21 W Fourth Street
Eureka, CA 95501
707 443-5054
1072 N State Street
Ukiah, CA 95482
707 462-0222
1550 Airport Blvd., Suite 120
Santa Rosa, CA 95403
707 525-1222
2561 California Park Dr., #200
Chico, CA 95928
530 801-6170
Toll Free 800 515-5054
Native Owned | Community Partners | Trusted Advisors
PROJECT NO. 7158.15
ENGINEERING SERVICE AGREEMENT for Grants/Economic Dvlp Services City of Fortuna, referred to as “CLIENT”, requests, and LACO Associates, referred to as “LACO”, agree to provide Grants/Economic Dvlp services for the following project.
Project Name: City of Fortuna: 2025 LWCF
Project Location: Fortuna, California
Description of Scope and Services to Be Provided
• See Exhibit A dated February 26, 2025
Estimated Completion Time Frame
• July 25, 2025
*Estimated date of completion is contingent on when we receive the signed agreement and specified retainer.
Prevailing Wage rates do not apply to this project.
Payment Terms: Net 15
CLIENT agrees to pay at the hourly rates and to pay all other costs for the work or portion of work performed as set forth in the “SCHEDULE OF RATES” attached and made a part of this Agreement. The time and material based not to exceed fee is: $27,500* *This is an estimate of the anticipated costs associated with the services we are proposing to provide. An estimate is made with our best professional judgment, but we cannot anticipate everything that will happen during the course of completing your project and there are often unforeseen circumstances or conditions that result in a greater commitment of staff resources than the originally estimated amount. LACO reserves the right, as a condition of this service agreement, to invoice up to an amount 10% greater than the amount originally estimated without CLIENT consultation and without a fully executed service agreement amendment.
A retainer of $0, 0% of the estimated fee, to be applied to the FINAL invoice, must accompany signed agreement.
This agreement includes the following attachments: GENERAL CONDITIONS, labeled GEN2007, Schedule of Rates, and others (if any) noted above.
This agreement is entered on this day, February 26, 2025, in Eureka, Humboldt County, California.
SIGNED ______________________________ SIGNED ______________________________ LACO Associates
21 West Fourth Street PRINTED _____________________________ Eureka, California 95501
(707) 443-5054 DATE ________________________________
Principal: Michael D. Nelson CLIENT: City of Fortuna
PM: Jordan R. Blough
ADDRESS: PO Box 545
Fortuna, California 95540
PHONE: (707) 725-1479
Received on Retainer _____________________ EMAIL: [email protected] Amy Nilsen
Project 7158.15, Exhibit A
Initials: LACO _______ CLIENT_______
EXHIBIT A
City of Fortuna
2025 Land & Water Conservation Fund Applications
Fortuna, California
LACO Project No. 7158.15
February 26, 2025
City of Fortuna (Client) has requested professional services from LACO Associates (LACO) to support the preparation of one (1) set of conceptual site plans and maps and three (3) grant funding applications for submittal to the Land & Water Conservation Fund (LWCF) program which has a deadline of August 5, 2025.
PROJECT UNDERSTANDING
The City of Fortuna intends to prepare and submit three (3) proposals to the LWCF program for multiple recreation park projects within the city, including:
1. Newburg Park: Expand park footprint to incorporate a recently acquired adjacent parcel. The City has prepared a concept site plan for this expansion to include soccer fields, restrooms, and a “snack shack” to support future organized outdoor recreation at the site.
2. Vancil Forest Parcel: Pursue funding for either the acquisition of the Vancil Forest parcel or for recreational development on the property, pending acquisition status prior to the LWCF deadline.
LACO understands that the City is awaiting an award decision on a prior funding application for acquisition funds for the parcel. Should that grant be awarded, LWCF funds would be requested to develop the site. Should the previously-submitted acquisition funding application be unsuccessful, the City would like to apply for acquisition funding under LWCF.
3. Riverwalk Park: Enhance park with new recreational features based on the City’s conceptual plan.
LACO supported the City in preparing an application to develop this site as a park in 2022 and will leverage materials generated during that process in developing this application.
SCOPE OF SERVICES
Phase 1000: Project Scoping
LACO will assist the City in refining the project scope for the Vancil Forest Parcel project and will prepare the following materials as required by LWCF for development proposals:
• Project Location Map
• LWCF Boundary Map
• Concept Level Site Plan
This Phase assumes up to three (3), one-hour meetings. The total fee estimate within this task can be reduced should the City require an acquisition application rather than a park development application for Vancil Forest.
Phase 2000: Newburg Park Grant Application Development
LACO will assist the City in preparing one (1) LWCF application for the Newburg Park project, to consist of the following components per the LWCF Application Item Checklist:
• LWCF Application Form
• Authorizing Resolution
• Project Summary
• Project Selection Criteria
• Detailed Budget Narrative
• CEQA Compliance
• Project Location Map
• Community FactFinder Report and Park Access Tool Report Project 7158.15, Exhibit A
Initials: LACO _______ CLIENT_______
The City has submitted a previous funding application for Newburg Park, which will serve as a reference for background information during the development of the LWCF proposal.
Phase 3000: Vancil Forest Parcel Grant Application Development LACO will assist the City in preparing one (1) LWCF application for the Vancil Forest Parcel project, to include all required LWCF Application Checklist items as identified in Phase 2000. LACO will work closely with the City during Phase 1000 to develop the project scope and program prior to preparing the LWCF application.
Phase 4000: Riverwalk Park Grant Application Development LACO will assist the City in preparing one (1) LWCF application for the Riverwalk Park project, to include all required LWCF Application Checklist items as identified in Phase 2000.
The City submitted a previous funding application to develop this site into a park in 2022. LACO will leverage these existing materials, including narrative, conceptual design, and outreach information, to develop the LWCF application, and will update the design and cost estimate to align with LWCF requirements.
DELIVERABLE
Electronic copies (word documents and PDFs) of the application materials will be delivered to Client.
SCHEDULE
LACO will deliver one (1) set of conceptual site plans and maps for Vancil Forest and three (3) complete sets of LWCF application materials for City review and submittal by July 25, 2025.
FEE
Phase Task Description Estimated
Fee
1000 Project Scoping $7,000
2000 Newburg Park Grant Application Development $6,000
3000 Vancil Crosswhite Parcel Grant Application Development $8,500 4000 Riverwalk Park Grant Application Development $6,000 Total Estimated Fee $27,500
LACO will invoice Client based on time and materials. The estimated fee is $27,500*. *This is an estimate of the anticipated costs associated with the services we are proposing to provide. An estimate is made with our best, professional judgment but we cannot anticipate everything that will happen during the course of completing your project and there are often unforeseen circumstances or conditions that result in a greater commitment of staff resources than the originally estimated amount. LACO reserves the right, as a condition of this service agreement, to invoice up to an amount 10% greater than the amount originally estimated without CLIENT consultation and without a fully executed service agreement amendment.
Project 7158.15, Exhibit A
Initials: LACO _______ CLIENT_______
SPECIAL CONDITIONS, ASSUMPTIONS, AND SERVICES NOT PROVIDED • LACO does not make any guarantee of the viability of the project, the date upon which approvals will be received, or the successful completion of the project. LACO does not possess any control over the discretionary approval process employed by any involved government agency, or the timely processing of application submittals.
• CLIENT will pay all public agency fees associated with this project. • Task budgets are estimates of required effort; to meet project objectives, LACO may adjust the budget allocations for tasks but may not invoice in excess of 10 percent of the total estimated cost without written approval from CLIENT.
• LACO assumes free and unrestricted access to the project site over the duration of our contract. • Tasks not specifically identified in the Scope of Services above are not included. • CLIENT will respond promptly (within 2-3 business days) to all LACO correspondence and requests for information in order to maintain the project schedule.
• CLIENT will submit the LWCF applications via the Submittable platform. • Tasks not specifically identified in the Scope of Services above are not included. • Additional services outside of the specific scope of work provided above will not be provided without an amendment to this agreement.
• CLIENT will provide necessary supplemental site information such as site photos, title report, proof of ownership, etc.
City of Fortuna: 2025 LWCF
Initials: LACO _______ CLIENT_______
GEN2007
GENERAL CONDITIONS
LACO will perform only those services outlined in the agreed scope of work, except that CLIENT and LACO may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. The above scope of work represents the minimum program at this time. As the results of records search or other investigations or tests become known, other tests and/or sampling may be recommended to the CLIENT for written approval as Additional Services.
Invoices may be submitted to CLIENT as frequently as every four (4) weeks and/or upon completion of the work and are due and payable when presented. All accounts not paid in full within agreed payment terms will include a late payment charge from the date of the invoice, at the rate of
1.5% per month. If legal action is instituted on this account, the prevailing party shall be awarded such attorney's fees and other costs as the Court may adjudge to be reasonable. The CLIENT acknowledges the requirements of reporting cash payments for services that exceed $10,000 under federal law. Generally, any person, as defined, in a trade or business who receives more than $10,000 in cash in a single transaction or in related transactions must file a Form 8300 with the Internal Revenue Service. CLIENT understands that if such payment(s) are made to LACO, a Form 8300 will have to be submitted by LACO.
If CLIENT for any reason fails to pay the undisputed portion of LACO’s invoices fifteen (15) days after invoice due date, LACO has the right to cease work on the project, and CLIENT agrees to waive any claim against LACO for cessation of services, and shall defend and indemnify LACO from and against any claims for injury or loss stemming from LACO’s cessation of service. CLIENT agrees to pay LACO the cost associated with premature project demobilization.
In the event the project is remobilized, CLIENT agrees to pay the cost of remobilization, and shall renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule, or scope of service.
In the event any bill or portion thereof is disputed by CLIENT, CLIENT shall notify LACO within ten (10) days of receipt of the bill in question, and CLIENT and LACO shall work together to resolve the matter within sixty (60) days of its being called to the attention of LACO. If resolution of the matter is not attained within sixty (60) days, either party may terminate this Agreement in accordance with condition contained herein.
LACO agrees to strive to perform the services set forth in this Agreement in accordance with generally accepted professional practices, in the same or similar localities, related to the nature of the work accomplished, at the time the services are performed. LACO's services shall not be subject to any expressed or implied warranties whatsoever.
LACO's services shall not include directly or indirectly storing, arranging for or actually transporting, disposing, treating or monitoring hazardous substances, hazardous materials, hazardous wastes or hazardous oils, except for delivery of samples to a laboratory. Unless specifically listed in the Proposal or Scope of Work, services exclude testing for the presence of asbestos, polychlorinated biphenyls (PCBs), radon gas, or any airborne pollutants.
CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data interpretations, and recommendations by LACO will be based solely on information available to LACO.
LACO is responsible for these data, interpretations, recommendations, but will not accept responsibility for other parties' interpretations or use of the information developed. Because geologic and soil formations are inherently random, variable, and indeterminate in nature, the professional services rendered by LACO, and opinions provided with respect to such services under this Agreement (including opinions regarding potential cleanup costs), are not guaranteed to be representative of actual site conditions or contamination or costs, which are subject to change with time as a result of natural or man-made processes.
The CLIENT shall provide all information in its possession, custody, or control which relates to the site, its present and prior uses, or to activities at the site which may bear upon the services of LACO under this Agreement. LACO may rely on the completeness and accuracy of information supplied by CLIENT without further verification.
In recognition of the inherent risk of claims associated with the services to be provided and in consideration of our agreement to perform these services, CLIENT agrees to limit LACO's liability for CLIENT and any third parties arising from LACO's professional acts, errors or omissions, such that the total aggregate liability of engineer to all those named shall not exceed $50,000 or LACO's total fee for services rendered on this project, whichever is greater. (If CLIENT wishes to discuss higher limits and charges involved, he should speak with LACO.) CLIENT further agrees to require of any contractors or subcontractors an identical limitation of LACO's liability for damages suffered by the contractor or subcontractor arising from LACO's professional acts, errors, or omissions. Neither the contractor, nor any of his subcontractors assumes any liability for damages to others which may arise on account of LACO's professional acts, errors or omissions except as otherwise stipulated herein. Limitations on liability and indemnities in this Agreement are business understandings between the parties, voluntarily and knowingly entered into, and shall apply to all theories of recovery, including but not limited to, breach of contract, warranty, tort (including negligence), strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence.
City of Fortuna: 2025 LWCF
Initials: LACO _______ CLIENT_______
GEN2007
Both CLIENT and LACO agree that, to the extent allowed by law, they will not be liable to each other for special, indirect, or consequential damages arising out of or related to this Agreement, whether caused by negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever.
By this Agreement, LACO specifically excludes, disclaims and is discharged from any responsibility or liability for all direct or indirect loss or harm resulting from the presence, failure to discover, interception, escape or discharge of hazardous or toxic materials of any kind, including the contamination of soil, water, air or other property as a result thereof. This exclusion included, but is not limited to, exploration, testing, analysis, or recommendations by LACO.
LACO’s scope of work does not include the investigation or detection of the presence of any Biological Pollutants in or around any structure. CLIENT agrees that LACO will have no liability for any claim regarding bodily injury or property damage alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants in or around any structure. In addition, CLIENT will defend, indemnify, and hold harmless LACO from any third party claim for damages alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants in or around any structure, except for damages arising from or caused by LACO’s sole negligence. The term “Biological Pollutants” includes, but is not limited to, molds, fungi, spores, bacteria, and viruses, and the byproducts of any such biological organisms.
To the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold LACO, its agents, subcontractors, and employees harmless from and against any and all claims, defense costs, including attorney's fees, damages, and other liabilities arising out of or in any way related to LACO's reports or recommendations concerning this Agreement, LACO's presence on the project property, or the presence, release, or threatened release of asbestos, hazardous substances, or pollutants on or from the project property; provided that CLIENT shall not indemnify LACO against liability for damages to the extent caused by the negligence or intentional misconduct of LACO, its agents, subcontractors, or employees.
CLIENT waives any claim against LACO and agrees to defend, indemnify and hold LACO harmless for injury or loss which may arise as a result of (1) alleged cross-contamination of aquifers caused by sampling, (2) release of pollutants to the environment, (3) drill cuttings, fluids or other presumed hazardous materials being left on-site after containerization by LACO, (4) containing, labeling, transporting, testing, storing, or other handling of contaminated samples, (5) any work, error, omission or negligent act performed by contractors or others under not complete and direct supervision by LACO for the specific task concerned.
CLIENT is responsible for accurately delineating the locations of all underground structures and utilities. LACO will take reasonable precautions to avoid known subterranean structures, and CLIENT agrees to defend, indemnify and hold LACO harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located.
In the absence of special arrangements, all uncontaminated samples of soil or rocks will be disposed of by LACO sixty (60) days after submission of our report. Soil, water, rock and/or other waste materials generated during work on the project site shall remain the sole property and responsibility of CLIENT. It is CLIENT’s sole responsibility to arrange for lawful disposal of all waste materials. Soil, water, rock and/or other waste materials generated during LACO’s work efforts on behalf of the CLIENT which may be contaminated with hazardous or toxic materials or potentially hazardous or toxic materials will be containerized on the site in approved containers at such times as they may be generated. Such materials may be required by law to be characterized and disposed of within a limited time frame. Arranging for disposal of hazardous or toxic materials or potentially hazardous or toxic materials is specifically excluded from the scope of LACO’s services. Upon written request from the CLIENT, LACO may assist in coordinating or facilitating lawful disposal procedures by an appropriately-licensed contractor employed by the CLIENT. Regardless of any coordination or facilitation of disposal of hazardous or toxic materials or potentially hazardous or toxic materials by LACO on behalf of the CLIENT, CLIENT agrees to indemnify and hold harmless LACO from any claim of liability for injury, loss or environmental damage, including cost of defense, arising from any disposal of hazardous or toxic materials or potentially hazardous or toxic materials.
All laboratory and field equipment contaminated with suspected or potentially toxic or hazardous substances in performing our services will be cleaned at CLIENT's expense. Contaminated consumables will be disposed of and replaced at CLIENT's expense. Equipment (including tools) which cannot be reasonably decontaminated shall become the property and responsibility of the CLIENT. All such equipment shall be delivered to the CLIENT or disposed of in a manner similar to that indicated for hazardous samples. CLIENT agrees to pay the fair market value of any such equipment which cannot reasonably be decontaminated.
CLIENT has relied on LACO's judgement in establishing the workscope and fee for this project, given the project's nature and risks. CLIENT shall, therefore, rely on LACO's judgement as to the continued adequacy of this Agreement in light of occurrences or discoveries not originally contemplated or known. Should LACO call for contract renegotiation, LACO shall identify the changed conditions which, in LACO's judgement make such renegotiation necessary, and LACO and CLIENT shall promptly and in good faith enter into renegotiation of this Agreement to help permit LACO to continue to meet CLIENT's needs. If renegotiated terms cannot be agreed to, CLIENT agrees that LACO has an absolute right to terminate this Agreement.
City of Fortuna: 2025 LWCF
Initials: LACO _______ CLIENT_______
GEN2007
LACO and CLIENT agree that discovery of unanticipated hazardous or toxic materials constitutes a changed condition mandating renegotiation or termination of services. LACO agrees to notify CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous or toxic materials be encountered. CLIENT agrees to make any disclosures required by law to the appropriate governmental agencies.
CLIENT and LACO also agree that discovery of hazardous materials may make it necessary for LACO to take immediate action to protect health and safety. CLIENT agrees to compensate LACO for all costs required for such action and other costs incident to such unanticipated discovery of hazardous or toxic materials.
CLIENT agrees that construction contractors, subcontractors or others not affiliated with LACO are solely responsible for safety at and near the project site. LACO will have no responsibility or liability for methods of work performance, supervision including selection of equipment, selection or direction of contractor's employees, or sequencing of construction other than that done by LACO's own employees. LACO will not be responsible for excavation safety, temporary slopes, shoring, underpinning, dewatering, or other construction activities of the contractor(s) and subcontractor(s).
Unless otherwise agreed, CLIENT will furnish to LACO, its agents, representatives and subcontractors right-of-entry on land for planned field operations. CLIENT will notify any and all possessors of the project site that the CLIENT has granted LACO free access to the site. LACO will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of the Agreement unless so specified in the proposal or scope of work.
All documents, reports, boring logs, field and survey notes, tracings, and other documents prepared by LACO as instruments of service shall remain the property of LACO. All designs, information, reports, or recommendations prepared or issued by LACO are for the sole use of the CLIENT for the specific project for which they are prepared. CLIENT agrees not to provide such materials to any person or organization unless the person or organization agrees in writing to be bound by the conditions of this Agreement. CLIENT agrees to save and hold LACO harmless from any liability arising from any use made by CLIENT or any other party outside the intent of this Agreement.
All claims, disputes, and other matters in controversy between LACO and CLIENT arising out of or in any way related to this Agreement will be submitted to "alternative dispute resolution" (ADR) before and as a condition precedent to other remedies provided by law. If and to the extent that CLIENT and LACO have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution Agreement" which, if attached, is incorporated into and made a part of this Agreement. If no specific ADR procedures are set forth in this Agreement, then it shall be understood that the parties will submit disputes to mediation as a condition precedent to litigation.
If a dispute at law arises from matters related to the services provided under this Agreement and that dispute requires litigation instead of ADR as provided above, then: (1) the claim will be brought and tried in the judicial jurisdiction of the Court of the county where LACO's principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and (2) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, Court costs, attorney's fees, and other claim related expenses.
This Agreement may be terminated by either party upon ten (10) days written notice by certified mail, return receipt requested. If CLIENT elects to terminate this Agreement, CLIENT will be responsible for all charges, as computed under this Agreement, for work performed by LACO through the tenth day after mailing of the notice of termination.
The laws of the State of California will govern the validity of the terms, their interpretation and performance. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this Agreement for any cause.
Initials: LACO _______ CLIENT_______
Revised: 1/01/2025
2025 SCHEDULE OF RATES
Senior Managing Engineer/Surveyor, Principal Engineer ............................................................ $250.00 - $275.00 per hour Senior Project Manager, Senior Engineer, Senior Land Surveyor, Principal Planner...................$195.00 - $210.00 per hour Director of Grants & Funding Development, Project Manager, Senior Planner...........................................$185.00 per hour Assistant Project Manager, Licensed Land Surveyor ................................................................................... $175.00 per hour Associate Planner, Associate Surveyor LSIT, Associate Engineer.................................................$165.00 - $170.00 per hour Senior Grant Writer, Staff Engineer/Surveyor, Associate Surveyor, Senior Staff Engineer .........$150.00 - $160.00 per hour Assistant Planner, Grant Writer, Assistant Engineer/Surveyor, Staff Planner.............................$135.00 - $145.00 per hour Project Coordinator, Senior Project Coordinator, Grant Analyst, Business Manager..................$100.00 - $120.00 per hour Engineering Technician.................................................................................................................................. $80.00 per hour
SURVEY RATES
One-Person Survey....................................................................................................................................... $200.00 per hour Two-Person Survey ...................................................................................................................................... $310.00 per hour Three-Person Survey.................................................................................................................................... $390.00 per hour Drone Data Processing & Client Access Fee....................................................................................................... $650.00 each Mavic 3E / Phantom 4 RTK Drone.................................................................................................................. $750.00 per day Matrice 300 Drone w/L1 LiDAR Sensor....................................................................................................... $1,500.00 per day
PREVAILING WAGE RATES
Construction Observation.............................................................................................................................$190.00 per hour One-Person Survey Prevailing Wage............................................................................................................ $235.00 per hour Two-Person Survey Prevailing Wage............................................................................................................ $390.00 per hour Three-Person Survey Prevailing Wage ......................................................................................................... $520.00 per hour
TRANSPORTATION
Automobile and pickup:
Trip charge per day (half-day minimum charge) ......................................... $70.00 per day ($35 minimum charge) Over 80 miles..............................................................................................................Federal Rate + $0.10 per mile Other transportation, air travel, etc. ................................................................................................................... $Cost + 15%
PRINTING/MATERIALS
Plan copies per sheet (11x17)...........................black & white $0.25 ........................................................... color $2.50 each Plan copies per sheet (24x36)...........................black & white $5.00 ...................mylar $20.00 ................ color $21.25 each All other materials or printing............................................................................................................................. $ Cost + 15% EXPERT WITNESS SERVICES – Expert witness services include, but are not limited to, preparation for and attendance at depositions or court by Principal or Senior Professionals. Other staff support will be billed at regular hourly rates.
Principal Professional Expert........................................................................................................................ $500.00 per hour Senior Professional Expert........................................................................................................................... $400.00 per hour ANNUAL RATE INCREASE - LACO Associates anticipates an annual hourly rate increase of 3% to 5% effective January 1st of each new year without prior notice. For projects that span multiple years, an updated Schedule of Rates will be sent with the first invoice that reflects the annual increase.
NOTES
1. The above rates are regular hourly rates and include payroll costs, overhead, and profit. If overtime is requested by the Client, it will be charged at 130% of the above hourly rates.
2. Outside services, including, but not limited to, consultants and laboratories, will be billed at Cost plus 15%.
3. Subsistence and per diem will be calculated at Cost plus 15%.
4. All travel time will be charged at the regular hourly rates.