HomeMy WebLinkAbout4630 Resolution - MacKay Sposito PSA for Lewis Street Pavement Preservation
Resolution – Lewis Street Pavement Preservation Project - 1
RESOLUTION NO. 4630
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A LOCAL
AGENCY A&E PROFESSIONAL SERVICES COST PLUS FIXED FEE
CONSULTANT AGREEMENT WITH MACKAY SPOSITO, LLC FOR THE
LEWIS STREET PAVEMENT PRESERVATION PROJECT.
WHEREAS, the City of Pasco (City) requires professional services including topographic
surveying, geotechnical, design, environmental compliance, right-of-way acquisition and
certification, and bidding support for the Lewis Street Pavement Preservation Project to mill and
overlay 2.94 miles of Lewis Street between Road 28 to E US 12, excluding the section between
5th Avenue and Oregon Avenue. Work includes localized asphalt repairs, taper mill at curved
edges, 2” HMA overlay, and striping. ADA upgrades will also be included as needed; and
WHEREAS, the City solicited Statement of Qualifications (SOQs) from qualified
consultants registered in the State of Washington to perform civil engineering services for the
Lewis Street Preservation Project (Fed Aid No. NHPP-3530(007)) funded through the 2023
National Highway (NHS) Asset Management Program as required by RCW 39.80.030 on
September 25, 2024; and
WHEREAS, the City reviewed and scored the four (4) proposals received, interviewed the
top three (3) consultants, and determined HLA Engineering & Land Surveying, Inc. (HLA) to be
the most highly qualified consultant pursuant to RCW 39.80.040; and
WHEREAS, the City chose HLA as the consultant for the project, but after scope and fee
negotiations, the City and HLA were unable to reach an agreement on contract terms, specifically
regarding the fixed fee and profit percentages; and
WHEREAS, the City negotiated with MacKay Sposito, LLC, the next highest-ranked
consultant, in accordance with WSDOT LAG Chapter 31, subsection 31.7.74 (3b), issuing a letter
of agreement negotiation on March 21, 2025; and
WHEREAS, pursuant to RCW 39.80.050(1), the City has negotiated a fair and reasonable
agreement with MacKay Sposito, LLC that reflects the estimated values, scope, complexity, and
professional nature of the services; and
WHEREAS, the City finds MacKay Sposito, LLC is a qualified firm to perform the
necessary professional services for the Lewis Street Pavement Preservation Project, and the
negotiated contract not to exceed $649,447.75, is fair and reasonable; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into a Local
Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement with MacKay
Sposito, LLC.
Resolution – Lewis Street Pavement Preservation Project - 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the Local
Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement between the City
of Pasco and MacKay Sposito, LLC as attached hereto and incorporated herein as Exhibit A.
Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to execute said Local Agency A&E Professional
Services, Cost Services Cost Plus Fixed Fee Consultant, Agreement on behalf of the City of Pasco;
and to make minor substantive changes to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this 4th day of August,
APPROVED AS TO FORM:
___________________________
Kerr Ferguson Law, PLLC
2025.
_____________________________
Pete Serrano
Mayor
ATTEST:
_____________________________
Debra Barham, MMC
City Clerk City Attorneys
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN or SSN Number
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes No DBE Participation
Yes No MBE Participation
Yes No WBE Participation
Yes No SBE Participation
Total Amount Authorized:
Management Reserve Fund:
Maximum Amount Payable:
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work
DBE Participation
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub-consultant Cost Computations
Title VI Assurances
Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures Agreement Number:
Page 1 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
MacKay Sposito, LLC
18405 SE Mill Plain Blvd Suite 100 NHPP-3530(007)
12/31/2027
Mill and overlay entire existing pavement area. Work includes cutting and patching failed areas (Alligator
cracking and spalling), taper mill at curved edges and then overlay with HMA. This allows for unchanged
elevations at existing curbs and additional structural section for the majority of the roadway. ADA upgrades
will also be included as needed.
STIP: WA-15719
Limits: Road 28 to E US 12 Ramp
Project No. 3530(007)
Vancouver, WA 98683
600130437 91-0915984
X
X
X
X
0
$649,447.75
$649,447.75
Lewis Street Pavement Preservation
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THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the ,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1)
of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I.General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II.General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III.General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number:
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Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be
shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime)
involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information
shall identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C –
Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY: If to CONSULTANT:
Name: Name:
Agency: Agency:
Address: Address:
City: State: Zip: City: State: Zip:
Email: Email:
Phone: Phone:
Facsimile: Facsimile:
IV.Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled “Completion Date.”
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Agreement Number:
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Agreement Revised 02/01/2021
City of Pasco
Maryanne Zukowski, PE
MacKay Sposito, LLC
425.765.7459
Mzukowski@mackaysposito.com
33810 Weyerhaeuser Way S #130
Federal Way WA 98001
Dustin C. Wittman
525 N 3rd Avenue
Pasco WA 99301
wittmand@pasco-wa.gov
509.545.3447
N/A N/A
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V.Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, “Scope of Work”. The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
“D” and “E” and by this reference made part of this AGREEMENT.
A.Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT’S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non-salary costs.
1.Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2.Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such
on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT’S cost estimate and the ICR percentage is shown in Exhibits “D” and
“E”, attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and
all A&E sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm’s
fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.)
for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by
the ICR schedule. It shall also be used for the computation of progress payments during the following year
and for retroactively adjusting the previous year’s ICR cost to reflect the actual rate. The ICR schedule will
be sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The AGENCY’s Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT’S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section)
These charges may include, but are not limited to, the following items: travel, printing, long distance
telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed
only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.Agreement Number:
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4.Fixed Fee: The Fixed Fee, which represents the CONSULTANT’S profit, is shown in attached Exhibits “D”
and “E” of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled “Termination of Agreement.”
5.Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
“Extra Work.”
6.Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, “General Requirements” of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
Agreement Number:
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D.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT’s Internal Audit Office and/or at the request of the AGENCY’s Project Manager.
VI.Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII.Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s
Agreement Number:
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Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII.Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259)
through 2000d-4a) • American with Disabilities Act of 1990
•Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324)• 23 CFR Part 200
•Rehabilitation Act of 1973 49 CFR Part 21(29 U.S.C. Chapter 16 Subchapter V § 794) 49 CFR Part 26•Age Discrimination Act of 1975 •RCW 49.60.180(42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F”
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in
every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10)days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
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date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to
perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X.Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI.Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
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XII.Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees,
sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or
the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY’s, their agents’, officers’ and employees’ failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
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Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to
section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional
liability to third parties be limited in any way.
Agreement Number:
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Dustin C. Wittman
City of Pasco
525 N 3rd Avenue
Pasco WA 99301
wittmand@pasco-wa.gov
509.545.3447
N/A
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The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B.If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,”
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit
“G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s
over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General
Requirements” prior to its performance of any SERVICES under this AGREEMENT.
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XVII.Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII.Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX.Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver’s license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence
and not to make use of the State’s Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State’s Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential
Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State’s Confidential Information was received; who received, maintained and used the State’s Confidential
Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number:
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Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii)is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY’s said disclosure of sub-consultants’ information.
XX.Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
“documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents”
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, “documents” means every writing or record of every type and description,
including electronically stored information (“ESI”), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
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tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any
kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home.
“Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date” box on page one (1) of this AGREEMENT.
Signature Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
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7/23/2025
Exhibit A
Scope of Work
Project No.
Agreement Number:
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Attachment EXHIBIT A Scope of WORK
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July 17, 2025
Andrey Avetisyan
City of Pasco
525 N. 3rd Avenue
Pasco, WA 99301
Re: Scope and Fee for the Lewis Street Preservation
Dear Andrey and Faigda,
Thank you for selecting the MacKay Sposito team to partner with the City of Pasco on the Lewis
Street Pavement Preservation project. We are excited to work with you and deliver an exceptional
project to the Pasco community.
Enclosed you will find our final scope and fee.
Please contact me with any questions.
Sincerely,
Maryanne Zukowski, PE
Project Manager • Public Works/Transportation • MacKay & Sposito, Inc.
33810 Weyerhaeuser Way S #130, Federal Way, WA 98001
425.765.7459 •Mobile
Mzukowski@MacKaySposito.com
Exhibit A Scope of Work
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
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TABLE OF CONTENTS
TABLE OF CONTENTS
INTRODUCTION
SCOPE OF WORK
1.0 PROJECT MANAGEMENT
1.1 PROJECT ADMINISTRATION
1.2 PROJECT SCHEDULING
1.3 PROJECT TEAM MEETINGS
1.4 SUBCONSULTANT COORDINATION
DELIVERABLES
ASSUMPTIONS
2.0 LAND SURVEYING
2.1 TOPOGRAPHIC & DRONE SURVEY
2.2 LEGAL DESCRIPTIONS AND TITLE REPORTS
DELIVERABLES
ASSUMPTIONS
3.0 ENVIRONMENTAL PERMITTING
3.1 NEPA CATEGORICAL EXCLUSION
SEPA
CONSTRUCTION STORMWATER GENERAL PERMIT
DELIVERABLES
ASSUMPTIONS
4.0 CIVIL ENGINEERING
4.1 PREVIOUS DESIGN REVIEW AND EVALUATION
4.2 DESIGN COORDINATION CITY AND OTHER DISCIPLINES
ENVIRONMENTAL SUPPORT
4.3 30% CIVIL DESIGN
DELIVERABLES
ASSUMPTIONS
4.4 60% CIVIL DESIGN
DELIVERABLES
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
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ASSUMPTIONS
4.5 90% CIVIL DESIGN
DELIVERABLES
ASSUMPTIONS
4.6 100% CIVIL DESIGN
DELIVERABLES
ASSUMPTIONS
5.0 BIDDING SUPPORT
5.1 BIDDING SUPPORT
ASSUMPTIONS
6.0 CONSTRUCTION SUPPORT
6.1 AS-BUILT SUPPORT
DELIVERABLES
ASSUMPTIONS
APPENDICES
APPENDIX A: REAL ESTATE SERVICES SCOPE - (COMMONSTREET) & WSDOT ICR
APPENDIX B: GEOTECHNICAL INVESTIGATIONS AND HAZARDOUS MATERIALS -
(GEOPROFESSIONAL INNOVATION CORP - GPI) & WSDOT ICR
APPENDIX C: PROJECT SCHEDULE
APPENDIX D: MACKAY SPOSITO FEE SHEET & RATE TABLE & WSDOT ICR
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
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INTRODUCTION
The City of Pasco selected MacKay Sposito and their consultant team for the Lewis Street Pavement
Preservation project. The team includes:
● MacKay Sposito - Project Management / Survey Lead / Civil Roadway & Drainage Design /
Environmental / Bidding Support Services
● Sub Name - Commonstreet Consulting, LLC - Right of Way (ROW) Services
● Sub Name - GeoProfessional Innovation Corp. (GPI) - Geotechnical Services
GENERAL PROJECT DESCRIPTION/BACKGROUND
Lewis Street Pavement Preservation will mill and overlay 2.94-miles of Lewis Street between Road 28 and
E US 12, excluding the section between 5th Avenue and Oregon Avenue. Work includes localized asphalt
repairs, taper mill at curbed edges, 2” HMA overlay, and striping. ADA upgrades will also be included as
needed. The project starts at Road 28 and ends at the E US 12 ramps, and it excludes the section between
5th Ave and Oregon Avenue.
The design phase for this project is anticipated to extend twelve (12) months with a bidding phase of four
and half (4.5) months for a total of sixteen and a half (16.5) months with a notice to proceed (NTP) on or
around August 1, 2025. Right-of-Way (ROW) acquisition for this project is anticipated. It is assumed in this
schedule no pre-acquisition activities will occur until NEPA is approved. The contract will complete pre-
NEPA activities per the WSDOT Local Agency Guidelines (LAG) Manual.
The Consultant shall provide services including topographic surveying and/or property surveying,
geotechnical preparation of Plans, Specifications, and Estimate (PS&E), right-of-way (ROW) acquisition and
certification services, preparation and processing of all necessary environmental documents to achieve
environmental NEPA compliance, and bidding support. The City, at its discretion, may select the same
Consultant for Construction Management/Support Services.
This project is funded by the 2023 NHS Asset Management Program grant therefore subject to WSDOT and
FHWA requirements. Lewis Street Pavement Preservation has a mandatory Disadvantage Business
Enterprise (DBE) goal of Zero percent (0%). This project does not have a voluntary Small Business
Enterprise (SBE) goal. There is no training hour requirement on this project.
Project Schedule - see Appendix C.
The work performed by the consultant generally consists of services as follows:
● Project Management
● Design Services
● Right of Way (ROW) Services - See Appendix A.
● Geotechnical Services - See Appendix B.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
5
● Bidding Support
City Performed Work:
● PROWAG evaluations for pedestrian push buttons and pedestrian signal heads at the signalized
intersections.
● Mark out pavement dig out locations.
● SEPA Check List.
● All WSDOT coordination.
● Assist with the development and review of plans, specifications, estimates, and other consultant
deliverables and other bid documents.
● Compile the construction bid package, coordinate the bid advertisement, and conduct the bid
opening.
● Administer grants and project funding.
● Coordinate all environmental permitting submittals and correspondence with federal, state, and
local agencies.
● Coordination with utility providers.
● Funding obligation packages and reimbursements.
GENERAL ASSUMPTIONS
1. See tasks for specific task-related assumptions and exclusions.
2. Consultant notice to proceed (NTP) on or around August 1. 2025
3. Construction obligation is required before August 31, 2026, with Right of Way certification and
obligation with a sufficient time period to perform a minimum of nine (9 partial acquisitions and
right of way certified by WSDOT
4. Eight (8) weeks is required for Obligation authorization.
5. A no later than (NLT) submittal of July 7, 2026, is required for the authorization package.
6. The draft schedule anticipates a target of July 6, 2026, to complete PE and ROW.
7. The City will prepare the Obligation Package and deliver it to the WSDOT.
8. The City will prepare funding obligation packages and reimbursements.
9. The City will coordinate this project with WSDOT.
10. Consultant rates for 2025 and 2026 will apply.
11. Project kick off is assumed scheduled by the City staff.
12. It is estimated that 63 ramps are currently noncompliant with ADA requirements. Up to an
additional 16 ramps will be designed for a total of 79 ramps. Additional ramps will be addressed
with the Management Reserve Fund (MRF).
13. Right of Way partial acquisitions are limited to nine (9) parcels.
14. Section 106 is exempt.
Additional ramps will require a contract Amendment.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
6
15. Plans and specification review for all submittals to be tracked in Bluebeam studio session. MacKay
Sposito to log comments and identify how comments are addressed.
16. Approximately 20 pavement cores to be obtained by MacKay Sposito/Geotechnical Engineer.
17. The Project must follow WSDOT’s Local Agency Guidelines version at the time of contract
execution.
18. The contract duration is approximately sixteen (16) and a half months for design and construction
phase services. It is assumed the ROW acquisition will be finalized in 2026, followed by the final
design and bidding in 2026.
19. All submittals will be made electronically with no paper copies.
20. The City will lead on ROW payments and recordings required.
21. 2026 No -biweekly internal meetings and limited to monthly team meetings.
22. WSDOT coordination is limited to two (2) coordination meetings, one (1) for NEPA and one (1) for
Right of Way plans as scheduled by the City.
23. Environmental support is limited to only development of the APE for exemption.
24. Bidding Assistance assumes one addendum as detailed in the scope, with bidding assistance
limited to answering questions and performing as-built tasks at construction completion.
25. Attendance at City Council and Staff meetings is not required.
26. All meetings will be virtual..
27. Only one (1) staff member will perform the site visit for ADA compliance.
28. No pavement design is required.
29. Per diem rates are 2025 Office of Financial Management
https://ofm.wa.gov/accounting/administrative-accounting-resources/travel/diem-rate-tables
EXCLUSIONS:
1. Water and sanitary sewer design.
2. Survey in the pavement cores, per the City MacKay to field locate for the plans.
3. Survey in the soil’s logs, per the City no stormwater infiltration required for this project.
4. All stormwater design adjustments for ADA compliance and stormwater infiltration investigations,
stormwater design for change in drainage patterns, and memorandum for increase in non-polluting
and pollution generating surfaces due to new ADA ramps and changes to pavement extents.
5. Construction Stormwater General Permit.
6. SEPA.
7. Survey for soils logs and pavement cores.
8. Public Interest Findings (PIF)s.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
7
SCOPE OF WORK
(Exhibit "A")
City of Pasco
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
1.0 PROJECT MANAGEMENT
1.1 PROJECT ADMINISTRATION
● Prepare monthly invoices and progress reports to accompany invoicing. Reports will
include a budget summary, tasks completed within the invoicing period.
● Prepare and coordinate project schedule in conjunction with funding requirements and
timelines, once.
● Perform quality assurance and quality control reviews at each of the design submittals
four times.
● Kick-off meeting coordination.
● Project specific templates, links, & folders.
1.2 PROJECT SCHEDULING
● Prepare and submit an activities list and schedule to the City following the Notice to
Proceed. The schedule will show appropriate milestones, including intermediate and
final submittal dates for design documents and key decision points.
● Provide up to one (1) update to the schedule to reflect project milestones and timeline
changes.
1.3 PROJECT TEAM MEETINGS
● Schedule review meetings (virtual) with the City at each submittal phase.
● Organize and hold project coordination meetings with key project team members.
These meetings shall have specific agendas addressing and resolving project issues
as they are encountered in 2025 these are bi-weekly and in 2026 monthly as directed
by the City.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
8
Meeting Schedule
Type Format Frequency Participants # Mtgs
Kick Off Meeting Virtual Once Team Leads 1
Site Visit 2025 In Person Once Team Leads + Lead Designers 1
Bi-weekly consultant team meetings 2025 Virtual Bi-Weekly Team 13
Monthly consultant team meetings 2026 Virtual Bi Weekly Team 11
Design Submittal Meetings 2025 Hybrid 30% Team Leads + Lead Designers 1
Design Submittal Meetings 2026 Hybrid 60/90/100% Team Leads + Lead Designers 3
Coordination Meetings with WSDOT Local Programs (2025/2026)
● NEPA Kick Off ● WSDOT Right of Way
Virtual See Schedule Team Leads scheduled by City 2
Sub Consultant/Internal Team Meetings ROW (2025/2026)
Virtual As Needed Team Leads 6
Sub Consultant/Internal Team Meetings Geotechnical (2025/2026)
Virtual Twice Team Leads 2
QA/QC Meetings (2025/2026) Virtual Following Design Submittals
Select Team Leads 4
1.4 SUBCONSULTANT COORDINATION
● General coordination and management of the subconsultant team including
contracting, invoicing, schedule, and deliverables.
DELIVERABLES
● Monthly Invoices and Progress Reports
● Baseline Project Schedule and Updates
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
9
ASSUMPTIONS
● Sixteen and a half (16.5) month project management duration
● No monthly meetings with the City. Coordination meetings are limited to
30/60/90/100% deliverable milestones.
● Bi-weekly consultant team coordination meetings in 2025 for 30% Design. Monthly
consultant team coordination meeting in 2026 for 60/90/100% phases.
● There are no in-person meetings.
● The level of effort for the 79 ADA ramps is similar to the Argent Road Ph 1 - Plans by
MacKay Sposito with sufficient elevation points at critical locations, dimensions,
sufficient for a Contractor to understand. Minimum 6-8 points required per ramp to be
included.
● City staff will provide all WSDOT coordination.
2.0 LAND SURVEYING
2.1 TOPOGRAPHIC & DRONE SURVEY
● MacKay Sposito will conduct a site visit to review the site conditions and conduct a
topographic survey as required to prepare preliminary design plans. Topographic
survey will include drone survey and traditional survey.
● Topographic survey limits will include the full width of Right of Way (ROW) along Lewis
Street and will extend around the radius of roadways approximately 75 feet.
● Mapping limits will extend from Road 28 to 5th Avenue and from Oregon Avenue to the
turnback limits of the US-12 Ramps (approximately 150 feet west of the ramp
intersection).
● Vertical Datum to be completed in NAVD88. Horizontal Datum to be completed in
NAD83.
● Coordinate utility locates with the City.
● Complete ADA Features Surveying for each existing ADA ramp. Where ramps are
already noted out of compliance, only topographic surveys for tie-in information will be
obtained.
● MacKay Sposito will format the survey to serve as the base map for all design and
construction drawings. The format will be Civil 3D 2024. The City will provide any
special title blocks and logos or pen-mapping standards required before preparing the
base maps. Otherwise, the base mapping will be produced based on MacKay Sposito
graphic standards. Base maps will be prepared at a minimum 1” = 20’ scale.
The following elements are included in the survey:
● Topo (9,200LF)
● Topo for ADA Ramps (79)
● Cross Slopes at 50’ intervals
● Survey points on traffic loops.
2.2 LEGAL DESCRIPTIONS AND TITLE REPORTS
● MacKay Sposito will prepare up to nine (9) legal descriptions and accompanying
exhibits to assist in partial property acquisitions. This task includes plotting any
potential existing easement contained within the parcels Title Reports. Title Report
Review and ordering by others.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
10
DELIVERABLES
● Nine (9) partial acquisitions parcels shown on Survey and base mapping.
● Nine (9) Exhibit A Legal Descriptions and Nine (9) Exhibit B Parcel exhibits.
ASSUMPTIONS
● No more than twelve (12) title reports will be required.
● No more than nine (9) parcels will be impacted.
● If additional title reports are required, the City will order.
● No Temporary Construction Easements (TCE)s will be required.
● Survey to be completed with drone where possible. No FAA restrictions anticipated.
● No right-of-entries are required.
● Title reports to be paid for by the City.
● No survey of pavement cores.
● Newly constructed ADA ramps are currently in compliance.
3.0 ENVIRONMENTAL PERMITTING
3.1 NEPA CATEGORICAL EXCLUSION
MacKay Sposito will prepare a NEPA categorical exclusion (CE) documentation form and portions
of the required documentation to comply with Federal Highway Administration funding
requirements (administered through WSDOT local programs). This form will include a summary
of impacts and permits for air quality, critical and sensitive areas, cultural resources/historic
structures, floodplains and floodways, hazardous and problem waste, noise, 4(f)/6(f) resources,
agricultural lands, water quality/stormwater for a net 0 sf design, previous environmental
commitments, environmental justice, and effects on species and habitats listed under the
Endangered Species Act (ESA) and Essential Fish Habitat (EFH). This information will be compiled
from studies prepared by others (hazardous materials) or from readily available public domain
resources. MacKay Sposito will contact staff at the various agencies to obtain information for the
area and the analysis needed to support the assessment documentation.
This task also includes coordination with the project team and WSDOT to accurately and timely
prepare all required NEPA documents.
SEPA
● The City will prepare SEPA for this project.
CONSTRUCTION STORMWATER GENERAL PERMIT
• The City will prepare and submit a Notice of Intent for use of Ecology’s Construction
Stormwater General Permit (NPDES Section 402 of the Clean Water Act). This will also
include placing two (2) public notices in the local newspaper.
DELIVERABLES
● NEPA CE Form
● ESA No Effect Letter exemption memorandum
● Confirmation of Section 106 Exemption
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
11
ASSUMPTIONS
● The project will not cause significant environmental impacts and will not require
documentation under an environmental assessment or environmental impact
statement.
● The project will not affect or will be exempt and will not require documentation or
reporting for Coast Guard permitting, noise, floodplains, air quality, agricultural areas,
critical areas, bald eagles, sole source aquifers, wetlands, 4(f), 6(f), cultural resources,
wetlands, environmental justice, or rivers.
● It is assumed as directed by the City that there will be no increase in pollutant-
generating impervious surfaces for the project. There will be no other impacts to listed
or proposed fish species and the project will qualify for a determination of no effect.
The project will have no effect on listed or proposed wildlife or plant species. A no
effect memo is included in this task.
● Documentation to permit impacts to wetlands and waters or their buffers is not
included.
● WSDOT and the Department of Architectural and Historic Preservation (DAHP) agree
with a Section 106 Exemption. The exemption can be obtained using non-technical
staff. If cultural or historic expertise is required to obtain an exemption, a change order
will be required.
● A 'right-sized hazmat memorandum' will be acceptable for the project.
● There will be up to one (1) set of comments to address on the NEPA CE and supporting
documents. The City will combine City Comments with WSDOT comments together in
one document.
● The City prepares the SEPA.
● The City will prepare the CSWGP.
● The City will prepare the Erosion and Sediment Control Plan required for the CSWGP
notice of intent submittal. l WSDOT will not require a cultural resource investigation
due to minimal excavation in already disturbed areas and the project meets Appendix
J of the WSDOT CE Manual 106 Exemptions.
4.0 CIVIL ENGINEERING
4.1 PREVIOUS DESIGN REVIEW AND EVALUATION
● Conduct up to one (1) project walk through with one (1) person to evaluate design
progression with field conditions such as fine grading at existing businesses, ADA
compliance, utilities, and building canopies.
● The City will perform the PROWAG evaluation on pedestrian signal heads and
pedestrian buttons to confirm ADA compliance assumptions.
● MacKay Sposito will perform the WSDOT ADA Ramp Assessment compliance forms
at (79) locations. The Consultant shall establish a quality management program and
designate responsibility for the review of technical work and other deliverable products
to staff with appropriate experience and expertise.
● Confirm Client Standards and Drafting Standards.
● CAD Setup. The foundation of a construction plan set is the CAD setup. Setup the
Construction Plans set per the Client’s sheet templates, plan setups, and other
preferences. Establishing the CAD setup early ensures that subsequent QA/QC efforts
can focus on the roadway design elements instead of CAD setup.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
12
● QA/QC Process is integrated into each of the 30%. 60%, 90%, and Bid Ready
documents.
● Standards to be followed are:
○ Pasco Municipal Code (PMC)
○ Revised Code of Washington (RCW)
○ City of Pasco Design and Construction Standards for Public Works
Improvement
○ Public Works Right of Way Accessibility Guidelines (PROWAG)
Manual on Uniform Traffic Control Devices, for Streets and Highways
(MUTCD)
○ Franklin County PUD Standards
○ WSDOT Standard Specifications 2026
○ WSDOT Local Agency Guidelines (LAG)
○ WSDOT Environmental Categorical Exemption. (CE) Guide
○ WSDOT Right of Way (ROW) Manual.
4.2 DESIGN COORDINATION CITY AND OTHER DISCIPLINES
● Coordination with the City of Pasco transportation group to discuss drafting details,
sheet templates, and plan set setup by one staff member virtually.
● Design approaches coordination with the City of Pasco’s engineering departments and
Construction Departments will occur at 30% design evaluation.
ENVIRONMENTAL SUPPORT
● This phase work will not be performed by MacKay Sposito.
4.3 30% CIVIL DESIGN
This task includes preparing the 30% conceptual geometric layout and paving design.
● Following the topographic survey, conduct a site visit to review existing conditions
along project limits.
● Review ramps along the corridor using WSDOT ADA Measurement Form. Identify
pedestrian curb ramps that are non-ADA compliant within project limits.
● The City will determine any PROWAG requirements at the signalized intersections.
● Prepare a preliminary pavement design consistent with City Standards and WSDOT
requirements. Make recommendations on inclusion of paving fabric or asphalt fibers
to maximize service life.
● The City will notify private utilities and permitting authorities of pending improvements.
● Prepare a preliminary design concept, including proposed pavement section, and
conceptual plan sheets showing the extent of the improvements. Include preliminary
channelization and striping layout and conceptual intersection ADA ramps layout.
See sheet list Table 1. 100% Design Engineering for anticipated plan sheets.
● Prepare a preliminary cost estimate and approximate quantities.
● Prepare the area of potential effect (APE) package per the WSDOT Local Agency
Guidelines (LAG) Manual which will be used to obtain coverage under the WSDOT
Section 106 Programmatic Agreement Exemption.
● The City will request WSDOT to coordinate with the Washington State Department of
Archaeology and Historic Preservation (DAHP), including recommended consultation
with any affected tribes.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
13
● Transmit 30% design plans and Engineer's opinion of construction cost to the City for
review and approval.
● Coordinate and attend a virtual NEPA kickoff meeting with the City, WSDOT Local
Programs, and other relevant parties.
● The City will coordinate with all utilities within the Project limits. No relocation of
utilities within the Project limits will be done by others.
The following describes tasks performed by MacKay Sposito, please see Common Street Scope
of Services in Appendix A for full scope of the right of way phase.
● Prepare for and attend early design development meetings with the Common Street or
the project team.
● Prepare preliminary ROW plans.
● Schedule and attend necessary meetings during development of the ROW Plan.
● Review preliminary documents prepared by ROW subconsultant.
● Prepare final ROW Plans and transmit to the City for WSDOT Acceptance
● Documentation provided by Commonstreet will be transmitted to the City for review,
concurrence, and WSDOT review and approval.
● Respond to inquiries and needs identified by your team, the City and/or Project
Stakeholders.
● Maintain quality control/quality assurance protocols in the execution of the ROW
tasks.
● Commonstreet will manage Right of Way Team sub-consultants to prepare each
Administrative Offer Settlement (AOS) or prepare the AOS in-house.
DELIVERABLES
● 30% plan set in PDF as listed in Table 1.
● Preliminary ROW plans for City and WSDOT Review in AutoCAD and PDF format.
● Right of Way Project Funding Estimate (PFE), PDF format Prepared by Commonstreet.
● Attend up to (8) virtual meetings with the subconsultant.
ASSUMPTIONS
● No paving design is required.
● See sheet list in Table 1. anticipated plan sheets.
● It is estimated that 63 ramps are currently noncompliant with ADA requirements. Up
to an additional 16 ramps will be designed for a total of 79 ramps.
● Newly constructed ADA ramps meet ADA compliance.
● The City will provide all coordination with WSDOT traffic office to obtain concurrence.
● Plans and specification review for all submittals to be tracked in Bluebeam studio
session. MacKay Sposito to log comments and identify how comments are addressed.
● Approximately 20 pavement cores to be obtained by MacKay Sposito.
● City to provide PCI scores of Lewis Street for MacKay Sposito review.
● No changes to the existing channelization, pavement markings, signage, and/or loop
replacements for signalized intersections are required.
● Please see Commonstreet scope Appendix A.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
14
4.4 60% CIVIL DESIGN
The 60% design includes preparing plans, and an estimate of probable construction cost. Key
elements include:
● Incorporate review comments from 30% design.
● Review ADA feature surveying and recommend ramps to be replaced.
● Intersection curb returns and curb ramp grading design.
● 60% roadway/pavement restoration design and details with roadway channelization,
pavement markings, and loop replacement.
● 60% estimate of probable construction cost.
● Transmit 60% design plans, engineer's opinion of construction cost, and outline of
design specifications to the City for review and approval.
● The City will provide and transmit 60% design plans to impacted utility companies, Ben
Franklin Transit (BFT), United States Postal Service (USPS), and Pasco School District
(PSD). MacKay Sposito will coordinate with utilities and USPS. City to coordinate with
BFT and PSD.
● Attend one (1) virtual meeting with the City to review the 60% transmittal package.
● Post NEPA ROW services
DELIVERABLES
● 60% estimate of probable construction cost in Excel format
● 60% plan set in PDF as listed in Table 1.
● Comment Notes with responses in Excel format
ASSUMPTIONS
● There are net 0 sf impacts of non-polluting and pollution generating.
● No roadway profiles are required.
● No storm drainage work is required for ADA ramps or throughout the project limits.
4.5 90% CIVIL DESIGN
The 90% design includes preparation of plans, specifications, and estimate of probable
construction cost. Key elements include:
● Incorporate review comments from 60% design
● Prepare 90% design plans, see sheet list Table 1. for anticipated plan sheets.
● 90% roadway/pavement restoration design and details with roadway channelization,
pavement markings, and loop replacement.
● 90% intersection returns and curb ramps detailed grading.
● 90% Class “A” signing plan (West of Downtown and East of Oregon Avenue.
● 90% ROW plan
● 90% estimate of probable construction cost
● 90% specifications
● Transmit 90% design plans, Engineer's opinion of construction cost, and specifications
to the City for review and approval.
● Attend one (1) virtual meeting with the City to review the 90% transmittal package.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
15
● The City will transmit relevant documentation to request WSDOT DBE/Training goals
for inclusion in 100% submittal.
● The City will initiate Construction Stormwater General Permit, TESC, and SWPPP.
● Post NEPA ROW services
DELIVERABLES
● 90% engineers estimate of probable cost in Excel format
● 90% specification in Microsoft Word
● 90% plan set in PDF as listed in Table 1.
● Comment Notes with responses in Excel format
ASSUMPTIONS
● See sheet list in Table 1. 100% Design Engineering for anticipated plan sheets.
● The City will prepare the contract documents.
● The City will provide PCI scores of Lewis Street for MacKay Sposito review.
● The City will provide WSDOT approved Division 1, MacKay Sposito is responsible for
Divisions 2-9.
4.6 100% CIVIL DESIGN
● Incorporating comments from 90% of the design will be progressed to Final plans,
specifications, and estimate.
DELIVERABLES
● 100% estimate of probable construction costs
● 100% project bid documents, contracts, specifications, and special provisions.
● Prepare Record of Materials (ROM) for City and WSDOT review.
● 100% plan set in PDF as listed in Table 1. for anticipated plan sheets.
● The City will prepare the contract documents.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
16
Table 1- List of Plan Sheets Deliverables at each Design Stages
Plan Sheet Description Scale No. of
Sheets
30%
Plan
Sheets
60%
Plan
Sheets
90%
Plan
Sheets
100%
Plan
Sheets
Cover Sheet with Vicinity Map
and Sheet Index
NA 1 X X X X
Legend & General Notes NA 1 X X X X
Typical Roadway Sections TBD 3 X X X X
Paving/Pavement
Markings/Loop Replacement
Plans
40 40 X X X X
Project Details TBD 3 X X X X
Curb Ramps Plan Details
(Demo & New)
TBD 40 X X X X
Class “A” Signing Plan (West of
Downtown and East of Oregon
Avenue)
TBD 2 X X X
Traffic Control Plan 20 4 X X
Traffic Control Plan Details TBD 4 X X
Totals 100 90 92 100 100
ASSUMPTIONS
● The City will prepare the contract documents.
● WSDOT design review is limited to an informal review. A separate scope and budget
will be prepared if design coordination and documentation for WSDOT approval are
needed.
● Sheet setup and design drafting will be based on the City of Pasco drafting standards.
The plan sheets will be set up to full size 34x22, with the scale as shown in Table 1.
The submittals will be in PDF format. CAD drawings are available on request.
● The curb ramp design will be performed to the maximum feasible for all intersections.
It is estimated that 63 ramps are currently noncompliant with ADA requirements. Up
to an additional 16 ramps will be designed where no ramps currently exist for a total
of 79 ramps.
● The existing utility information will be included in the civil plans where feasible.
● Traffic control plans will include signage and detours for pedestrian, bicycle and
vehicular movements during construction.
● The Traffic Control Plan scope is based on utilizing W Clark Street as a detour for W
Lewis Street and E Alvina for E Lewis Street. One lane shall remain open in both
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
17
directions.
● The ROW plan will include preliminary right of way plans and partial acquisitions. Any
easements, temporary construction permits and exhibits for project impacts on the
surrounding businesses is not in this scope. MacKay Sposito will provide services for
legal descriptions, property appraisals, negotiations, and acquisitions. Major design
changes as the result of negotiation with the property owners are not included.
● Project Special Provisions will be based on the current Washington State Department
of Transportation Standard Specifications for Road, Bridge, and Municipal
Construction, as well as incorporating the City of Pasco Amendments to the WSDOT
Standard Specifications for Water, Sewer, and Surface Water Construction, and APWA
General Special Provisions (GSP)s. The City of Pasco will provide a sample
specification for all special provisions. The City will be responsible for preparing the
Division 1 specifications and MacKay Sposito Divisions 2-9 with assistance from the
City of Pasco.
● Estimates of probable construction cost will be prepared at the 30%, 60%, 90% and
100% design stages. The cost analysis will be based on unit prices from recent similar
projects. The estimate of probable construction cost will be prepared for the project
as a whole and does not include separate block by block estimates.
● 90% Design - Minor revisions to design documents to incorporate permit and owner
comments. Substantial deviation from the design documented in the 60% design
phase may require additional services to accommodate.
●
5.0 BIDDING SUPPORT
5.1 BIDDING SUPPORT
● Answer and supply such information as requested by prospective bidders.
● Issue one (1) addendum including modifications of up to one (1) plan sheet and up to
one (1) specification section.
ASSUMPTIONS
● MacKay Sposito services are limited to one bid addendum and answer questions
from prospective bidders.
6.0 CONSTRUCTION SUPPORT
6.1 AS-BUILT SUPPORT
● Provide as-built support at construction completion.
DELIVERABLES
• Native AutoCAD file and one pdf.
ASSUMPTIONS
● MacKay Sposito services are limited to assumptions of the existing scope and two
(2) change orders.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Engineering and Related Services
Lewis Street Pavement Preservation, Federal Aid No. NHPP-3230(007)
July 17, 2025
18
APPENDICES
APPENDIX A: REAL ESTATE SERVICES SCOPE - (COMMONSTREET) & WSDOT ICR
APPENDIX B: GEOTECHNICAL INVESTIGATIONS AND HAZARDOUS MATERIALS -
(GEOPROFESSIONAL INNOVATION CORP - GPI) & WSDOT ICR
APPENDIX C: PROJECT SCHEDULE
APPENDIX D: MACKAY SPOSITO FEE SHEET & RATE TABLE & WSDOT ICR
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
EXHIBIT A
Right of Way Services
Commonstreet
APPENDIX
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
(206)920-4017
info@csrow.com
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DĂƌLJĂŶŶĞƵŬŽǁƐŬŝ͕W͘ ͘
DĂĐŬĂLJ^ƉŽƐŝƚŽ
ϭϭϭϬKƐƉƌĞLJWŽŝŶƚĞůǀĚ͕^ƚĞϭϬϱ
WĂƐĐŽ͕t͘ϵϵϯϬϭ
ZĞ͗^ĐŽƉĞĂŶĚ&ĞĞWƌŽƉŽƐĂůʹŝƚLJŽĨWĂƐĐŽ͗>ĞǁŝƐ^ƚƌĞĞƚWĂǀĞŵĞŶƚWƌĞƐĞƌǀĂƚŝŽŶ
dŚĂŶŬLJŽƵĨŽƌƚŚĞŽƉƉŽƌƚƵŶŝƚLJƚŽƉƌŽǀŝĚĞƌŝŐŚƚŽĨǁĂLJƐĞƌǀŝĐĞƐĨŽƌƚŚŝƐŝŵƉŽƌƚĂŶƚWĂǀĞŵĞŶƚWƌĞƐĞƌǀĂƚŝŽŶĚĞƐŝŐŶ
ƉƌŽũĞĐƚĨŽƌƚŚĞŝƚLJŽĨWĂƐĐŽ͘/ƚŝƐŽƵƌƵŶĚĞƌƐƚĂŶĚŝŶŐƚŚĂƚŽŵŵŽŶƐƚƌĞĞƚŝƐƉƌŽǀŝĚŝŶŐƚƵƌŶͲŬĞLJƌŝŐŚƚŽĨǁĂLJ
ƐĞƌǀŝĐĞƐĨŽƌƚŚĞ>ĞǁŝƐ^ƚƌĞĞƚƉƌŽũĞĐƚ͘dŚŝƐǁŽƌŬǁŝůůŝŶĐůƵĚĞĞĂƌůLJĚĞƐŝŐŶͬƉƌĞͲĂĐƋƵŝƐŝƚŝŽŶƐƵƉƉŽƌƚƐĞƌǀŝĐĞƐ͕
ǀĂůƵĂƚŝŽŶƐ͕ƉƌŽƉĞƌƚLJŽǁŶĞƌŶĞŐŽƚŝĂƚŝŽŶƐĂŶĚĂĐƋƵŝƐŝƚŝŽŶĚŽĐƵŵĞŶƚĂƚŝŽŶ͕ĂŶĚtĂƐŚŝŶŐƚŽŶ^ƚĂƚĞĞƉĂƌƚŵĞŶƚŽĨ
dƌĂŶƐƉŽƌƚĂƚŝŽŶ;t^KdͿĐĞƌƚŝĨŝĐĂƚŝŽŶƐƵƉƉŽƌƚ͘dŚĞƐĐŽƉĞĂŶĚĨĞĞƉƌŽƉŽƐĂůƉƌŽǀŝĚĞĚŚĞƌĞŝŶŝƐŝŶƌĞƐƉŽŶƐĞƚŽ
ƌĞƋƵĞƐƚĨŽƌĂƐĐŽƉĞĂŶĚĨĞĞĨŽƌĂƉƌŽũĞĐƚǁŝƚŚ&ĞĚĞƌĂů,ŝŐŚǁĂLJĚŵŝŶŝƐƚƌĂƚŝŽŶ;&,tͿĨƵŶĚŝŶŐŝŶƚŚĞ
WƌĞůŝŵŝŶĂƌLJ ŶŐŝŶĞĞƌŝŶŐ͕ZŝŐŚƚŽĨtĂLJ͕ŽƌŽŶƐƚƌƵĐƚŝŽŶƉŚĂƐĞƐĂŶĚŝƐďĂƐĞĚŽŶ/Zͬ&ZƌĂƚĞƐ͘
^ĐŽƉĞ^ƵŵŵĂƌLJĂŶĚWƌŽũĞĐƚhŶĚĞƌƐƚĂŶĚŝŶŐ
dŚĞĨĞĞƉƌŽƉŽƐĂůƉƌŽǀŝĚĞĚŚĞƌĞŝŶĂƌĞďĂƐĞĚƵƉŽŶĂŶĂƐƐƵŵƉƚŝŽŶŽĨƉŽƚĞŶƚŝĂůZKtŝŵƉĂĐƚƐƚŽƵƉƚŽŶŝŶĞ;ϵͿ
ƉĂƌĐĞůƐ͘/ƚŝƐƵŶĚĞƌƐƚŽŽĚƚŚĂƚĂŶLJĐŚĂŶŐĞŝŶƐĐŽƉĞǁŝůůƌĞƋƵŝƌĞĂŶĂŵĞŶĚŵĞŶƚŝŶƐĐŽƉĞĂŶĚĨĞĞ͘ůůƌŝŐŚƚŽĨǁĂLJ
ĂĐƚŝǀŝƚŝĞƐǁŝůůĐŽŵƉůLJǁŝƚŚƚŚĞhŶŝĨŽƌŵZĞůŽĐĂƚŝŽŶƐƐŝƐƚĂŶĐĞĂŶĚZĞĂůWƌŽƉĞƌƚLJĐƋƵŝƐŝƚŝŽŶWŽůŝĐŝĞƐĐƚ;hZͿ͕
t^Kd>'ŵĂŶƵĂů͕ĂŶĚƚŚĞŝƚLJ͛Ɛt^KdƉƉƌŽǀĞĚZKtWƌŽĐĞĚƵƌĞƐ͘dŚŝƐŝƐĂƚŽƚĂůĂŵŽƵŶƚŶŽƚƚŽĞdžĐĞĞĚ
;Ed ͿďƵĚŐĞƚĂŶĚĂůůŽĐĂƚŝŽŶďĞƚǁĞĞŶƐƵďƚĂƐŬƐŝƐĨŽƌƌĞĨĞƌĞŶĐĞŽŶůLJĂŶĚĚŽĞƐŶŽƚĐŽŶƐƚŝƚƵƚĞƐĞƉĂƌĂƚĞďƵĚŐĞƚƐ
ĨŽƌĞĂĐŚƐƵďƚĂƐŬ͘
ƐƐƵŵƉƚŝŽŶƐ
x dŚĞWƌĞůŝŵŝŶĂƌLJ ŶŐŝŶĞĞƌŝŶŐ͕ZŝŐŚƚŽĨtĂLJ͕ŽƌŽŶƐƚƌƵĐƚŝŽŶƉŚĂƐĞƐŽĨƚŚĞƉƌŽũĞĐƚŚĂǀĞĨĞĚĞƌĂůĨƵŶĚŝŶŐ
ĂŶĚt^KdZKtĞƌƚŝĨŝĐĂƚŝŽŶǁŝůůďĞƌĞƋƵŝƌĞĚ͘
x dŚĞŝƚLJƌĞƋƵŝƌĞƐŶŽŵŽƌĞƚŚĂŶŶŝŶĞ;ϵͿƉĂƌƚŝĂůĂĐƋƵŝƐŝƚŝŽŶƐĨƌŽŵϵƉĂƌĐĞůƐ͘
x dŚĞƌĞĂƌĞŶŽĨƵůůĂĐƋƵŝƐŝƚŝŽŶƐ͘
x EŽĚĞƐŝŐŶĐŚĂŶŐĞƐǁŝůůŽĐĐƵƌĂĨƚĞƌƚŚĞŝŶŝƚŝĂůǀĂůƵĂƚŝŽŶĂƐƐŝŐŶŵĞŶƚŝƐĂƵƚŚŽƌŝnjĞĚ͘
x >ĞŐĂůĚĞƐĐƌŝƉƚŝŽŶƐƐƵŝƚĂďůĞĨŽƌƌĞĐŽƌĚŝŶŐĂŶĚŵĞĞƚŝŶŐĂůůt^KdƌĞƋƵŝƌĞŵĞŶƚƐǁŝůůďĞƉƌŽǀŝĚĞĚƚŽ
ŽŵŵŽŶƐƚƌĞĞƚĨƌŽŵĂůŝĐĞŶƐĞĚƐƵƌǀĞLJĐŽŵƉĂŶLJ͘
x EŽŽĐĐƵƉĂŶƚƐŽƌƉĞƌƐŽŶĂůƉƌŽƉĞƌƚLJǁŝůůďĞĚŝƐƉůĂĐĞĚƌĞƋƵŝƌŝŶŐƌĞůŽĐĂƚŝŽŶƐĞƌǀŝĐĞƐĂŶĚŶŽƌĞůŽĐĂƚŝŽŶ
ƐĞƌǀŝĐĞƐǁŝůůďĞƌĞƋƵŝƌĞĚ͘
x dŚĞŝƚLJǁŝůůƉƌŽǀŝĚĞZKtĚŽĐƵŵĞŶƚƚĞŵƉůĂƚĞƐŽƌŽŵŵŽŶƐƚƌĞĞƚǁŝůůƵƚŝůŝnjĞt^KdƚĞŵƉůĂƚĞƐĂŶĚ
ƉƌŽǀŝĚĞƚŽƚŚĞŝƚLJĨŽƌƌĞǀŝĞǁĂŶĚĂƉƉƌŽǀĂů͘
x EŽŵŽƌĞƚŚĂŶŶŝŶĞ;ϵͿƉƉƌĂŝƐĂůtĂŝǀĞƌƐ;K^ͿǁŝůůďĞƌĞƋƵŝƌĞĚ͘
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Page 2
^KW E& WZKWK^>ͮ >ĞǁŝƐ^ƚƌĞĞƚWĂǀĞŵĞŶƚWƌĞƐĞƌǀĂƚŝŽŶ
x /ĨŝŵƉĂĐƚƐŵĂŬĞĂŶLJƉĂƌĐĞů;ƐͿ ŝŶĞůŝŐŝďůĞĨŽƌǀĂůƵĂƚŝŽŶďLJK^͕ĂŶĂƉƉƌĂŝƐĂůĂŶĚĂƉƉƌĂŝƐĂůƌĞǀŝĞǁǁŝůůďĞ
ĐŽŵƉůĞƚĞĚ͘ƉƉƌĂŝƐĂůĂŶĚĂƉƉƌĂŝƐĂůƌĞǀŝĞǁƐǁŝůůƌĞƋƵŝƌĞĂĚĚŝƚŝŽŶĂůƐĐŽƉĞĂŶĚĨĞĞ͘
x dŝƚůĞƌĞƉŽƌƚƐǁŝůůďĞƉƌŽǀŝĚĞĚďLJƚŚĞŝƚLJ͘
x dŚĞŝƚLJǁŝůů ƉĂLJĚŝƌĞĐƚůLJƚŽƚŚĞƚŝƚůĞĐŽŵƉĂŶLJĂůůĞdžƉĞŶƐĞƐĨŽƌƚŝƚůĞĐŽŵŵŝƚŵĞŶƚƐ͕ƌĞĐŽƌĚŝŶŐĨĞĞƐ͕
ĞƐĐƌŽǁƐĞƌǀŝĐĞƐ͕ĂŶĚƚŝƚůĞŝŶƐƵƌĂŶĐĞ͘
x /ĨƚŚĞEŽƚŝĐĞƚŽWƌŽĐĞĞĚ;EdWͿŝƐƌĞĐĞŝǀĞĚĂĨƚĞƌϭϮϬĚĂLJƐĨƌŽŵƚŚŝƐƉƌŽƉŽƐĂů͕ĨĞĞƐĂŶĚďŝůůŝŶŐƌĂƚĞƐŵĂLJ
ƌĞƋƵŝƌĞƌĞǀŝƐŝŽŶƚŽƌĞĨůĞĐƚĐŽƐƚŽĨůŝǀŝŶŐŝŶĐƌĞĂƐĞƐĂŶĚĐƵƌƌĞŶƚďƵƐŝŶĞƐƐĐŽŶĚŝƚŝŽŶƐ͘
ĞƐƚƌĞŐĂƌĚƐ͕
DŽƌŐĂŶŝƐŚŽƉ
^ĞŶŝŽƌWƌŽũĞĐƚDĂŶĂŐĞƌ
^ĐŽƉĞŽĨ^ĞƌǀŝĐĞƐ
WƌĞůŝŵŝŶĂƌLJZŝŐŚƚŽĨtĂLJĐƋƵŝƐŝƚŝŽŶƐĐƚŝǀŝƚŝĞƐ
x WƌĞƉĂƌĞĨŽƌĂŶĚĂƚƚĞŶĚĞĂƌůLJĚĞƐŝŐŶĚĞǀĞůŽƉŵĞŶƚŵĞĞƚŝŶŐƐĂƐƌĞƋƵĞƐƚĞĚďLJƚŚĞŝƚLJŽƌƚŚĞƉƌŽũĞĐƚƚĞĂŵ͖
x WĞƌĨŽƌŵdŝƚůĞ^ĞĂƌĐŚĞƐĂŶĚZĞǀŝĞǁƐ͖
x ŽŶƐƵůƚĂƚŝŽŶĚƵƌŝŶŐĚĞǀĞůŽƉŵĞŶƚŽĨZKtWůĂŶ͖
x WƌŽǀŝĚĞZKt&ƵŶĚŝŶŐ ƐƚŝŵĂƚĞ;ZKt& Ϳ͘
^ĐŽƉĞŽĨ^ĞƌǀŝĐĞƐ
dĂƐŬϭ͘Ϭʹ ZKtWƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ
x WƌĞƉĂƌĞĨŽƌĂŶĚĂƚƚĞŶĚĚĞƐŝŐŶĚĞǀĞůŽƉŵĞŶƚŵĞĞƚŝŶŐƐĂƐƌĞƋƵĞƐƚĞĚďLJƚŚĞŝƚLJŽƌƚŚĞƉƌŽũĞĐƚƚĞĂŵ͖
x WƌŽǀŝĚĞƉƌĞͲĂĐƋƵŝƐŝƚŝŽŶƐĞƌǀŝĐĞƐĂƐƌĞƋƵĞƐƚĞĚďLJƚŚĞŝƚLJŽƌƉƌŽũĞĐƚƚĞĂŵƚŽƐƵƉƉŽƌƚĚĞƐŝŐŶ
ĚĞǀĞůŽƉŵĞŶƚ͖
x ZĞƐƉŽŶĚƚŽŝŶƋƵŝƌŝĞƐĂŶĚŶĞĞĚƐŝĚĞŶƚŝĨŝĞĚďLJLJŽƵƌƚĞĂŵ͕ƚŚĞŝƚLJ ĂŶĚͬŽƌWƌŽũĞĐƚ^ƚĂŬĞŚŽůĚĞƌƐ͖
x KǀĞƌƐŝŐŚƚŽĨƉƌĞůŝŵŝŶĂƌLJZKtĂĐƚŝǀŝƚŝĞƐƚŽĐŽŵƉůLJǁŝƚŚt^KdƌĞƋƵŝƌĞŵĞŶƚƐ͖
x WƌŽǀŝĚĞǁƌŝƚƚĞŶĂŶĚŽƌĂůƐƚĂƚƵƐƵƉĚĂƚĞƐŽŶƌŝŐŚƚŽĨǁĂLJĂĐƚŝǀŝƚŝĞƐ͖
x WƌŽǀŝĚĞŽǀĞƌƐŝŐŚƚƚŽĂůůĂƐƉĞĐƚƐŽĨƚŚĞƌŝŐŚƚŽĨǁĂLJƉƌŽŐƌĂŵ͖
x ZĞǀŝĞǁŝƚLJ͛ƐĂƉƉƌŽǀĞĚZŝŐŚƚŽĨtĂLJWƌŽĐĞĚƵƌĞƐ͖
x ĞǀĞůŽƉĂŶĚĞdžĞĐƵƚĞƚŚĞZŝŐŚƚŽĨtĂLJƉƌŽŐƌĂŵŝŶĐŽŵƉůŝĂŶĐĞǁŝƚŚƐƚĂƚĞůĂǁ͕hŶŝĨŽƌŵĐƚĂŶĚt^Kd
ƌĞƋƵŝƌĞŵĞŶƚƐ͖
x WƌŽǀŝĚĞŽǀĞƌƐŝŐŚƚŽĨZKtĂĐƚŝǀŝƚŝĞƐƚŽĐŽŵƉůLJǁŝƚŚt^KdĐĞƌƚŝĨŝĐĂƚŝŽŶƌĞƋƵŝƌĞŵĞŶƚƐ͖
x DĂŝŶƚĂŝŶƋƵĂůŝƚLJĐŽŶƚƌŽůͬƋƵĂůŝƚLJĂƐƐƵƌĂŶĐĞƉƌŽƚŽĐŽůƐŝŶƚŚĞĞdžĞĐƵƚŝŽŶŽĨƚŚĞƌŝŐŚƚŽĨǁĂLJƚĂƐŬƐ͖
x ŽŽƌĚŝŶĂƚĞƚŝƚůĞƌĞǀŝĞǁƐ͘
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Page 3
^KW E& WZKWK^>ͮ >ĞǁŝƐ^ƚƌĞĞƚWĂǀĞŵĞŶƚWƌĞƐĞƌǀĂƚŝŽŶ
dĂƐŬϮ͘Ϭʹ sĂůƵĂƚŝŽŶ ^ĞƌǀŝĐĞƐ
x ŽŽƌĚŝŶĂƚĞǀĂůƵĂƚŝŽŶƚĂƐŬĂŶĚĂŶLJƐƵďĐŽŶƐƵůƚĂŶƚƐ͖
x WƌŽǀŝĚĞĂůůĚŽĐƵŵĞŶƚĂƚŝŽŶƌĞƋƵŝƌĞĚƚŽĐŽŵƉůĞƚĞƉƉƌĂŝƐĂůtĂŝǀĞƌƐ ƐƵƉƉŽƌƚŝŶŐŝƚLJ͛ƐĞƚĞƌŵŝŶĂƚŝŽŶƐŽĨ
sĂůƵĞĂŶĚŝŶƚĞŐƌĂƚĞĨŝŶĚŝŶŐƐŝŶƚŽŽĨĨĞƌƉĂĐŬĂŐĞƐ.
x ŽŵŵŽŶƐƚƌĞĞƚǁŝůůŵĂŶĂŐĞZŝŐŚƚŽĨtĂLJdĞĂŵƐƵďͲĐŽŶƐƵůƚĂŶƚƐƚŽƉƌĞƉĂƌĞĞĂĐŚK^ ŽƌƉƌĞƉĂƌĞƚŚĞ
K^ŝŶͲŚŽƵƐĞ͖
x ŽŽƌĚŝŶĂƚĞƚŚĞĚĞǀĞůŽƉŵĞŶƚŽĨsͬ:ƵƐƚŽŵƉĞŶƐĂƚŝŽŶĂƉƉƌŽǀĞĚďLJƚŚĞŐĞŶĐLJ͘
dĂƐŬϯ͘ϬͲ EĞŐŽƚŝĂƚŝŽŶƐ͕ĚŵŝŶŝƐƚƌĂƚŝǀĞ^ĞƚƚůĞŵĞŶƚƐ͕YͬY
x ƌĞĂƚĞƐƚĂƚĞĂŶĚĨĞĚĞƌĂůĐŽŵƉůŝĂŶƚƉƌŽũĞĐƚĨŝůĞƐĨŽƌĞĂĐŚƉĂƌĐĞů͖
x ZĞƋƵĞƐƚƚŚĞŝƚLJŽƌĚĞƌ ŶĞǁĂŶĚͬŽƌƵƉĚĂƚĞƐƚŽĞdžŝƐƚŝŶŐƚŝƚůĞĐŽŵŵŝƚŵĞŶƚƐ͖
x ZĞǀŝĞǁŽĨĂůůǀĂůƵĂƚŝŽŶĂŶĚĐŽŵƉĞŶƐĂƚŝŽŶĚĂƚĂ͖
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Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
EXHIBIT B
Geotechnical Services
Geoprofessional Innovation - GPI
APPENDIX
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
July 1, 2025
File: PUP25172
Maryanne Zukowski, P.E.,
& Paul Harmsen, P.E.
Mackay Sposito, Inc.
1110 Osprey Pointe Blvd.
Suite 105
Pasco, WA 99301
RE: Revised Proposal
GeoProfessional Services
Lewis Street Pavement Preservation
Pasco, Washington
Greetings, Paul and Maryanne.
GeoProfessional Innovation Corporation (GPI) appreciates the opportunity to assist Mackay Sposito, Inc.
(Mackay Sposito) by providing GeoProfessional services to aid your evaluation and design for the Lewis Street
Pavement Preservation Project located in Pasco, Washington. The following sections summarize our project
understanding, proposed scope of services, anticipated schedule, and fee estimate.
PROJECT UNDERSTANDING
Our project understanding is based on reviewing the Request for Qualifications (RFQ) prepared by the City of
Pasco (City) dated September 2024, as well as our discussions with you. This proposal has been revised based
on comments made by the City on our last revised scope dated June 16, 2025. The City seeks to preserve and
improve a significant portion of Lewis Street by milling the existing asphalt surface and constructing a new
asphalt overlay. Alternatively, some portions may receive full-depth pavement reconstruction. The planned
improvement alignment comprises approximately 2.94 miles of Lewis Street from the Road 28 to 5th Avenue
intersections and from Oregon Avenue to Highway 12 intersections. The portion of Lewis Street that was
recently improved via the Overpass project is excluded from this evaluation.
Figure 1: Lewis Street Pavement Preservation Project Alignment
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Proposal
Lewis Street Pavement Preservation
File: PUP25172A
Page 2
You have requested GPI perform coring to measure existing pavement and base course sections. You have also
requested GPI perform a hazardous materials evaluation within the planned improvement area. This will aid
MacKay Sposito and the City in evaluating potential hazardous materials issues to navigate throughout the
improvements.
SCOPE OF SERVICES
Based on our project understanding outlined above, GPI proposes to provide the following scope of
geotechnical services.
Pavement Section Exploration
1. GPI will traverse the alignment and identify up to 20 coring locations within the planned improvement area.
Once identified and marked, GPI will rely on these markings to coordinate exploration with the City and the
Washington Utility Notification Center to mark out public utilities prior to exploration.
2. Subcontract traffic control to direct traffic around our work area while GPI staff is operating within the
existing paved surface. The traffic control firm will prepare and provide a traffic control plan for the City’s
review. During exploration, traffic control will include signage, cones, and certified flaggers as deemed
necessary by the traffic control consultant selected.
3. Perform pavement section exploration along the planned roadway alignments via 20 cores to penetrate
existing asphalt and base course sections below the pavement section. In each core location, we will measure
the existing asphalt section and any aggregate support section thickness. Where possible, we will collect
samples of the existing base course and subgrade soil within the upper 1 to 1.5 feet below the pavement
surface.
Explorations will be loosely backfilled upon completion, plugged with site soil, and patched with cement
concrete or grout. Some surface damage and markings to the existing asphalt in exploration locations must
be anticipated as part of exploration.
Summary Report
4. Provide our electronic report summarizing exploration findings, including a summary of measured asphalt
and base course thicknesses, photographs of asphalt cores retrieved from the roadway and other notes
regarding our field observations.
Hazardous Materials Evaluation
Task 1. Site Screening Review and Risk Analysis
1. Geologic and Groundwater Conditions: GPI will review readily available information regarding geologic and
groundwater conditions within the project corridor to assess potential migration of known or suspected
contaminants that may affect the project. Existing groundwater information will be obtained from Ecology
File Review research (conducted during Screening and Validation as noted below), geologic and
groundwater reports for the area, or the WSDOT Project’s Water Quality, Groundwater, Shoreline, and/or
Floodplain Discipline Reports. GPI will also evaluate groundwater levels via reviewing well logs published
on the ecology website or any existing piezometer data provided by the City.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Proposal
Lewis Street Pavement Preservation
File: PUP25172A
Page 3
2. Regulatory Database Records: GPI will review the Washington Department of Ecology (DOE) facility
database website and mapper to identify regulated facilities along the project area. We will compile listings
of regulatory database records of potential contaminant sources in the vicinity of the project area,
referencing the requirements for minimum search distance referenced in ASTM E1527-21 Standards. GPI
will coordinate with WSDOT to obtain approval from our regulatory database provider, Envirosite
Corporation, prior to ordering the database report. The regulatory database report results will be attached
to the draft and final report.
3. Screening, Validation, Agency File Review, and Risk Analysis: GPI will evaluate the compiled information
and describe and utilize a logical screening methodology to eliminate sites that pose little to no risk and
do not warrant further investigation. After screening out low-impact probability sites, we will create a
table of validated sites that may affect the environment during construction. For the subset of sites
identified as posing a potential impact, GPI will perform an agency website and file review to obtain site-
specific information for regulatory listed sites that may pose a significant impact. We will evaluate
compiled information and assign a risk level as described in the WSDOT Guidance and Standard
Methodology for WSDOT Hazardous Materials Discipline Reports, June 2009.
Task 2. Project Impact Evaluation
4. Sites of concern identified during the site screening process will be evaluated for the type of impact
(standard or project-specific) on the environment, construction, or the City’s and WSDOT’s liability. GPI
will correspond with WSDOT Hazardous Materials Program to discuss the results of the evaluation.
Task 3. Final Report with Impact Statement
5. GPI will prepare a report referencing the outline in Table 2-Outline for WSDOT Hazardous Material
Memorandum, published in the “Right Size” your Hazardous Materials Discipline Report guidance
published by WSDOT in April 2020. We will document the findings and opinions and, if warranted, provide
recommendations for additional assessment for specific properties that may affect the City during the
construction phase of the project. Any additions, deviations from the requirements, and significant data
gaps will be discussed. The report will be submitted for the City’s and Mackay Sposito’s review. An
electronic copy of the report will be submitted to Mackay Sposito.
LIMITATIONS
The scope of services presented herein does not include providing our evaluation in specific Washington
Department of Transportation (WSDOT) format. We understand our typical report or plan sheet deliverable
format is acceptable for this project. Coordination with the City, State, County, other public or private entities
with respect to permitting, site access, or right-of-way (ROW) considerations (including ROW permit fees) will
be performed by Mackay Sposito.
Our scope does not include civil design, structural design, pavement section design, stormwater system design,
project surveying, stormwater management or erosion control design, preparing a project safety plan,
specification development, individual section analysis, or construction observation. Neither does our scope
include structure evaluation, concrete section design, shoring, life cycle cost analyses, or other design
recommendations. Performing such detailed analyses requires a more detailed evaluation of existing
pavement conditions, performance objectives, and long-term maintenance costs. GPI can provide life cycle
cost analyses or other additional services under an amended scope once exploration and laboratory testing are
accomplished and rehabilitation options are more clearly defined.
Our hazardous materials evaluation scope does not include any aspect of rail alignments. We understand the
only rail alignments within the planned improvement area are beneath the recently improved Lewis Street
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Proposal
Lewis Street Pavement Preservation
File: PUP25172A
Page 4
Overpass and were evaluated as part of that project. Further, our hazardous materials evaluation does not
include or performing a site visit, any analytical testing or soil, concrete, or other materials. If these services
are desired, please contact us for a revised proposal.
No warranties, express or implied, are intended or made by the scope of services presented herein. If we
identify project conditions or required tasks or quantities above and beyond those presented herein, we will
contact MacKay Sposito immediately to discuss necessary changes in our scope. If any additional information
or services as described above are desired, please contact us for a revised proposal.
ANTICIPATED SCHEDULE & FEE ESTIMATE
We anticipate initiating our pavement section exploration within 15 to 20 business days after receiving your
written notice to proceed, pending subcontractor availability, weather, site access restrictions, or other factors
beyond our control. We estimate exploration can occur over the span of 3 days. We anticipate providing our
brief summary of findings within 10 business days after exploration. Our final Hazardous Materials Evaluation
deliverable will be provided within 30 business days after we are authorized. Preliminary information can be
provided upon request to assist your design team.
Based on our understanding of the project concept at this time, and our experience with similar developments,
we propose to perform the geotechnical evaluation on a cost-plus-fixed-fee basis estimated at $29,513.66. Our
manhour and expense fee estimate is provided as Appendix A. Additional evaluation, exploration, testing, or
other services outside of those described herein will increase our fees. However, we will not exceed this
amount without your prior written approval.
AUTHORIZATION
Our services will be provided referencing the terms and conditions outlined in the attached GeoProfessional
Innovation Corporation (GPI) General Conditions. To authorize our services under these terms, please issue a
professional services agreement referencing this proposal for our review and signature.
We look forward to assisting MacKay Sposito with a forward-looking plan to improve Pasco’s infrastructure!
Sincerely,
GPI
Karis J.R. Scharold, E.I.T. Andy J. Abrams, P.E.
Staff Engineer Engineering Services Manager
AJA/mg
Attachments: Appendix A: Manhour and Expense Fee Estimate
Appendix B: GeoProfessional Innovation Corporation (GPI) General Conditions
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
EXHIBIT'
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1EG/E]7TSWMXS
EXHIBIT
APPENDIX
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
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Page 1 of 4Exported on May 29, 2025 1:04:54 PM PDT
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Page 2 of 4Exported on May 29, 2025 1:04:54 PM PDT
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Page 3 of 4Exported on May 29, 2025 1:04:54 PM PDT
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Exhibit B
DBE Participation
Agreement Number:
Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
N/A
24 596
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I.Surveying, Roadway Design & Plans Preparation Section
A.Survey Data
B.Roadway Design Files
C.Computer Aided Drafting Files
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4
AutoCAD Civil 3D 2024
Word
Excel
GIS
AutoCAD Civil 3D 2024
Word
Excel
GIS
AutoCAD Civil 3D 2024
Word
Excel
GIS
24 596
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
D.Specify the Agency’s Right to Review Product with the Consultant
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4
AutoCAD Civil 3D 2024
Word
Excel
N/A
As defined in EXHIBIT A Scope of Work.
24 596
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4
Share Google Drive as provided by MacKay Sposito and email.
City Provided:
Electronic As-builts in AutoCAD and/or PDF.
Electronic City Standard Details AutoCAD and/or PDF.
Electronic Word City Divison 1 Special Provisions (as reviewed by WSDOT)
Electronic Utility Records from Franchise Utilties GIS, AutoCAD, and/or PDF - AutoCAD is prefered.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 4 of 4
GMail
Shared Google Drive
MS Word
MS Excel
MS Project
Google Documents
Google Sheets
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Exhibit D
Prime Consultant Cost Computations
Agreement Number:
Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Per the following fee estimate and hourly rates hereto are made part of this agreement.
24 596
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Exhibit D
Prime Consultant Cost Computations
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
7345 Linderson Way SW
Tumwater, WA 98501-6504
TTY: 1-800-833-6388
www.wsdot.wa.gov
Washington State
Department of Transportation
Development Division
Contract Services Office
PO Box 47408
Olympia, WA 98504-7408
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Exhibit E
Sub-consultant Cost Computations
If no sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI “Sub-Contracting” of this AGREEMENT.
Agreement Number:
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Sub-consultant Cost Computations, ANTE Rates, and WSDOT ICRs are attached.
24 596
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
SCOPE AND FEE TABLE SUMMARY
Preliminary ROW Acquisition Activities
Tasks include prepare for and attend early design
development meetings as requested by the City or the
project team; Title Searches and Reviews; Consultation
during development of ROW Plan; ROW Funding
Estimate (ROWFE) including site inspections, research
and review of costs, data, and analysis required by
WSDOT compliant cost estimate; providing all
Principal @ $300.65/hr @ 2hrs
Senior Project Manager @ $233.56/hr
@ 10 hrs
Senior Project Control Specialist @
$159.08/hr @ 10 hours
$601.30
$2,335.60
$1,590.80
documentation required to complete estimate and
integrating findings into cost estimate.
Right of Way Agent @ $116.78/hr @ 30
hrs
$3,503.40
Preliminary ROW Acquisition Activities Subtotal $8,031.10
Task 1.0 – ROW Project Management Principal @ $300.65/hr @ 2hrs $601.30
Senior Project Manager @ $233.56/@
40 hrs $ 9,342.40
Senior Project Control Specialist @
$159.08/hr @ 25 hours $ 2,728.25
Task 2.0 – Valuation Services Senior Project Manager @ $233.56/@ 5
hrs $ 1,167.80
Senior Project Control Specialist @
$159.08/hr hr @ 4 hours $ 636.32
Nine (9) Appraisal Waivers (AOS) $18,000.00
Task 3.0 – Negotiations, Administrative Settlements, Senior Right of Way Agent @
QA/QC $203.75/hr @ 215 hrs $ 43,806.25
Right of Way Agent @ $116.78/hr @
250 hrs $ 29,195.00
Task 4.0 – WSDOT Certification and File Close Out Sr Project Control Specialist @
$159.08/hr @ 40 hrs
$6,363.20
ROW Acquisition Phase Subtotal $119,871.62
ODC
Mileage
Copying, Mailing, and Delivery
IRS Rate
Actual Costs
$950
$650
TOTAL $121,471.62
Exhibit E
Subconsultant (Common Street) Cost Computations and & ANTE Rates
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Page 5
SCOPE AND FEE PROPOSAL | Lewis Street Pavement Preservation
Actuals Not To Exceed Table (ANTE)
Commonstreet Consulting, LLC
92 Lenora St, PMB 125
Seattle, WA 98121
07/01/2025 to 06/30/2026
Job Classifications
Direct
Labor
Hourly
Billing
Rate NTE
Overhead
NTE
*Fixed
Fee NTE
All
Inclusive
Hourly
Billing
Rate NTE
121.85% 12.00%
Principal / Sr. Advisor / Program
Manager $121.00 $147.44 $32.21 $300.65
Sr. Project Manager / Sr. Field
Manager $94.00 $114.54 $25.02 $233.56
Project Manager / Sr. Right of
Way Agent $82.00 $99.92 $21.83 $203.75
Right of Way Agent / Property
Management Specialist /
Outreach and Engagement
Specialist
$47.00 $57.27 $12.51 $116.78
Sr. Project Control Specialist / Sr.
ROW Technician $64.00 $77.98 $17.04 $159.08
Project Control Specialist / ROW
Technician $48.00 $58.49 $12.78 $119.27
* Fixed fee calculated on Direct and Overhead Rates combined as allowable by WSDOT LAG manual 31.71.4
under 15% without WSDOT approval.
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
April 28, 2025
Commonstreet Consulting, LLC
100 S King Street, Ste. 100
Seattle, WA 98104
Subject: Acceptance FYE 2024 ICR – Audit Office Review
Dear Melinda Diaz:
Transmitted herewith is the WSDOT Audit Office’s memo of “Acceptance” of your firm’s FYE
2024 Indirect Cost Rate (ICR) of 121.85% of direct labor. This rate will be applicable for WSDOT
Agreements and Local Agency Contracts in Washington only. This rate may be subject to
additional review if considered necessary by WSDOT. Your ICR must be updated on an annual
basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
ContractServicesManager
SH:kb
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Exhibit E
Sub-consultant (GeoProfessional Innovation Corp.) Cost Computations & ANTE Rates
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
July 15, 2024
GeoProfessional Innovation Corporation
6 O’Donnell Rd
Pullman, WA 99163
Subject: Acceptance FYE 2023 ICR – Audit Office Review
Dear Mary Gregory:
Transmitted herewith is the WSDOT Audit Office’s memo of “Acceptance” of your firm’s FYE
2023 Indirect Cost Rate (ICR) of 204.37% of direct labor. This rate will be applicable for WSDOT
Agreements and Local Agency Contracts in Washington only. This rate may be subject to
additional review if considered necessary by WSDOT. Your ICR must be updated on an annual
basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH:sms
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Agreement Number ____________ Local Agency A&E Professional Services Cost
Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4.Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including, but not limited to:
a.withholding payments to the contractor under the contract until the contractor complies; and/or
b.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
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Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
•Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
•Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Exhibit G
Certification Documents
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of _______________________________
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
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Agency Official
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
whose address is
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
MacKay Sposito, LLC
18405 SE Mill Plain Blvd Suite 100, Vancouver WA 98683
City of Pasco, WSDOT,
MacKay Sposito, LLC
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Exhibit G-1(b) Certification of
I hereby certify that I am the:
Other
of the , and
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
President/CEO
President/CEO
MacKay Sposito, LLC MacKay Sposito, LLC
City of Pasco, WSDOT,
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Agency
Agency Official
City of Pasco MacKay Sposito
Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I.The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D.Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II.Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
MacKay Sposito, LLC
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Docusign Envelope ID: C7E28475-2C83-4421-B2F5-0C40883CD050
7/23/2025
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000,
and that all such sub-recipients shall certify and disclose accordingly.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
MacKay Sposito, LLC
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7/23/2025
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer ’s
representative in support of * are accurate, complete, and current
**as of .
This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing
rate AGREEMENT’s between the offer or and the Government that are part of the proposal.
Firm:
Signature Title
Date of Execution***:
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
July 18, 2025
Lewis Street Pavement Preservation
MacKay Sposito, LLC
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Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant’s agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
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Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
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Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
•Summation of hours by classification for each firm that is included in the claim;
Any correspondence that directed the consultant to perform the additional work;
Timeframe of the additional work that was outside of the project scope;
•Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency’s project manager. The project manager will review the consultant’s claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
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Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
Copy of information supplied by the consultant regarding the claim;
•Agency’s summation of hours by classification for each firm that should be included in the claim;
Any correspondence that directed the consultant to perform the additional work;
•Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
•Explanation regarding those areas in which the Agency does/does not agree with the consultant’s
claim(s);
Explanation to describe what has been instituted to preclude future consultant claim(s); and
Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
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