HomeMy WebLinkAboutECWRP amendment Vie
East Central Wisconsin
Regional Planning Commission
00 CWRPC
Calumet * Fond du Lac • Menominee * Outagamie
Shawano . Waupaca • Waushara • Winnebago
East Central Wisconsin Regional Planning Commission
Scope of Work & Contract for Services to the City of Oshkosh, Wisconsin for:
Preparation of Year 2040 Comprehensive Plan Update
AMENDED February 16, 2016
�g�2015
East Central Wisconsin
0 , itegional Planning Commission
10A ECWRPC
Calumet- Fond du Lac.Menominee.Outagamie
Shawano.Waupaca.Waushara.Winnebago
February 16, 2016
Mr. Darryn Burich, Planning Director
Planning Services Department
City of Oshkosh
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903-1130
SUBJECT: AMENDED Contract and Scope of Services for the Preparation of an
update to the City of Oshkosh's Comprehensive Plan
Per the City's request, please find attached an amendment contract and scope of
services for the preparation of the City's Comprehensive Plan Update. These
amendments primarily serve to alter the payment schedules and amounts and are
highlighted on pages 2, 11 and 21 of this document.
If you have any questions concerning this proposal, please contact me (920) 751-4770.
Otherwise, please return one signed original contract to me at your convenience
Sincerely,
Eric Fowle, AICP
Executive Director
Enclosure
Table of Contents
ContractAgreement...................................................................................... 1
Appendix A: Scope of Services ...................................................................3
Appendix B: East Central Wisconsin Regional Planning Commission
-- Shortform for Locally ended Contracts .............................................. 17
East Central Wisconsin Regional Planning Commission—Amended—Februaq 16, 2016 1
CONTRACT BETWEEN
EAST CENTRAL WISCONSIN REGIONAL PLANNING COMMISSION (COMMISSION)
AND CITY OF OSHKOSH, WISCONSIN
FOR PROJECT NUMBER: 2406-15
COMPREHENSIVE PLAN UPDATE
This CONTRACT, made and entered into by and between East Central Wisconsin
Regional Planning Commission (COMMISSION) and the City of Oshkosh, Wisconsin
(CITY), to provide services described in detail herein and is for the purpose of:
Preparing and update to the existing City of Oshkosh Comprehensive Plan with a
time horizon of 2040.
The COMMISSION deems it advisable to engage the CITY to provide certain services
and has authority to contract for these services as permitted by its Bylaws. The
COMMISSION will be compensated by the CITY for services provided under this
CONTRACT on the following cost basis:
a) An LUMP SUM COST of$24,891 to be paid in four 4 equal installments of$6,222.75
for work completed between January 9 2016 and July 39 2097 as outlined In the
Scope of Services,Appendix A (see Appendix B, Section/it, Item 6„for a complete
Payment schedule).
b) The final invoice will be submitted once the final services and materials have been
submitted to the CITY and both parties are in agreement that the final products have
been completed.
The COMMISSION represents it is in compliance with the laws and regulations relating
to its profession and signifies its willingness to provide the desired services.
The CITY Representative and billing contact is Darryn Burich, Planning Director for the
City of Oshkosh Planning Services Department whose work address/e-mail address
and telephone number is:
City of Oshkosh
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903-1130
Phone: 920-236-5059
Email: dburich _.ci.oshkosh.wi.us
2
East Central Wisconsin Regional Planning Commission-Amended—February 16, 2016
The COMMISSION Representative is Tom Baron, whose work address/e-mail address
and telephone number is:
East Central Wisconsin Regional Planning Commission
400 Ahnaip Street, Suite 100
Menasha, WI 54952
Phone: 920.751.4770
E-mail: tbaron ,ecwrpc.org
The parties agree to all of the provisions which are annexed and made a part of the
CONTRACT consisting of thirty (30) pages including Appendix A (Scope of Services),
Appendix B (East Centrals Shortform for Locally Funded Contracts).
For the CITY OF OSHKOSH For the COMMISSION
By: By:
Mark R hloff, City Manager Eric Fowle, A1CP
Executive Director
Date: Date: February 16, 2016
4Lq , City Att e
Date: ^ 5H9—I �0
By: t M
Trena arson, Finance Director
Date:
Pam Ubrig,"City Clerk
Date: > .3
Last Central Wisconsin Regional Planning Commission-Aniended—February 16, 2016 3
4
East Central Wisconsin Regional Planning Commission-Amended—February 16, 2016
APPENDIX A: SCOPE OF SERVICES FOR
PROJECT NUMBER: 2406-15
East Central Wisconsin Regional Planning Commission-Amended—Februaty 16,2016 S
Appendix A - Scope of Services
City of Oshkosh Year 2040 Comprehensive Plan Update
Overview
This scope of services document outlines the tasks, activities, products, timelines, and costs for
completing an update of the City of Oshkosh's Comprehensive Plan in accordance with
Wisconsin State Statutes 66.9001.
Planning Approach
East Central's approach to comprehensive planning is focused on developing an appropriate
vision for the future that is created by the community. We firmly believe that a high level of
citizen engagement early on in the planning process will benefit not only the quality of the plan
that is created, but will also ease the tensions that typically come into play at the end of many
public processes (11th hour arguments and misinformation run amok). The reason for this is
that the end result of the process—the plan itself--is something that is developed by the
community through a process which facilitates 'ownership' of the plan,
We accomplish this using a consistent and simple engagement process. First, an update of all
factual information contained within the existing City of Oshkosh's Comprehensive Plan is
completed. This information is then shared with community leaders and the general public in
order to identify and explore critical issues, trends and opportunities associated with expected
changes in the community. Lastly, we ensure that the final, updated comprehensive plan is well-
connected to these short and long term desires, and that appropriate steps are provided as a
guide for how to achieve the vision.
Public participation and engagement is generally sought in three basic forms:
1) Traditional, yet well publicized meeting notices and public comment opportunities
(newsletters, press releases, flyers/posters, web postings etc.).Additionally, public
comment opportunities are provided at each regular Plan Commission meeting during
the process. This includes a final, formal public hearing at the end of the process. East
Central staff will assist the City in reviewing and modifying any components of the
established Citizen Participation Plan document prior to initiating this public process.
2) Through the hosting of a targeted focus group workshops which will assist in providing
input and direction that will ultimately establish a land use vision for the City.
3) Through the development of an on-line survey, or other input device, that will be
available via a link on the City's website. This task will be overseen and carried out by
the City with support on material development by East Central staff-
6
East Central Wisconsin Regional Planning Commission-Amended--Fehniaq 16,2016
Targeted Focus Group Workshops
Recent discussions with the City of Oshkosh indicated that the public participation recently
sought for the riverfront visioning in 2014, also provided significant amounts of community-wide
information and ideas. This information will be reviewed and considered during the
comprehensive planning process but it will be also supplanted by other forms of information and
community feedback.
A series of up to four(4) targeted focus group visioning sessions would be developed in concert
with input from the Community Development Department staff. These sessions would target
specific areas/groups within the city and would be best defined by geography or topic. For
example (but subject to change)they might include Commercial Corridors & Business Owners,
Neighborhood Association Leaders, West Side Growth Area Landowners, and Elected Officials
(Plan Commission and Common Council),
All focus group sessions will include a series of visual and exploratory exercises (developed by
EC and City staff) and are expected to last approximately 2 hours. The exercises would help
to explore and identify specific issues, high priority trends, needed physical improvements, and
implementation opportunities that will be used to maintain or enhance some of the following
areas:
• Livability, culture and quality of life;
• environmental qualities and functions;
• transportation and mobility and multi-modal enhancements;
• recreation and health;
• housing and changing markets;
• community services provision;
• economic development; and
• growth, development and re-development interests.
Participants would be encouraged to attend that are representative of the geographic area being
addressed. Targeted invites will be made by the City with a goal of having a representative
group of at least 12 to 15 individuals for each geographic or subject-based targeted group. A
small report would be generated which documents these focus group meetings and the resulting
outcomes.
City Staff
East Central will work with City Staff on all aspects of the planning process. During the process,
it is expected that City Staff will
• Format and post and e-mail as required all meeting notices and materials to various
Committees, focus groups, or other interested parties so as to be available to the public.
Staff should also facilitate the overall promotion of the planning process through various
means in order to increase citizen engagement.
East Central Wisconsin Regional Planning Commission-Amended—February 16, 2016 7
• Identify and contact all Focus Group members for commitments to attend visioning
sessions;
• Provide information, as requested, for incorporation into the background chapters as
well as provide overview of recent policy changes and/or other accomplishments made
since the adoption of the previous plan;
• Develop and maintain a project web page and post materials as requested by Past
Central staff during the project timeframe;
• Provide all GIS background mapping, including updating and verification of data for the
Existing Conditions Report, and the development of map layouts with assistance from
Past Central;
• Provide timely review and provide input on background information to not only concur
with its conclusions, but to also point out corrections, errors, or other sources of
information;
• Review results and assist in developing planning concepts from the previously held
Riverfront Visioning Workshops, the Focus Group Visioning Workshops, and any On-
line or public meeting commentary and feedback; and
• Review draft plan documents prior to distribution.
Plan Commission Responsibilities
East Central will work with the Plan Commission as the primary body for discussion and
decision-making throughout the process. While East Centrals staff will do what they can to
ensure an efficient process, the Plan Commission will have a number of responsibilities as well,
including:
• Timely review of background information and maps to not only concur with its
conclusions, but also to point out corrections, errors, or other sources of information;
• Review of Visioning Workshop summaries in order to assist in determining priority issues
to address in the plan;
• Evaluation of plan alternatives, goals, strategies and recommendations in order to
formulate the best direction in moving forward on land use matters within the community;
• Review of final plan documents and establishing a supportive environment for instilling
community dialogue, input on, and support for, the plan.
Proiec#_Timeframe
The project would initiate on January 1, 2016 and would be completed over an eighteen month
period ending with delivery of the final documents by July 31 st, 2017 as shown in Figures 1 and
2 on the following pages.
.Cast Central Wisconsin Regional Planning Commission-Amended—February 16,2016
Figure 1 —Tasks & Timeframes for Cily of Oshkosh Com rehensive Plan Update
Phase Timeframe Description/Key
(Approximate)
Organization Jan— Feb, 2016 . Creation &adoption of Public
Participation Pian
• Establishment of comprehensive
plan update webpage
• Appoint ad hoc members to Plan
Commission (if needed)
• Develop on-line survey
• Prepare prelim.demographic info.
Plan Kickoff Meeting&Visioning Feb—April,2016 . Kickoff meeting with the City Plan
Commission (Feb)
■ Present preliminary demographic
information
■ Review ex. vision, goals,
strategies and recommendations
• Focus Group Visioning (4) (April)
Inventory/Analysis & Issue Jan—July, 2016 • Update inventory of the physical,
IdentificationlVision social, and economic resources of
Development the City
■ Develop background maps (City)
• Meet with City Plan Commission
(July)
■ Review community-wide
visioning session,focus groups
and survey results
• Identify and prioritize issues
(needs)and opportunities
■ Distribute background chapters
■ Develop vision statements
Phase Timeframe Description/Key
(Approximate)
Develop Draft Goals,Strategies August— . Meet with City Plan Commission
& Recommendations November, 2016 (August)
■ Develop draft goals and
preliminary strategies
• Meet with Clty Plan Commission
(September)
■ Develop draft strategies and
recommendations
• Meet with City Plan Commission
(October)
■ Review and develop land use
map in workshop format
• Hold Intergovernmental Meeting
(November)
East Central Wisconsin Regional Planning Commission-Amended—Februaq 16, 2016 9
Plan Implementation December,2016-- Meet with City Staff(December)
March, 2017 Meet with City Plan Commission
(January)
• Finalize draft goals, strategies,
recommendations,future land
use map
• Develop implementation plan
• Develop list of indicators
• Develop draft plan (Plan Framework)
• Meet with City Plan Commission
(March)
• Approve draft plan for public
review
Plan Review, Public Hearing & April--May, 2017 . Develop press release
Adoption . Publish 30 day public notice
• Hold Public Hearing 1 City Plan
Commission recommendation of
comprehensive plan amendment
(May)
• City Council adoption of plan
update (amendment) by
ordinance(May)
Plan Printing & Distribution July, 2017 . Plan printing and delivery
Activities
10
East Central Wisconsin.Regional Planning Commission-Amended—February 16, 2016
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Contract Deliverables
East Central, within 60 days of the approval of the final document by the City Council, will
develop a poster plan, and produce and deliver the following materials in order to satisfy the
contract:
1) 15 printed, full-color copies of the City of Oshkosh Year 2040 Comprehensive Plan
Update Volume One:Plan Framework, including maps;
2) 15 printed, full-color copies of the City of Oshkosh Year 2040 Comprehensive Plan
Update Volume Two:Existing Conditions Report, including maps;
3) 12 CD-ROMs containing a full Adobe Acrobat (.pdf)version of the plan document with
maps and poster plan, and a separate version with maps and poster plan separated out;
Additional copies of the above materials can be produced in excess of what is noted above and
a separate cost estimate can be provided if requested by the City.
Cost Estimate. Method of Payment
The following estimate of costs has been prepared to complete the entire project as proposed
and includes all labor, materials and travel cost. Any changes in the scope of services provided
herein can be considered by the City at their request at any time during the planning process. A
separate estimate shall be prepared and approved by both parties prior to alteration of the tasks
set forth herein.
Initial Total Cost Estimate for Services & Deliverables = $39,227
Discounts Based on Winnebago Co. Membership:
Technical Assistance Program - ($8,989)
Transportation Program = ($2,034)
Economic Development Pgm. - ($2,732)
Sewer Service Area Pgm. ($582)
Adjusted Cost Estimate for Services & Deliverables $24,891
East Central will invoice the City in five separate equal installments (three installments of
$4,978.20 each during calendar year 2016, and two during calendar year 2017, with final
payment due at the completion of the project) as indicated by the ($) in the `months' shown in
Figure 2. Each invoice shall be accompanied by a short report of major tasks completed during
each period.
Project Staffing
At a minimum, the following East Central staff will have some level of involvement in the project
as described:
• Eric Fowle, AICP - Executive Director
• Tom Baron, Associate Community Development Planner(Project Lead)
East Central Wisconsin Regional Planning Commission-Amended—Februaty 16, 20J6 13
• Sarah Van Buren — Economic Development Planner
• Kolin Erickson —Transportation Planner
• Tyler DeBruin — GIS Specialist I
Information Recluired from the Cttv and Other Responsibilities
The City of Oshkosh will provide East Central with a copy of its current Citizen Participation Plan
document and adopt the updated version prior to the initiation of the public process.
The City of Oshkosh shall also assume all costs and responsibilities for providing meeting/event
space, refreshments, preparing and distributing meeting notices, publishing hearing notices,
preparation of committee meeting minutes, posting and maintaining the project webpage,
printing and mailing of meeting materials generated by l=ast Central, and various other tasks
which serve to relay information about the project from East Central to the City's elected officials
or residents.
The City of Oshkosh is responsible for mailing copies of the adopted comprehensive plan, as
required by Wisconsin State Statutes 66.1001.
Continuing Planning„Assistance
As continued member of the East Central Wisconsin Regional Planning Commission by virtue of
Winnebago County, the City of Oshkosh is entitled to receive continuing planning and support
services subject to its overall capacity, to implement this plan, once completed.
Experience and References
East Central has been in existence since 1972 and its organization has been involved in
numerous planning and development related issues through both programmatic and contractual
work. Its current staff of 23 professionals has an impressive average employment of over 11
years each. When working with communities on contract projects, these are some of the
beneficial reasons that are given regarding our services:
1) Our overall cost and our ability to subsidize some costs for prior work done through
Commission related programs. This includes our ability to fund some project related
expenses, add-ons, or plan enhancements directly through one of our regional
programs;
2)Ability to bring regional context and additional knowledge to local planning
projects/issues using our staffing resources from program areas associated with our
Metropolitan Planning Organization (MPO), Economic Development District (EDD), or
Water Quality Management (WQM) planning designations at the State and Federal level.
3) Staff knowledge of(and positive relationships with) State agencies, County
departments, and non-profit organizations and their programs and policies which have
resulted from years of communication and cultivation;
14 East Central Wisconsin Regional Planning Commission—Amended—February 16, 2016
4) Familiarity and experience! East Central staff has been involved with many urban and
rural planning projects and issues during its 40+ year history. Its current Director has
been employed by the Commission for over 18 years, and he and many of his staff are
extremely familiar with various planning issues facing the region's communities, as well
as the context(s) under which the issues have developed.
5) Objectivity. By its very nature, the Commission addresses all planning issues and
projects in a manner that is comprehensive and includes examination of all sides of an
issue prior to engaging in, or providing direction on, a land use related decision. The
Commission also has an excellent track record for bringing communities together to
make important decisions in a coordinated manner.
Below is information on recent and ongoing contract projects that were engaged by
communities who desired to have East Central lead the public planning process. More
information and materials associated with these projects can be viewed at their respective
websites.
Although each community and its plan are unique and varied, we would encourage you to make
contact with these entities if you have any questions about our general abilities.
Project. Town of Greenville Comprehensive Plan 2030
Community: Town of Greenville, Outagamle County, Wisconsin
Completion Date: December, 2008
Sample Work. http://www.ecwrpc.org/wp-
content/u loads/2013/061GreenvilleCofn Plan2030. df
Contacts: Dave Tebo, Town Administrator (920) 757-5151
ext. 4
Project., Menominee County Comprehensive Plan 2030
Community., Menominee County, Wisconsin
Completion Date: January, 2010
Sample Work. htt .,I/www,ecwr c.or /w -
content/u loads/2013/06/Menominee2030Corn flan. df
Contact: Jeremy Weso, Administrative Coordinator (920) 799-3635
Project. Village of Hortonville Comprehensive Plan Update
2035
Community: Village of Hortonville, Wisconsin
Completion Date: Adopted 4/17/2014
Sample Work. htti)://www.ecwrpc.orci/wo-
contentluloads/2013/06Nilla e-of-Hortonville-
Comprehensive-Plan-2035.pdf
Contact. Traci Martens, Village President (920) 779-6011
Note: Information regarding current and past planning projects is contained on East Central's
website (www.ecwrpc.org). A more specific list of recent plans that were developed and
published in recent years can be found at htt ://www.ecwr c.or /documents/.
East Central Wisconsin Regional Planning Commission-amended—Februai y 16,2016 15
16 East Central Wisconsin Regional Planning Commission—Amended—February 16, 2016
APPENDIX B:
EAST CENTRAL WISCONSIN REGIONAL PLANNING COMMISSION
SHORTFORM FOR LOCALLY FUNDED CONTRACTS
East Central Misconsin Regional Planning Commission-Amended—February 16,2016 17
Table of Contents
1, Scope of Services......................................................... 19
II, Prosecution and Progress............................................. 19
A. General....................................... ........................-- 19
B. Delays and Extensions............................................. 19
C. Termination ..............................................................20
D. Subletting or Assignment of Contract.......................20
I11. Basis of Payment..........................................................21
IV, Miscellaneous Provisions..............................................22
A.Ownership of Documents ..........................................22
V. Contingent Fees ...........................................................22
VI. Legal Relations.............................................................22
VI 1. Nondiscrimination in Employment.................................23
VIII. Equal Employment Opportunity....................................23
IX. Errors and Omissions ...................................................24
X. Conflict of Interest.........................................................24
XI. Certification Regarding Debarment...............................25
XII. Insurance Requirements...............................................25
Xill. Certification Regarding Lobbying..................................25
XIV. Disadvantaged Business Utilization..............................25
18 East Central Wisconsin Regional Planning Commission—Amended—February 16, 2016
I. Scope of Services
1. The services under this CONTRACT shall consist of performing all work
necessary or incidental to accomplish this PROJECT as defined in Appendix A.
2. The COMMISSION shall furnish all services and labor necessary to conduct and
complete the services, and shall furnish all materials, equipment, supplies, and
incidentals other than those designated to be furnished by the CITY.
3. The services shall comply with applicable state and federal laws and regulations
consistent with the funding for this PROJECT.
4. The COMMISSION shall from time to time during the progress of the services
confer with the CITY and shall prepare and present such information, studies,
and reports as may be necessary or as may be requested by the CITY to enable
it to reasonably pass judgment on the features of the services. The
COMMISSION shall make such changes, amendments, or revisions in the detail
of the services as may be required by the CITY. The COMMISSION is not
relieved from the responsibility for continuing adherence to generally accepted
standards of the profession by CITY required changes in the detail of the
services.
5. Meetings may be scheduled at the request of the COMMISSION or the CITY for
the purpose of discussing and reviewing the services under this CONTRACT.
Meeting schedules are to be coordinated with the COMMISSION Representative.
II. Prosecution and Progress
A. General
1. Services under this CONTRACT shall commence upon written order from the
CITY to the COMMISSION, which order will constitute authorization to proceed.
2. The COMMISSION shall complete the services under this CONTRACT within the
time for completion specified. Services by the COMMISSION shall proceed
continuously and expeditiously. The time for completion shall not be extended
because of any delay attributable to the COMMISSION but may be extended by
the COMMISSION in the event of a delay attributable to the CITY or because of
unavoidable delays caused by an act of God, war, governmental actions or other
conditions beyond the control of the COMMISSION.
3. The COMMISSION shall notify the CITY in writing when the services have been
completed. Upon the CITY's subsequent determination that the services have
satisfactorily been completed, the CITY will provide written notification to the
COMMISSION acknowledging the formal acceptance of the completed services.
& Delays and Extensions
1. Delays in completing the services within the time provided for completion for
reasons not attributable to the COMMISSION may constitute justification for
additional compensation to the extent of documentable increases in costs as a
result thereof. f=ailure of the COMMISSION to submit a formal written request for
a time extension and additional compensation prior to the expiration of the
CONTRACT time shall constitute a basis for denying any cost adjustments for
reasons of delay.
—East Central Wisconsin Regional Planning Commission-Anzended—Februaq 16,2016 19
2. Delays grossly affecting the completion of the services attributable or caused by
one of the parties hereto shall be considered as cause for the termination of the
CONTRACT by the other party.
3. A request for extension of the CONTRACT by the COMMISSION must be
submitted to the CITY prior to May 31, 2017, which is 60 days before the original
CONTRACT completion date of July 31,, 2097.
4. Time is of the essence with regard to the delivery of all services under this
CONTRACT.
C. Termination
1. The COMMISSION reserves the right to terminate all or part of this CONTRACT
at any time upon not less than ten days' written notice to the CITY.
2. In the event the CONTRACT is terminated by the CITY without fault on the part
of the COMMISSION, or by the COMMISSION under Il.g(2) above, the
COMMISSION shall be paid for the services rendered, an amount bearing the
same ratio to the total CONTRACT prices as the amount of services completed
or partially completed and delivered to the CITY bears the total amount of
services provided for herein, as determined by mutual agreement between the
COMMISSION and the CITY as the CONTRACT amendment.
3. In the event the services of the COMMISSION are terminated by the CITY for
fault on the part of the COMMISSION, the COMMISSION shall be paid a
reasonable value of the services rendered and delivered to the CITY up to the
time of termination. The value of the services will be determined by the
COMMISSION.
D. Subletting or Assignment of Contract
1. The COMMISSION shall not sublet or assign any part of this CONTRACT without
prior written approval of the CITY unless previously authorized as part of the
approved scope of services contained in Appendix A.
2. When the COMMISSION is authorized to sublet or assign a portion of the
services, the COMMISSION shall perform services amounting to at least one-
half of the original CONTRACT amount.
3. Consent to assign, sublet, or otherwise dispose of any portion of the
CONTRACT shall not be construed to relieve the COMMISSION of any
responsibility for the fulfillment of the CONTRACT.
4. When the COMMISSION subcontracts a portion of the services, the
subcontract shall provide for the performance of the services to the full scope
as contemplated in this CONTRACT and to the same standards and concept
as if performed by the COMMISSION.
5. No subcontracting and assignment of any services under this CONTRACT
shall state, imply, intend, or be construed to limit the legal liability of the
COMMISSION.
20 East Central Wisconsin Regional Planning Commission---Amended—February 16,2016
III. Basis of Payment
1. The COMMISSION will be paid by the CITY for the completed and approved
services rendered under this CONTRACT on the basis and at the CONTRACT
price set forth elsewhere in this CONTRACT. Such payment shall be full
compensation for services rendered and for all labor, materials and supplies,
equipment, and Incidentals necessary to complete the services. Compensation
in excess of the total CONTRACT amount will not be allowed unless justified
and authorized by an approved written CONTRACT amendment. Compensation
for improper performance by the COMMISSION will not be allowed. No payment
shall be construed as CITY acceptance of unsatisfactory or defective services or
improper materials.
2. Reimbursement for costs will be limited to those which are allowable by
COMMISSION policy.
3. The COMMISSION shall submit invoices in the format specified in the
CONTRACT AGREEMENT during the progress of the services, for partial
payment for the authorized services completed to date. The final invoice shall
be submitted to the CITY within 30 days of completion of the services. Final
payment of any balance due the COMMISSION will be made within 30 days
upon its verification by the CITY, upon completion of the required services, and
upon receipt of documents or materials required to be returned or furnished to
the CITY. Should this CONTRACT include more than one PROJECT, separate
invoices shall be submitted for each individual PROJECT.
4. The CITY has the equitable right to set off against any sum due and payable to
the COMMISSION under this CONTRACT, any amount the CITY determines
the COMMISSION owes the CITY, whether arising under this CONTRACT or
under any other CONTRACT or otherwise,
5. If, in the COMMISSION's opinion, orders or instructions given by the CITY
would require the discarding or redoing of services which were based upon
earlier direction or approvals, or instruction given by the CITY would involve
services not within the scope of services, the COMMISSION must notify the
CITY in writing if it desired extra compensation or a time extension. The CITY
will review the COMMISSION's submittal and if acceptable, approve a
CONTRACT amendment.
6. Schedule for payment:
Invoice Date Amount Payment Date
May 30, 2016 $6,222.75 June 30, 2016
October 31, 2016 $6,222.75 November 30, 2016
Februa 28, 2017 $6,222.75 March 31, 2017
Jul 31, 2017 $6,222.75 August 31, 2017
Total $24,891.00
7. All invoices are payable by the CITY within thirty(30)days, unless otherwise
negotiated.
8. The COMMISSION shall submit a Financial Report using the format provided by
the COMMISSION for each invoice submitted by the COMMISSION for
payment.
a. Letterhead expressing the balance due
b. Invoice
c. Progress Report: Summary of services provided and progress
East Central Wisconsin Regional Planning Commission-Amended—February 16, 2016 21
through the projected timeline.
9. All invoices for payment shall be submitted to:
Darryn Burich
City of Oshkosh
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903-1130
IV. Miscellaneous Provisions
A. Ownership of Documents
1. All materials, guides, written instructions, plans, documents, correspondence,
forms, computer files, databases, electronic mail messages, work product, or
other information of any type created by the COMMISSION under this
CONTRACT are works created for hire and are the property of the
COMMISSION AND THE CITY unless specifically identified as material or data
that is proprietary in nature. All project documents provided to the CITY by the
COMMISSION or by any third party which pertains to this CONTRACT are
property of the CITY AND THE COMMISSION.
2. Upon demand by the CITY, all project documents (excluding information that
may be proprietary in nature) shall be delivered to the CITY. Project documents
may be used without restriction by the CITY AND THE COMMISSION for any
purpose. Any such use shall be without compensation or liability to the
COMMISSION. The CITY AND THE COMMISSION have all rights to copyright
or otherwise protect the project documents which are the property of the CITY
AND THE COMMISSION.
V. Contingent Fees
1. The COMMISSION warrants that it has not employed or retained any company
or person (other than identified in Appendix A, Scope of Services) other than a
bona fide employee working solely for the COMMISSION, to solicit or secure
this CONTRACT, and that the COMMISSION has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the
COMMISSION, any fee, commission, percentage, brokerage fee, gift or any
other consideration, contingent upon or resulting from the award or making of
this CONTRACT. For breach or violation of this warranty the CITY shall have
the right to terminate this CONTRACT without liability, or in its discretion to
deduct from the agreement price or consideration, otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift or contingent
fee.
VI. Legal Relations
1. The COMMISSION shall become familiar with, and shall at all times observe
22 East Central Wisconsin Regional Planning Commission Amended—February 16, 2016
and comply with all applicable federal, state, and local laws, ordinances, and
regulations.
2. In carrying out the provisions of this CONTRACT, or in exercising any power or
authority granted to the COMMISSION, there shall be no personal liability upon
the authorized representatives of the COMMISSION, it being understood that in
such matters they act as agents and representatives of the agency.
3. The COMMISSION shall be responsible for any and all damages to property or
persons arising out of negligent act, error and/or omission in the
COMMISSION's performance of the services under this CONTRACT.
4. The COMMISSION shall indemnify and hold harmless the CITY and all of their
officers, agendas, and employees on account of any damages to persons or
property resulting from negligence of the COMMISSION or for noncompliance
with any applicable federal, state, or local laws.
VII. Nondiscrimination in Employment
1. In connection with the performance of services under this CONTRACT, the
COMMISSION agrees not to discriminate against any employee or applicant for
employment because of age, race, handicap, sex, physical condition,
development disability as defined in sec. 51.01(5)Wis. Stats., sexual orientation
as defined in sec. 111.32(13m)Wis. Stats., or national origin. This provision
includes, but is not limited to, employment, upgrading, demotion, transfer,
recruitment, recruitment advertising, layoff, termination, rates of pay, other forms
of compensation, selection for training including apprenticeship.
2. Except with respect to sexual orientation, the COMMISSION agrees to take
affirmative action to ensure equal employment opportunities. The
COMMISSION agrees to post in conspicuous places, available for employees
and applicants, notices setting forth the provisions of the nondiscrimination
clause
VIII. Equal Employment Opportunity
1. The COMMISSION will, in all solicitations or advertisements for employees
placed by or on behalf of the COMMISSION, state that all qualified applicants
will receive consideration for employment without regard to race, color, religion,
sex, or national origin.
2. The COMMISSION and CITY assures that no person shall on the grounds of
race, color, national origin, or sex as provided by Title Vl of the Civil Rights Act
of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259) be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity. The COMMISSION and CITY
further assure every effort will be made to ensure non-discrimination in all of its
programs and activities, whether those programs and activities are federally
funded or not.
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI
coverage by expanding the definition of terms "programs or activities" to include
all programs or activities of Federal Aid recipients, sub-recipients, and contracts,
East Central Wisconsin Regional Planning Commission-Amended—Februaty 16, 2016 23
whether such programs and activities are federal assisted or not (Public Law
100259 [S.557] March 22, 1988.).
In the event that COMMISSION distributes federal aid funds to an additional
sub-contractor, the COMMISSION will include Title VI language in all written
agreements and will monitor the additional sub-contractor for compliance. The
COMMISSION has an authorized Title VI Coordinator with the authority and
responsibility for initiating and monitoring Title Vi activities, preparing reports
and other responsibilities as required by 23 Code of Federal Regulations (CFR)
200 and 49 Code of Federal Regulation 21.
3. The COMMISSION will comply with all provisions of Executive Order 11246,
"Equal Opportunity" as amended by Executive Order 11375, and as
supplemented in the Department of Labor regulations (41 CFR Part 60).
4. The COMMISSION will furnish all information and reports required by Executive
Order 11246 and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to its books, records, and accounts by
the COMMISSION for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
5. The COMMISSION will include the provisions of this section, "Equal
Employment Opportunity" in every subcontract.
IX. Errors and Omissions
1. The COMMISSION shall be responsible for the accuracy of the services
performed under this CONTRACT, and shall promptly make necessary revisions
or corrections to its services resulting from its negligent acts, its errors or its
omissions without additional compensation. The COMMISSION shall give
immediate attention to these revisions or corrections to prevent or minimize
delay to the PROJECT. The COMMISSION shall be responsible to the CITY for
any losses to or costs to repair or remedy as a result of the COMMISSION's
negligent acts, errors, or omissions.
2. COMMISSION warrants that the services to be provided under this CONTRACT
will be executed in a workmanlike manner, consistent with professional
standards of comparable work in this field.
X. Conflict of Interest
1. The COMMISSION warrants that neither it nor any of its affiliates has any
financial or personal interest that would conflict in any manner with the
performance of the Services under this CONTRACT, and that neither it nor any
of its affiliates will acquire directly or indirectly any such interest.
2. The COMMISSION warrants that it will not employ for any services included
under the provisions of this CONTRACT any person who is employed by the
CITY at the time of execution or during the life of this contract without prior
written approval from the CITY.
3. The COMMISSION warrants that it will immediately notify the CITY if an actual
or potential conflict of interest arises or becomes known to the COMMISSION.
Upon receipt of such notification, the CITY will review and written approval is
24 East Centrad Wisconsin Regional Planning Commission—Amended—Febrawy 16, 2016
required for the COMMISSION to continue to perform work under this
CONTRACT.
XI. Certification Regarding Debarment
1. The COMMISSION certifies (by entering into this CONTRACT)that it and its
principals (1) are not debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any f=ederal
department or agency; (2) have not been convicted of or had a civil judgment
rendered against them within the previous three years; (3) are not indicted or
otherwise criminally or civilly charged by a government entity; and (4) have not
had one or more public transactions terminated for cause or default within the
previous three years.
2. The COMMISSION agrees that it will not knowingly enter into any transaction
with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this transaction unless authorized by the CITY.
XII. Insurance Requirements
1. The COMMISSION shall procure and maintain for the life of the CONTRACT the
following types and amounts of insurance from an insurance company(ies)
authorized to do business in the State of Wisconsin.
• Comprehensive General Liability- $1,000,000 combined single limits
per occurrence.
• Auto Liability-$300,000 combined single limits per occurrence.
• Worker's Compensation —coverage satisfying statutory provisions of
Chapter 102, Wis. Stats.; not less than $100,000 employer's liability.
XIII. Certification Regarding Lobbying
1. The COMMISSION certifies (by entering into this CONTRACT)that no federal
appropriated funds have been paid or will be paid, by or on behalf of the
COMMISSION, to any person for influencing or attempting to influence an
officer or employee of any agency, Member of Congress, officer or employee of
Congress, or employee of a Member of Congress in connection with the
awarding of any f=ederal contract, the making of any f=ederal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative
agreement.
XIV, Disadvantaged Business Utilization
1. The COMMISSION agrees to ensure that Disadvantaged Business as defined in
49 CFR Part 26 have the maximum opportunity to participate in the performance
East Central Wisconsin Regional Planning Commission-Amended—February 16,2016 25
of any subcontracts finances in whole or in part with federal funds provided
under this agreement. In this regard, COMMISSION shall take all necessary and
reasonable steps in accordance with 49 CFR Part 26 to ensure that
Disadvantaged Businesses have the maximum opportunity to compete for and
perform subcontracts. The COMMISSION shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance of contracts.
Failure to carry out the requirements of this provision constitutes a breach of
contract and may result in termination of the CONTRACT by the CITY or other
such remedy as the CITY deems appropriate.
2. The COMMISSION shall identify by name, the disadvantaged business whose
utilization is intended to satisfy this provision, the items of services involved, and
the dollar amounts of such items of service.
3. The COMMISSION shall maintain records and document its performance under
this item.
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East Central Wisconsin Regional Planning Commission-Amended—February 16,2016 27