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HomeMy WebLinkAbout2016-05-02-Resolutions 16-162_School and Recreation Complex - Environmental Services - Engineering AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 16-162 APPROVING AGREEMKNT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN THK CITY OF WAUKKE AND FOTH INFRASTRUCTURE AND ENVIRONMENT,LLC [SCHOOL AND RECREATION COMPLEX ENVIRONMENTAL SERVICES] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,the City is in the process of acquiring property for a shared campus for the Waukee Community School District and a recreational complex;AND, WHEREAS,City staff recommends retaining the services of Foth Infrastructure and Environment, LLC,for wetland and WUS delineation,threatened and endangered species habitat assessment,and a phase I environmental site assessment;AND, WHEREAS,the engineering services agreement has been reviewed and approved by the Waukee City Attorney. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services between the City of Waukee and Foth Infrastructure and Environment,LLC [School and Recreation Complex],attached hereto as Exhibit A,is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved the 2"day of May,2016. William .ear,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X X X NAY ABSENT ABSTAIN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES City of Waukee School Campus Environmental Services North of Highway 6 between Warrior Lane and U Avenue This Agreement is made and entered into this day of April,2016,by and between City of Waukee,a municipal corporation,hereinafter referred to as "City,"and FOTH INFRASTRUCTURE AND ENVIRONMENT LLC.,(Fed.ID ff20-5814224),a professional corporation incorporated and licensed under the laws of the State of lowe,party of the second part,hereinafter referred to as "Consultant"as follows: THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THE PROJECT AS DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATION FOR THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT. 1.SCOPE OF SERVICES Services provided under this Agreement shall be as further described in Attachment 1,Scope of Services. 2.SCHEDULE The schedule of the professional services to be performed shall conform to the Schedule set forth in Attachment 2.Any deviations from the Schedule shall be approved by the authorized City representative.The City agrees that the Consultant is not responsible for delays arising from a change in the scope of services,a change in the scale of the Project or delays resulting from causes not directly or indirectly related to the actions of the Consultant. 3.COMPENSATION A.In consideration of the professional services provided herein,the City agrees to pay the Consultant the following sum NOT-TO-EXCEED,including any authorized reimbursable expenses,pursuant to the Schedule of Fees set forth in Attachment 3. Basic Services of the Consultant a.Wetland and WUS Delineation b.TKE Species Habitat Assessment c,Phase I Cultural Resource Survey Total Construction Period Services $11,500.00 $4,500.00 $9 700.00 $25,700.00 Task Not Used B.The Consultant shall invoice the City monthly for services,any reimbursable expenses and any approved amendments to this Agreement,based upon services actually completed at the time of the invoice.Final payment shall be due and payable within 30 days of the City's acceptance of Consultant's submission of final deliverables in accordance with the Scope of Services. C.In consideration of the compensation paid to the Consultant,the Consultant agrees to perform all professional services to the satisfaction of the City by performing the professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of Consultant's profession currently practicing under similar circumstances.If the performance of this Agreement involves the services of others or the furnishing of equipment,supplies,or materials, the Consultant agrees to pay for the same in full. Waukee Standard Agreement Form 5/2015 Foth Infrastructure and Environment,LLC Foth Project No. City of Waukee School Campus Environmental Services North of Highway 6 between Warrior Lane and U Avenue Waukee,lowe 5 INSURANCE A.Consultant understands and agrees that Consultant shall have no right of coverage under any and all existing or future City comprehensive,self or personal injury policies.Consultant shall provide insurance coverage for and on behalf of Consultant that will sufficiently protect Consultant or Consultant'representative(s)in connection wiih the professional services which are to be provided by Consultant pursuant to this Agreement,including protection from claims for bodily injury,death, and property damage.Consultant shall provide worker's compensation insurance coverage for Consultant and all Consultant's personnel.Consultant shall file applicable insurance certificates with the City,and shall also provide evidence of the following additional coverage. B.The Consultant shall provide evidence of comprehensive general liability coverage and contractual liability insurance by an insurance company licensed to do business in the State of Iowa in the limits of at least $1,000,000 each personal injury accident and/or death;$1,000.000 general aggregate personal injury and/or death,and $1,000,000 for each property damage accident.The evidence shall designate the City as an additional insured,and that it cannot be canceled or materially altered without giving the City at least thirty (30)days written notice by registered mail,return receipt requested. C.The Consultant shall also provide evidence of automobile liability coverage in the limits of at least $1,000,000 bodily injury and property damage combined.The evidence shall designate the City as an additional insured,and that it cannot be cancelled or materially altered without giving the City at least thirty {30)days written notice by registered mail,return receipt requested. D.The Consultant shall provide evidence of professional liability insurance,by an insurance company licensed to do business in the State of lowe,in the limit of $1,000,000 for claims arising out of the professional liability of the Consultant.Consultant shall provide City written notice within thirty (30) days by registered mail,return receipt requested of the cancellation or material alteration of the professional liabiliiy policy. E.Failure of Consultant to maintain any of the insurance coverages set forth above shall constitute a material breach of this Agreement. 5.NOTICE Any notice to the parties required under this agreement shall be in writing,delivered to the person designated below,by United States mail or in hand delivery,at the indicated address unless otherwise designated in writing, FOR THE CITY;FOR THE CONSULTANT: N:O~il IW k Attn:John Gibson Title:Director of Public Works Address:230 W.Hickman Road Cky,a I:yl k IA 56263 Name:Foth Infrastructure and Environment LLC AII:PIIIP.K I PE Title:Client Director Address:8191 Birchwood Court Suite L City,State:Johnston lowe 50131 5.GENERAL COMPLIANCE In the conduct of the professional services contemplated hereunder,the Consultant shall comply with applicable state,federal,and local law,rules,and regulations,technical standards,or specifications issued by the City.Consultant must qualify for and obtain any required licenses prior to commencement of work,including any professional licenses necessary to perform work within the State of Iowa. Fath Infrastructure and Environment,LLC Foth Project No. City of Waukee School Campus Environmental Services North of Highway 6 between INarrior Lane and U Avenue Waukee,lowe STANDARD OF CARE Services provided by the Consultant under this Agreement shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. INDEPENDENT CONTRACTOR Consultant understands and agrees that the Consultant and Consultant's employees and representatives are not City employees.Consultant shall be solely responsible for payment of salaries, wages,payroll taxes,unemployment benefits,or any other form of compensation or benefit to Consultant or Consultant's employees,representatives or other personnel performing the professional services specified herein,whether it be of a direct or indirect nature.Further,it is expressly understood and agreed that for such purposes neither Consultant nor Consultant's employees,representatives or other personnel shall be entitled to any City payroll,insurance,unemployment,worker's compensation, retirement,or any other benefits whatsoever. NON-DISCRIMINATION Consultant will not discriminate against any employee of applicant for employment because of race, color,sex,national origin,religion,age,handicap,or veteran status.Consultant will,where appropriate or required,take affirmative action to ensure that applicants are employed,and that employees are treated,during employment,without regard to their race,color,sex,or national origin,religion,age, handicap,or veteran status.Consultant will cooperate with the City in using Consultant's best efforts to ensure that Disadvantaged Business Enterprises are afforded the maximum opportunity to compete for subcontracts of work under this Agreement. 10.HOLD HARMLESS Consultant agrees to indemnify and hold harmless the City,its officers,agents,and employees from any and all claims,settlements and judgments,to include all reasonable investigative fees,attorney's fees,and court costs for any damage or loss which is due to or arises from a breach of this Agreement, or from negligent acts,errors or omissions in the performance of professional services under this Agreement and those of its sub consultants or anyone for whom Consultant is legally liable. 11.ASSIGNMENT Consultant shall not assign or otherwise transfer this Agreement or any right or obligations therein without first receiving prior written consent of the City. 12.APPROPRIATION OF FUNDS The funds appropriated tor this Agreement are equal to or exceed the compensation to be paid to Consultant.The City's continuing obligations under this Agreement may be subject to appropriation of funding by the City Council.In the event that sufficient funding is not appropriated in whole or in part for continued performance of the City's obligations under this Agreement,or if appropriated funding is not expended due to City spending limitations,the City may terminate this Agreement without further compensation to the Consultant.To the greatest extent allowed by law,the City shall compensate Consultant as provided in Section 18(A)of this Agreement. Foth infrastructure and Environment,LLC Foth Project No, City of Waukee School Campus Enviromnental Services North of Highway 6 between Warrior Lane and U Avenue Waukee,lowe 13.AUTHORIZED AMENDMENTS TO AGREEMENT A.The Consultant and the City acknowledge and agree that no amendment to this Agreement or other form,order or directive may be issued by the City which requires additional compensable work to be performed if such work causes the aggregate amount payabie under the amendment.order or directive to exceed the amount appropriated for this Agreement as listed in Section 3,above,unless the Consultant has been given a written assurance by the City that lawful appropriation to cover the costs of the additional work has been made. B.The Consultant and the City further acknowledge and agree thai no amendment to this Agreement or other form,order or directive which requires additional compensable work to be performed under this Agreement shall be issued by the City unless funds are available to pay such additional costs, and the Consultant shall not be entitled to any additional compensation for any additional compensable work performed under this Agreement.The Consultant expressly waives any right to additional compensation,whether in law or equity,unless prior to commencing the additional work the Consultant was given a written amendment,order or directive describing the additional compensable work to be performed and setting forth the amount of compensation to be paid,such amendment,order or directive to be signed by the authorized City representative.It is the Consultant's sole responsibility to know,determine,and ascertain the authority of the City representative signing any amendment,directive or order. 14.OWNERSHIP OF CONSULTING DOCUMENTS All sketches,tracings,plans,specifications,reports,and other data prepared under this Agreement shall become the property of the City;a reproducible set shall be delivered to the City at no additional cost to the City upon completion of the plans or termination of the services of the Consultant.All drawings and data shall be transmitted in a durable material,with electronic files provided when feasible to do so.The Consultant's liability for use of the sketches,tracings,plans,specifications,reports,and other data prepared under this Agreement shall be limited to the Project. 15.INTERPRETATION No amendment or modification of this Agreement shall be valid unless expressed in writing and executed by the parties hereto in the same manner as the execution of the Agreement.This is a completely integrated Agreement and contains the entire agreement of the parties;any prior written or oral agreements shall be of no force or effect and shall not be binding upon either party.The laws of the State of Iowa shall govern and any judicial action under the terms of this Agreement shall be exclusively within the jurisdiction of the district court for Dallas County,Iowa. 16.COMPLIANCE WITH FEDERAL I AW To the extent any federal appropriation has or will be provided for the Project.or any federal requirement is imposed on the Project,Consultant agrees that Consultant will comply with all relevant laws,rules and regulations imposed on City andlor Consultant necessary for receipt of the federal appropriation.Consultant shall provide appropriate certification regarding Consultant's compliance. 1 L SOLICITATION AND PERFORMANCE A.The Consultant warrants that it has not employed or retained any company or person,other than a bona fide employee working for the Consultant,to solicit or secure this Agreement,and that the Consultant has not paid or agreed to pay any company or person other than a bona fide employee, any fee,commission,percentage.brokerage fee,gift or contingent fee. B.The Consultant shall not engage the services of any person or persons in the employ of the City at the time of commencing such services without the written consent of the City. Foth infrastructure and Environment,LLC Foth Protect No. City of Waukee School Campus Environmental Services North of Highway 6 between Warrior Lane and u Avenue Waukee iowa 18,SUSPENSION AND TERMINATION OF AGREEMENT A.The right is reserved by the City to suspend this Agreement at any time.Such suspension may be effected by the City giving written notice to the Consultant.and shall be effective as of the date established in the suspension notice,Payment for Consultant's services shall be made by the City for services performed to the date established in the suspension notice.Should the City reinstate the work after notice of suspension,such reinstatement may be accomplished by thirty (30)days written notice within a period of six (6)months after such suspension,unless this period is extended by written consent of the Consultant B.Upon ten (10)days written notice to the Consultant,the City may terminate the Agreement at any time if it is found that reasons beyond the control of either the City or Consultant make it impossible or against the City's interest to complete the Agreement.In such case,the Consultant shall have no claims against the City except for the value of the work performed up to the date the Agreement is terminated. C.The City may also terminate this Agreement at any time if it is found that the Consultant has violated any material term or condition of this Agreement or that Consultant has failed to maintain workers' compensation insurance or other insurance provided for in this Agreement.In the event of such default by the Consultant,the City may give ten (10)days written notice to the Consultant of the City's intent to terminate the Agreement.Consultant shall have ten (10)days from notification to remedy the conditions constituting the default. D.In the event that this Agreement is terminated in accordance with paragraph C of this section,the City may take possession of any work and may complete any work by whatever means the City may select.The cost of completing said work shall be deducted from the balance which would have been due to the Consultant had the Agreement not been terminated and work completed in accordance with contract documents. E.The Consultant may terminate this Agreement if it is found that the City has violated any material term or condition of this Agreement.In the event of such default by the City,the Consultant shall give ten (10)days written notice to the City of the Consultant's intent to terminate the Agreement. City shall have ten (10)days from notification to remedy the conditions constituting the default. 19 TAXES The Consultant shall pay all sales and use taxes required to be paid to the State of lowe on the work covered by this Agreement.The Consultant shall execute and deliver and shall cause any sub- consultant or subcontractor to execute and deliver to the City certificates as required to permit the City to make application for refunds of said sales and use taxes as applicable.The City is a municipal corporation and not subject to state and local tax,use tax,or federal excise taxes. 20.SEVERABILITY If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 21.MISCELLANEOUS HEADINGS Title to articles,paragraphs,and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. Foth infrastructure and Environment,LLC Foth Protect No. City of Waukee School Campus Environmental Services North of Highway 6 between Warrior Lane and u Avenue Waukee,iowa 22.FURTHER ASSURANCES Each party hereby agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. 23.COUNTERPARTS This Agreement may be executed in any number of counterparts,each of which shall constitute an original document,no other counterpart needing to be produced,and ail of which when taken together shall constitute the same instrument. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly authonzed officers or agents on the day and year first above written. CONSULTANT: Foth Infrastructure and Environment,LLC CITY OF WAUKEE By: Name:Patrick P.Kueter PE Title:Client Director By: Will m F.card,ayor W ITNESS: Name Dou las J.Ernst P.E. Title Pro'ect Director ATTEST: ,p~~ Name 8 sf'C k Title X:IDMIIEIProposatIMiscettaneousIMoritz Evat2015I2015-07 Waukee Schoolhagri2016-04-School Campus.docx Fath Intrastructure and Environment,LLC Foth Project No. City of Waukee School Campus Environmental Services North of Highway S between Warrior Lane and U Avenue Waukee,lowe ATTACHMENT 1 SCOPE OF SERVICES The work to be performed by the Consultant under this agreement shall encompass and include detailed work,services,materials,equipment and supplies necessary to complete analysis and design for the project. The project consists of performing select environmental clearances for approximately 220 acres located north of Highway 6 and east of U Avenue.The project area include an approximate 170 acre development site,the alignment of U Avenue,and future extension of 4m Street and 6'»Street to the development area.Services performed by the Consultant under this initial Scope of Services include wetland and Waters of the United States (WUS)delineation,Threatened and Endangered (T8 E)species habitat evaluation,and Phase I Cultural Resource Survey. The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following tasks: I.BASIC SERVICES OF THE CONSULTANT The Consultant shall consult on a regular basis with the City to clarify and define the City's requirements for the Project and review available data,The City agrees to furnish to the Consultant full information with respect to the City's requirements,including any special or extraordinary considerations for the Project or special services needed,and also to make available pertinent existing data.The Consultant shall provide the following basic services in regard to the Project: A.Wetland and WUS Delineation The scope of this proposal includes performing a wetland and WUS delineation for the project area. The delineation will use mandatory technical criteria,field indicators,and other sources of information to assess whether the project area has jurisdictional wetlands or WUS.The classification will be performed by an experienced biologist,environmental scientist,or engineer. If wetlands are present,the upper boundaries within the project area will be identified.WUS will also be identified and mapped during the delineation. The methods the Consultant will use in the delineation generally follow the Regional Supplement to the Corps of Engineers Wetland Delineation Manual:Midwest Region (2010)and the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1987).Jurisdictional wetlands generally have three essential characteristics:hydrophilic vegetation,hydric soils,and wetland hydrology. Our proposed Scope of Work includes the following: ~Assemble application information (i.e.,aerial maps,soil classifications,site hydrology, vegetation type,etc.). ~Perform on-site visit to gather data pertaining to the hydrophytic vegetation community, surface hydrology,and hydric soil characteristics.The following items will be performed at discrete data point locations within suspect wetland areas on-site. o Assess each stratum of vegetation (i.e.,trees,saplings/shrubs,herbs,and woody vines).Vegetation will be classified by Genus species and dominance will be assessed. o Classify soil types and evaluate hydric soil indicators using shallow soil probes. o Observe site characteristics for wetland hydrology indicators. ~Utilize a hand-held GPS unit (sub-meter accuracy)to map the location and boundaries of delineated wetlands and WUS.If heavy tree cover is present,a non-GPS survey may be needed to identify wetland boundaries,Fees for standard surveying have not been included in this proposal. Foth infrastructure and Environment,LLC Fath Protect No. City of Waukee School Campus Environmental Services North of Highway 6 between Warrior Lane and u Avenue Waukee,iowa ~Prepare maps showing the delineated wetland and WUS area(s). ~Prepare a Wetland and Waters of the U.S.Delineation Report containing the applicable data,wetland jurisdictional rationale,and proposed project information. The scope of this proposal includes one site visit to conduct a baseline delineation.The delineation fee is based upon the contingency that the wetland area(s)to be delineated at the site generally consist of a few contiguous units.If multiple non-contiguous wetland areas are observed at the site,the Consultant will contact the City prior to initiating the wetland delineation,explain the conditions,and negotiate additional fees (if necessary)beyond those proposed herein. For classification,the wetland delineation should be performed when vegetation is actively growing (generally May-October). B.T&E Species Habitat Assessment The Consultant reviewed the U.S.Fish and Wildlife Service (FWS)Endangered Species List to evaluate potential T&E species in the project area.The list for Dallas County included the following species: ~Topeka Shiner (/t/otrop/s topeka) ~Prairie bush-clover (Lespedeza /eptos/achya) ~Western Prairie Fringed Orchid (P/a/an/hera praec/ara) ~Northern long-eared Bat (Myot/s septentr/ona//s) Please note that the Indiana bat (Myo/is soda//s),a Federally-listed endangered species is known to exist in Dallas County;however,the species was not included on the FWS Environmental Conservation Online System species list.This assessment will include an evaluation of the Indiana bat habitat. The Consultant will perform a field review of the project area to evaluate whether suitable habitat for the listed T&E species is present.The habitat assessment will be completed during the same mobilization as the wetland delineation. The Consultant will evaluate whether the trees within the project area may be suitable habitat for the northern long-eared bat based on the FWS 2015 Range-Wide Indiana Bat Summer Survey Guidelines (April 2015).The Consultant will perform an Initial Project Screening,as described in the guidance.Suitable summer habitat for northern long-eared bat consists of a wide variety of forested/wooded habitats where they roost,forage,and travel and may also include some adjacent and interspersed non-forested habitats such as emergent wetlands and adjacent edges of agricultural fields,old fields and pastures.This includes forests and woodlots containing potential roosts (i.e.,live trees and/or snags &3 inches diameter breast height (dbh)that have exfoliating bark,cracks,crevices,and/or cavities),as well as linear features such as fencerows, riparian forests,and other wooded corridors.These wooded areas may be dense or loose aggregates of trees with variable amounts of canopy closure.Individual trees may be considered suitable habitat when they exhibit characteristics of suitable roost trees and are within 1000 feet of other forested/wooded habitat.Northern long-eared bats have also been observed roosting in human-made structures,such as buildings,barns,bridges,and bat houses;therefore,these structures should also be considered potential summer habitat.Northern long-eared bats typically occupy their summer habitat from mid-May through mid-August each year and the species may arrive or leave some time before or after this period. The Consultant will contact the IDNR to request a review regarding potential impacts to T&E species in the project area.The results of the T&E Habitat Evaluation and agency consultation will be documented in a letter report that could be submitted to the FWS,IDNR,USACE or other agencies. Fath Infrastructure and Environment,LLC Foth Project No. City of Waukee School Campus Environmental Services North of Highway 6 between Warrior Lane and U Avenue Waukee,lowe If suitable habitat is observed for any of the identified T&E species,additional studies,such as mist netting,acoustic surveys,emergence surveys,or botanical surveys,may be needed. C.Phase I Cultural Resource Survey The Consultant will retain a subcontractor to perform a limited/cursory archeological survey for review by the State Historical Preservation Office (SHPO)during the permitting process.The Phase I investigation will consist of the 220 acre project area.Fees assume that the Phase I Cultural Resource Survey will be performed prior to the crops being planted. ADDITIONAL SERVICES NOT INCLUDED IN THIS CONTRACT Additional Services not included as part of this Scope.If authorized,under a supplemental agreement,the Consultant shall furnish or obtain from others the following services: 1.)Wetland or WUS Permitting or Mitigation 2.)Alternatives Analysis 3.)Studies to evaluate the presence or absence of TS E species within the project area,including mist net studies,acoustic surveys,emergence surveys,botanical studies,and fish surveys. Foth Infrastructure and Environment,LLC Foth Project No. City of Waukee School Campus Environmental Services North of Highway 6 between Warrior Lane and U Avenue Waukee,lowe ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the design and engineering services under this Agreement shall be as follows: l.Basic Services of the Consultant A.Wetland and WUS Delineation B.T&E Habitat Assessment C.Phase 1 Cultural Resource Survey April —August 2016 April —August 2016 April —August 2016 10 Foth Infrastructure and Environment,LLC Foth Project No. City of Waukee School Campus Environmental Services North of Highway 6 between Warrior Lane and u Avenue Waukee,lowe ATTACHMENT 3 SCHEDULE OF FEES FOTH INFRASTRUCTURE AND ENVIRONMENT,L.L.C 2016 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE Project Director Project Manager Project Scientist Project Advisor Technical Director Lead Technical Engineer Project Engineer Staff Engineer Lead Technician Engineering Technician CAD Technician Construction Manager Lead Field Technician Field Technician Land Surveyor Administrative Assistant $184.00 $1 53.00-$179.00 $163.00 $164.00 $179.00 $167.00 $128.00-$153.00 $106.00-$125.00 $127.00 $98.00-$119.00 $85.00 $145.00 $119.00 $69 00-$104.00 $149.00 $60.00 REIMBURSABLE EXPENSES L All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2.Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal Revenue Service.Service vehicle mileage will be reimbursed on the basis of $0.88 per mile. Charges for outside services such as soils and materials testing,fiscal,legal will be billed at their invoice cost plus 15%. 4.All other direct expenses will be invoiced at cost plus 10%. ADJUSTMENTS TO FEE SCHEDULE 1.Fee schedule effective January 1,2016.Rates subject to change annually on January 1. 11