1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the _____ day of _________________, 202__, by and between the City of Pleasant Hill ("City") and First Carbon Solutions, ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
AGREEMENT
The Recitals listed above are hereby incorporated into and shall constitute a part of this Agreement.
1. Scope of Services. The Consultant shall furnish the following services in a professional manner:
“Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time."
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than December 2028.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $58,900 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.
5. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of 2 implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. 6 Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
7. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant will not:
a. make a governmental decision whether to:
1. approve a rate, rule, or regulation;
2. adopt or enforce a law;
3. issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
5. grant City approval to a contract that requires agency approval and to which the City is a party, or to the specifications for such a contract;
6. grant City approval to a plan, design, report, study, or similar item;
7. adopt, or grant City approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
b. serve in a staff capacity with the City and in that capacity participate in making a governmental decision as defined in 2 California Code of Regulations (“C.C.R”) § 18704(a) and (b) or perform the same or substantially all the same duties for the City that 3 would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under 2 C.C.R. § 87302. (2 C.C.R. § 18700.3.)
8. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
9. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses in connection therein), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
10. Insurance Requirements.
a. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. To the extent that any portion of the following requirements are satisfied through excess or umbrella coverage, such coverage shall be maintained on the same terms as are required for the primary policies under this Agreement.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of 4 the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than two million dollars ($2,000,000) combined single limit for each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations be by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than two million dollars ($2,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis. b. Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City of Pleasant Hill, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Consultant.
iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
v. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant 5 shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance and Endorsements. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
f. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
11. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
12. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Pleasant Hill business license.
13. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Contra Costa, Martinez, California.
14. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth herein below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523-3323
If to Consultant: First Carbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
6 15. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.
16. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
17. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
18. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
19. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
20. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least 7 one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
21. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement shall be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
22. Termination. This Agreement may be terminated immediately for cause or by either party without cause upon fifteen days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF PLEASANT HILL: CONSULTANT:
__________________________ By:
Ethan Bindernagel, City Manager
Title:
Business License #
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Janet E. Coleson, City Attorney Juanita Davalos, Acting City Clerk Attachments: Exhibit A – Scope of Services and Schedule of Charges
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Cover Letter
COVER LETTER
April 19, 2023
Troy Fujimoto, City Planner
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Subject: Scope of Work to Perform Environmental Compliance Monitoring for the Approved Library Project (Part of the Oak Park Properties Specific Plan) in Pleasant Hill, California
Dear Mr. Fujimoto:
FirstCarbon Solutions (FCS) is pleased to submit this Scope of Work, schedule, and fee to prepare mitigation compliance assistance and documentation for the Library Project, which is part of the approved Civic Project within the Oak Park Properties Specific Plan.
FCS is proposing to prepare documentation demonstrating compliance with Mitigation Measure (MM) GHG‐1 from the project Mitigation Monitoring and Reporting Program (MMRP). In addition, and at the request of the City of Pleasant Hill, FCS proposes to implement monitoring services for the previously approved Habitat Mitigation and Monitoring and Reporting Plan (HMMRP).
FCS welcomes the opportunity to continue our successful relationship with the City of Pleasant Hill and to provide environmental compliance assistance for the proposed project.
FCS is committed to responding to project needs in a timely and cost‐effective manner.
Should you have any questions regarding this proposal, please contact Philip Ault at 559.930.6191 or at pault@fcs‐intl.com or reach out to Senior Air Quality Scientist, Kimber Johnson, at 559.392.3665 or kjohnson@fcs‐intl.com.
Sincerely,
Philip Ault, Director of Noise & Air Quality
FirstCarbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
EXHIBIT A
1 Proposal
PROJECT UNDERSTANDING
The City of Pleasant Hill Oak Park Properties Specific Plan is a comprehensive planning document that establishes specific guiding principles for redevelopment of 16.60 acres of land across various properties within the Specific Plan area. The Specific Plan contemplated two development projects (the Civic Project and the Residential Project) within the plan area’s boundaries. The Library project is a portion of the Civic Project located along and east of Monticello Avenue within the Specific Plan area. The City of Pleasant Hill approved the Specific Plan’s Environmental Impact Report (EIR) and corresponding MMRP.
The Civic Project is required to adhere to and implement the Conditions of Approval and mitigation measures listed in the MMRP. Prior to issuance of certificate of occupancy permit, the Civic Project is required to demonstrate compliance with MM GHG‐1. This Scope of Work details FCS’s proposed compliance and monitoring services pursuant to the following mitigation measure:
MM GHG‐1: Implement and Document Annual GHG Emissions
Reduction Measures
Civic Project: Prior to the issuance of the certificate of occupancy, the contractor for the Civic Project shall provide documentation to the City of Pleasant Hill that the Civic Project would achieve additional annual GHG emission reductions of 56 MT CO2e per year in 2021 and decreasing to 25 MT CO2e per year in 2030, based on current estimates of GHG emissions, through any combination of the following measures or other measures approved by the City:
• Commit to purchasing electricity from a utility offering 100 percent renewable power for some or all of the power needs for the Civic Project.
• Install on‐site solar panels to generate electricity for a portion of electricity consumption for the Civic Project.
• Install on‐site charging units for electric vehicles consistent with parking requirements in California Green Building Standards Code (CALGreen) Section 5.106.5.2 • Provide a plan documenting how a ridesharing program for library employees would be implemented starting no later than 60 days after operations of the Civic Project begins. • Purchase voluntary carbon credits from a verified GHG emissions credit broker in an amount sufficient to offset operational GHG emissions of approximately 56 MT CO2e per year over the lifetime of the Civic Project (or a reduced amount estimated based on implementation of other measures listed above). Copies of the contract(s) shall be provided to the City Planning Department.
FCS has obtained a California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement pursuant California Fish and Game Code Section 1602 et seq., a Nationwide Permit Pre‐Construction Notification pursuant to Section 404 of the Clean Water Act, and a Water Quality Certification pursuant to Section 401 of the Clean Water Act. These permits from CDFW, the Regional Water Quality Control Board (RWQCB), and the US Army Corps of Engineers (USACE) contain permit conditions to protect resources within the project site and surrounding project area. Tasks 2‐4 outline measures FCS proposes to implement in support of project related impacts to Grayson Creek and it’s riparian corridor. 2 Proposal
SCOPE OF WORK
The following tasks are proposed to provide documentation of compliance with MM GHG‐1.
Task 1: Documentation of Compliance with MM GHG‐1
In accordance with the requirements of MM GHG‐1. As part of this process, FCS will provide documentation demonstrating that the Library will achieve GHG emission reductions in the amount necessary to fulfill the requirements of MM GHG‐1. The Civic Project is required to achieve GHG emission reductions compared to the emission estimates presented in the EIR prepared for the Oak Park Properties Specific Plan. FCS will work with the City or their representatives to identify any on‐site features that may be documented and quantified to reduce the project’s GHG emissions. Based on preliminary information obtained from the City or their representatives, it is expected that on‐site features that have been added to the Library since the EIR was prepared will meet the emission requirements outlined in in MM GHG‐1. Emission reductions will be quantified using appropriate methods and emission models accepted by the Bay Area Air Quality Management District (BAAQMD) and the City of Pleasant Hill.
If on‐site features are not sufficient to fulfill the GHG reduction requirements outlined in MM GHG‐1, FCS will propose options to meet the remaining GHG reduction requirements, which may involve the purchase of carbon credits to offset the balance of GHG emissions. If this is required, FCS will prepare documentation demonstrating that the City or their representatives has purchased carbon credits from accredited regional registries in an amount necessary. FCS will work with the City or their representatives to ensure that the carbon credits used to fulfill the requirements of MM GHG‐1 are created through accredited carbon registries. Accredited registries require carbon credits to be real, additional, permanent, verifiable, and enforceable. This task will require the consultant and the City to maintain close communication. Once credits are purchased, FCS will prepare documentation demonstrating that the City or their representatives has purchased carbon credits to fulfill the requires of MM GHG‐1. The documentation will outline the areas that were investigated during selection of carbon credits for the purposes of meeting the requirements of MM GHG‐1.
The analysis will be summarized in a standalone letter memorandum, with supporting documentation appended to the memorandum.
Task 1A: Project Management
In addition to the compliance task described above, FCS will perform a variety of project management duties to ensure that the aforementioned services meet the City’s standards of quality, and that it is delivered on time and within budget. These duties will include team supervision and coordination, oral and written communications with the City, project accounting, and quality assurance review by FCS’s Project Director and Technical Editor of all deliverable products. This task assumes 7 hours of staff time. 3 Proposal
The following tasks (2‐4) are proposed to support regulatory compliance for the Oak Park Properties Specific Plan. The following tasks do not include a comprehensive list of performance measures outlined in the regulatory permits, but reflect the specific measures outlined in the HMMRP based on a phone call with City of Pleasant Hill engineer, Ananthan Kanagasundaram on April 11, 2023. If additional services are needed, FCS can provide those services following a budget augment.
Task 2: Annual Mitigation Monitoring and Reporting‐ Water Quality Certification Pursuant to measures 19 and 20 of the RWQCB’s Water Quality Certification, FCS shall provide 5 years of monitoring services for Grayson Creek and it’s riparian corridor. Monitoring will occur on an annual basis for a minimum of five years to verify the Creek is successfully restored as described in the HMMRP.
FCS will submit five annual monitoring reports, acceptable to the Executive Officer, by January 31 following each monitoring year. The first monitoring year commences in the calendar year after outfall construction, including planting, is complete. Annual Monitoring Reports shall include photographs from photo‐documentation points. Each annual report shall summarize the previous monitoring results in addition to the current year’s monitoring results, including the need for, and implementation of, any remedial actions or adaptive management, and removal and management of target invasive plants. The annual reports shall compare data to previous monitoring years and describe the effects of the Project and environmental drivers (e.g. storms, weather/climate events) on site conditions. If monitoring indicates that beneficial uses have been adversely affected or have the potential to be adversely affected, FCS shall, in consultation with the appropriate agencies, identify remedial measures to be undertaken, including compensatory mitigation and extension of the monitoring and reporting period until the criteria are met.
Task 3: Annual Mitigation Monitoring and Reporting‐ Lake and Streambed Alteration Agreement
Pursuant to measure 3.1 of CDFW’s Lake and Streambed Alteration, FCS shall provide 5 years of monitoring services for Grayson Creek and it’s riparian corridor. Monitoring will occur on an annual basis for a minimum of five years to verify the Creek is successfully restored as described in the HMMRP.
FCS shall submit five years of annual monitoring reports to CDFW. FCS shall electronically submit the annual reports to CDFW that includes the following items: Agreement Number; a summarized description of monitoring efforts and whether compliance for mitigation has been met; and photo documentation of site conditions.
Task 4: Regulatory Project Management
In addition to the compliance tasks 2 and 3 described above, FCS will perform a variety of project management duties to ensure that the aforementioned services meet the City’s standards of quality, and that it is delivered on time and within budget. These duties will include coordination with the City and the project’s landscape architect to ensure that the proposed HMMRP is implemented successfully. 4 Proposal
Based on the April 11, 2023, phone call with Mr. Kanagasundaram Tasks 2‐4, will be provided on a time and materials basis following the County’s authorization and a not‐to‐exceed budget outlined in the table below.
PROPOSED SCHEDULE
FCS will coordinate required and monitoring services to keep the project in compliance and on schedule.
Task Week
Task 1: Carbon Offset Documentation Week 41
Task 1A: Project Management Ongoing
Task 2: Annual Mitigation Monitoring and Reporting‐ Water Quality Certification 5 years after project construction
Task 3: Annual Mitigation Monitoring and Reporting‐ Lake and Streambed Alteration Agreement
5 years after project
construction
Task 4: Regulatory Project Management Ongoing
Note: 1 Assumes initial project kick‐off and receipt of requested information from City or their representatives by Week 1; the compliance memorandum will be completed approximately 3 weeks from receipt of all necessary project data.
BUDGET
Task Fees
Task 1: Carbon Offset Documentation $3,500
Task 1A: Project Management $1,400
Task 2: Annual Mitigation Monitoring and Reporting‐ Water Quality Certification (Time and Materials)
NTE $25,000
Task 3: Annual Mitigation Monitoring and Reporting‐ Lake and Streambed Alteration Agreement (Time and Materials)
NTE $25,000
Task 4: Regulatory Project Management (Time and Materials) NTE $4,000 Total FCS Professional Fee (Fixed) $4,900
Total FCS Professional Fee (Time and Materials) NTE $54,000 Additional Assumptions
The assumptions used in calculating the above fees are:
5 Proposal
The table above assumes that no direct costs would be accrued. This scope of work assumes that all deliverables will be submitted electronically. Printing costs are based on the method of printing and binding proposed, numbers of copies proposed as work products, and estimated page lengths. Upon request, FCS will specifically identify a detailed reproduction work plan with specific costs.
There will be no significant revisions to the project understanding outlined above. If there is a significant change in the project understanding by the City, a budget and schedule adjustment may be required to account for the project revisions.
The fee is valid for up to 30 days from the date of this scope, after which it may be subject to revision.
This price is based on completion of the work within the proposed schedule. If delays occur, an update to the schedule and amendment of the budget would be warranted to accommodate additional project management and other costs and to reflect the adjustments. Costs have been allocated to tasks based upon FCS’s proposed approach. During the work, FCS may, on its sole authority, re‐allocate costs among tasks and/or direct costs, as circumstances warrant, so long as the adjustments maintain the total price within its authorized amount. This scope of work assumes that the project will achieve the performance measures outlined in the HMMRP. If additional monitoring is required beyond the five years proposed in this scope of work FCS can provide a budget augment at a later date.
Invoice Billing
Invoices will be submitted monthly and will identify project progress on a percent complete basis.