; it's a different way of investing existing resources on planning, design, construction, maintenance, and operations of transportation projects so that we stop building roads and public spaces that are dangerous for people, especially our most vulnerable roadway users. Draft and Final Action Plan: Throughout the planning process, we will develop all documents and deliverables with an eye toward the final plan. Toole Design will complete a draft plan pulling months of analysis and work together into a comprehensive document and present it to City staff for review and final comment.With that feedback provided, we will work to incorporate everything into the final plan.All supporting materials will also be provided to the City. Executive Summary and Fact Sheet: Toole Design will develop a single-page fact sheet on the CSAP, as well as a brief Executive Summary that is highly visual and easily accessible. The Fact Sheet will call people to action and clearly state the fundamental mission of the plan to eliminate fatal and severe injury crashes in Salina. Toole Design will work with the City to provide the information of the fact sheet in a variety of formats beyond the single page PDF such as an online Story Map, a flyer, or post card. SS4A Final Report Development: Toole Design will assist the City of Salina with completing the SS4A Final Report within 120 days of plan adoption by the City Commission. Assistance can include estimating project costs, quantifying roadway safety outcomes, calculating the percentage of funds spent in and providing benefits to underserved communities, and lessons learned. TASK 8 DELIVERABLES: • Draft and final CSAP • Executive Summary of the CSAP • Assistance with the USDOT SS4A Final Report development TASK 8 CLIENT RESPONSIBILITIES • Coordinating the letter from the mayor/city council ■ Identifying a story to tell to remember the victim of a traffic fatality or life changing serious injury(optional) ■ Assistance with identifying a Kansas related example of a successful crash reduction strategy ■ Review of draft CSAP (one set of consolidated staff comments) A-10 11: 0 iiiiiiiiiiiiiiiiiiiiiii .2'``' II IIIIIIIIIIIIIIIIIIIIII.M. 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Tel � � � = c = e % ir ` o = @ G E r % 7 § E § + 2 2 c as c E § k 1 k $ 3 E > co C § ° e 3 = E m = 2 t > _ > � 2 2 cu ° E U- b « I E 2 0) k k Ca . k \ g d \ o = e f § § $ § m g0 a _ co c = o e@ 1 t a . _ - / Q I m w E11. / I c o > 2 C. ii / \ ® `) \ '- @ Q w CO 4 a CO R a = o a > I o E _Y _ _Y 2 gu \ k f 0 II ii '2 Cl) Cl) co Cl) % Cl) q q o o .- a I- E E w > e c = CL e e e R e R R@ w e CI e EXHIBIT D INSURANCE REQUIREMENTS (Consultant Services) Pursuant to Section 6 of the Agreement, the Consultant shall obtain,pay for, and maintain and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement,policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of the workers' compensation and professional liability policies to be obtained by the Consultant hereunder, all policies shall name the City, its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall be as broad as the insurance for the named insured, including defense expense coverage, and, with respect to the commercial general liability policy required hereunder, shall be endorsed to apply as primary and non-contributory insurance before any other insurance or self-insurance, including any deductible,maintained by,or provided to,the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents, representatives, officers, officials, and employees. C. Claims Made Policies. If coverage is written on a claims-made basis for any of the policies required by this Agreement, the Consultant must maintain the coverage for a minimum of two (2)years from the date of final completion of all work under the Agreement. D. Premium and Deductible Expenses. The Consultant shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Agreement. 2. Specific Coverage Requirements. A. Professional Liability — Errors and Omissions. The Consultant shall maintain professional liability insurance covering errors and omissions, including the performance of professional design or related services,with limits of not less than$1,000,000. In the event coverage is provided on a claims-made basis, the professional liability insurance shall be maintained for a period of not less than two (2) years after completion of the Contract or, in lieu thereof, the Consultant shall purchase tail coverage (extended reporting period)under which the City shall be afforded protection. B. Commercial General Liability ("CGL"). The Consultant shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent, which shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: D-1 2016-11-30 Consultant Services • Each occurrence $1,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability $1,000,000 C. Business Automobile Liability ("BAL"). The Consultant shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Consultant and include automobiles not owned by but used on behalf of the Consultant. The BAL policy limits shall not be less than the following: • Combined single limit $1,000,000 D. Workers' Compensation/Employer's Liability. The Consultant shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation(Coverage Part A) o Statutory • Employer's Liability(Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o $100,000 disease—each employee D-2 2016-11-30 Consultant Services 00MCI .00178 Agreement for Professional Services [for sign] Final Audit Report 2024-06-07 Created: 2024-06-07 By: Kathryn Fosdal(kfosdal@tooledesign.com) Status: Signed Transaction ID: CBJCHBCAABAAp-IAJBITmugtdnPr4XiwnmfVoYRhghJr "00MCI.00178 Agreement for Professional Services [for sign]" Hi story t Document created by Kathryn Fosdal (kfosdal@tooledesign.com) 2024-06-07-5:37:29 PM GMT Document emailed to cschlichting@tooledesign.com for signature 2024-06-07-5:38:24 PM GMT t Email viewed b cschlichtin tooledesi n.com Y 9@ 9 2024-06-07-6:41:01 PM GMT C; Signer cschlichting@tooledesign.com entered name at signing as Ciara Schlichting 2024-06-07-6:42:13 PM GMT Document e-signed by Ciara Schlichting (cschlichting@tooledesign.com) Signature Date:2024-06-07-6:42:15 PM GMT-Time Source:server Agreement completed. 2024-06-07-6:42:15 PM GMT Adobe Acrobat Sign