HomeMy WebLinkAboutContractAGREEMENT WITH AWP INC. DBA AWP SAFETY FOR TRAFFIC
CONTROL SERVICES TO BURNETT AVE SOUTH FOR SOUTH
RENTON CONNECTION ANNUAL PICNIC
THIS AGREEMENT (“Agreement”) is made as of the date last signed below (the “Effective Date”)
by and between the City of Renton, a Washington municipal corporation (“City”), and AWP, Inc.
DBA AWP Safety, an Ohio profit corporation, (“Contractor”), who are collectively referred to as
the “Parties”, to provide traffic control services to close Mill Ave South. City and Contractor agree
as set forth below.
1. Scope of Work: Contractor will provide all material and labor necessary to perform all
work described in the Scope ofWorkwhich is attached and fully incorporated into this Agreement
by reference as Attachment A. All work described in the Scope of Work will hereinafter be referred
to as the “Work” or “Project”.
2. Changes in Scope of Work: City, without invalidating this Agreement, may order changes
to the Scope of Workconsisting of additions, deletions or modifications, the agreement sum being
adjusted accordingly by the Parties’ mutual agreement. Such changes in the work shall be
authorized by written Change Order or Amendment signed by the Parties.
3. Time of Performance: Contractor shall commence performance of the Agreement no later
than Saturday, July 18, 2026.
4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Work on Saturday, July 18, 2026.
This Agreement may be extended to accomplish change orders, if required, upon mutual
written agreement of City and Contractor.
5. Consideration: In exchange for Contractor’s performance of the items and responsibilities
identified in the Scope of Work, City agrees to make payment in the sum of two thousand, six
hundred sixty-sevenand 43/100dollars ($2,667.43)which includes state and local sales tax. This
amount may be adjusted to a mutually agreed amount based on changes to the Scope of Work.
6. Method of Payment: On a monthly or no less than quarterly basis during any quarter in
which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by
the City, including a description of what Work has been performed, the name of the personnel
performing such Work, any hourly labor charge rate for such personnel, and a statement that
prevailing wages have been paid in accordance with the Statement of Intent. The Consultant shall
also submit a final bill upon completion of all Work. Payment shall be made by the City for Work
performed within thirty (30) calendar days after receipt and approval by the appropriate City
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CAG-26-210
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representative of the voucher or invoice. If the Consultant’s performance does not meet the
requirements of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
7. Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing
wage requirements. Contractor must file with the Washington State Department of Labor and
Industries (“L&I”): a Statement of Intent To Pay Prevailing Wages (“Statement of Intent”) at the
beginning of the Project and an Affidavit of Wages Paid at the end of the Project. A copy of
Contractor’s Statement of Intent, approved by L&I, must be submitted to the City. City’s payments
to Contractor during the course of this Agreement are conditioned upon receipt of a copy of the
approved Statement of Intentsubmitted by Contractor and by any of Contractor’s subcontractors,
if applicable, and upon a statement with each invoice or voucher that prevailing wages have been
paid in accordance with the Statement of Intent.
The State of Washington prevailing wage rates applicable for this Project, which is located
in King County, may be found at the following website address of the Department of Labor and
Industries:
https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/
Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates paid
for the duration of this contract shall be the prime contractor’s bid due date with these exceptions:
x If the project is not awarded within six (6) months of the bid due date, the award date
is the effective date.
x If the project is not awarded pursuant to bids, the date the contract is executed is the
effective date.
Upon request, the City will provide a copy of the applicable prevailing wages for this
Project. Alternatively, the rates may be viewed at the City of Renton City Hall by making an
appointment with the contact person identified herein or prior to contract award with the contact
person identified as the City of Renton contact in Paragraph 16.A of this agreement. Contractor
must pay the greater of prevailing wage or applicable minimum wage.
8. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or
without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of
such termination or suspension, all finished or unfinished documents, data, studies, worksheets,
models and reports, or other material prepared by the Consultant pursuant to this Agreement
shall be submitted to the City, if any are required as part of the Work.
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B. In the event this Agreement is terminated by the City, the Consultant shall be
entitled to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance of Work for
which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share
of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may
have for the violation or nonperformance of any of the provisions of this Agreement and such
charges due to the City shall be deducted from the final payment due the Consultant. No payment
shall be made by the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
9. Hold Harmless: Contractor shall indemnify, defend and hold harmless City, its elected
officials, officers, agents, employees and volunteers, from and against any and all claims, losses
or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees,
legal expenses and litigation costs, arising from injury or death to persons, including injuries,
sickness, disease or death of Contractor’s own employees, agents and volunteers, or damage to
property caused by Contractor’s negligent act or omission, except for those acts caused by or
resulting from a negligent act or omission by City and its officers, agents, employees and
volunteers.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the contractor and
City, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the
extent of Contractor’s negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act, RCW
Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and
agreed to this waiver. The provisions of this section shall survive the expiration or termination of
this Agreement.
10. Insurance: Contractor shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to City that are
excluded in the commercial general liability insurance.
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C. Workers’ compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased,
hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if
there will be any use of Contractor’s vehicles on the City’s Premises by or on behalf of the City,
beyond normal commutes.
E. It is agreed that on Contractor’s commercial general liability policy, the City of
Renton will be named as an Additional Insured on a non-contributory primary basis. City’s
insurance policies shall not be a source for payment of any Contractor liability.
F. Subject to City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to City before executing the work of this Agreement.
G. Contractor shall provide City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
H. Contractor shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverage for
subcontractors shall be subject to the same insurance requirements as stated herein for
Contractor.
11. Discrimination Prohibited: Contractor agrees as follows:
A. Contractor, and Contractor’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual
orientation or preference, age (except minimum age and retirement provisions), honorably
discharged veteran or military status, or the presence of any sensory, mental or physical handicap,
unless based upon a bona fide occupational qualification in relationship to hiring and
employment, in employment or application for employment, the administration of the delivery of
Work or any other benefits under this Agreement, or procurement of materials or supplies.
B. The Contractor will ensure that applicants are considered and that employees are
treated during employment without regard to their race, creed, color, national origin, sex, age,
sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall
include, but not be limited to the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training.
C. If Contractor fails to comply with any of the non-discrimination provisions herein,
City shall have the right, at its option, to cancel the Agreement in whole or in part.
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D. Contractoris charged with knowledge of and compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the Project, which
includes but is not limited to fair labor laws and worker's compensation.
12. Independent Contractor: Contractor’s employees, while engaged in the performance of
any of Contractor’s Work under this Agreement, shall be considered employees of the Contractor
and not employees, agents, representatives of City and as a result, shall not be entitled to any
coverage or benefits from the City of Renton. Contractor’s relation to City shall be at all times as
an independent contractor. Any and all Workman’s Compensation Act claims on behalf of
Contractor employees, and any and all claims made by a third-party as a consequence of any
negligent act or omission on the part of Contractor’s employees, while engaged in Work provided
to be rendered under this Agreement, shall be the solely Contractor’s obligation and
responsibility.
13. City of Renton Business License:The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/City-Services/Business/Business-Licenses
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
14. Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the performance of
this Agreement. The Contractor agrees to provide access to and copies of any records related to
this Agreement as required by the City to audit expenditures and charges and/or to comply with
the Washington State Public Records Act (Chapter 42.56 RCW).
15. Public Records Compliance. To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Contractor shall make a due diligent search of all
records in its possession, including, but not limited to, e-mail, correspondence, notes, saved
telephone messages, recordings, photos, or drawings and provide them to the City for production.
In the event Contractor believes said records need to be protected from disclosure, it shall, at
Contractor’s own expense, seek judicial protection. Contractor shall indemnify, defend, and hold
harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related
to a Public Records Act request for which Contractor has responsive records and for which
Contractor has withheld records or information contained therein, or not provided them to the
City in a timely manner. Contractor shall produce for distribution any and all records responsive
to the Public Records Act request in a timely manner, unless those records are protected by court
order.
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16. Other Provisions:
A.Administration and Notices. Each individual executing this Agreement on behalf
of City and Contractor represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of City or Contractor.
Notice:Except for Service of Process in a legal proceeding, any notices required to be given by the
Parties shall be delivered at the addresses set forth below. Any notices may be delivered
personally to the addressee of the notice or may be deposited in the United States mail, postage
prepaid, to the address set forth below. Any notice so posted in the United States mail shall be
deemed received three (3) calendar days after the date of mailing. Email notice will be deemed
received the date of the email so long as sent before 12:00 noon on a business day, if after 12:00
Noon it will be deemed received the next business day – a copy of email notice must be mailed as
set forth above. This Agreement shall be administered by and any notices should be sent to the
undersigned individuals or their designees.
CITY OF RENTON
Rhemy King
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6548
rking@rentonwa.gov
CONTRACTOR
Wade Bates
7807 44th Avenue W
Mukilteo, WA 98275
Phone: (206) 878-0221
wade.bates@awpsafety.com
And to:
City Clerk
cityclerk@rentonwa.gov
B.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
C.Assignment and Subcontract. Contractor shall not assign or subcontract any
portion of this Agreement without the City of Renton’s prior express written consent.
D.Compliance with Laws. Contractor and all of the Contractor’s employees shall
perform the Work inaccordance with all applicable federal, state, county and city laws, codes and
ordinances. A copy of this language must be made a part of any contractor or subcontractor
agreement.
E.Conflicts. In the event of any inconsistencies between Contractor proposals and
this Agreement, the terms of this Agreement shall prevail.
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F.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
G.Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of negotiation,
drafting or execution.
H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the King County
Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King
County, Washington, or its replacement or successor. Contractor hereby expressly consents to
the personal and exclusive jurisdiction and venue of such court even if Contractor is a foreign
corporation not registered with the State of Washington.
I.Severability. A court of competent jurisdiction’s determination that any provision
or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder
of this Agreement, which shall remain in full force and effect.
J.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not incorporated are
excluded.
K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the Parties, and
all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of the Parties and no one else.
L.Waivers. All waivers shall be in writing and signed by the waiving party. Either
party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either City or Contractor from enforcing that provision or any other provision of this
Agreement in the future. Waiver of breach of any provision of this Agreement shall not be
deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing.
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IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of
Effective Date.
CITY OF RENTON
_____________________________
Maryjane Van Cleave, Administrator
Parks and Recreation Department
CONTRACTOR
___________________________
Approved as to Legal Form
_______________________________
Blythe Phillips
Assistant City Attorney
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Approved by Blythe Phillips via email 6/12/2026
PAGE 9 OF 9
Attachment A
TRAFFIC CONTROL SIGNAGE PLACEMENT:
Contractor shall provide all labor, materials and equipment to complete the
following tasks:
Saturday, July 18, 2026, Set out traffic signs in accordance with the approved
Traffic Control Plan (TCP) provided by the City of Renton.
x Set up must be completed with signs and in place by 8:00 a.m. (closed by
10:00 a.m.
x Signs and any other equipment shall be collected starting no earlier than
6:00pm. Saturday, July 18, 2026
JOB LOCATION: Burnett Ave S at S 5
th St Renton, WA
SPECIFICATIONS
1. Contractor to be responsible to measure and verify dimensions, site
conditions and other relevant project information.
Signs included in this service for this project are:
x 1 – Stand with sign 36” and up
x 1 – PCMS Portable Changeable Message Sign
x 2 each – Type III Barricade w/sign
x 4 each – Stand w/sign 36” – “ROAD CLOSED AHEAD – DETOUR”
x 3 each – Stand w/sign 36” – “DETOUR SIGNS w/ARROW”
x PW 2 Person Full Service Crew
x Signs to be placed according to the attached Burnett Ave S Closure
Traffic Control Plan
2. Any damage to City property will be repaired and restored to original
condition by the Contractor, at no cost to the City.
3. Contractor shall perform work between the hours of 8:00am to 6:00pm,
Saturday, July 18, 2026
4. This project is subject to prevailing wage. Contractor will be required to
comply with the State prevailing wage requirements. The Contractor must
file an Intent to Pay Prevailing Wage at the beginning of the project and an
Affidavit of Wages Paid at the end of the project with the Washington State
Department of Labor and Industries.
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2,344 195
Legend
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Notes
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SEE SHEET 1 FOR GENERAL NOTES AND LEGEND
SEE SHEET 2 FOR DETOUR PLAN, IMPLEMENT AT SAME TIME
BARRICADE NOTES:
1. USE TYPE 3 L FOR RIGHT SIDE OF ROAD
2. USE TYPE 3 R FOR LEFT SIDE OF ROAD
TYPE 3 L
SHOWN
Burnett Ave S - Road Closure Plan Sheet 2 of 3
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SEE SHEET 1 FOR GENERAL NOTES AND LEGEND
SEE SHEET 2 FOR ROAD CLOSURE PLAN
Burnett Ave S - Detour Plan Sheet 3 of 3
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AAWPP Inc.. DBAA AWPP Safety
7807 44th Ave W.
Mukilteo, WA 98275 US
seanoraccounting@awpsafety.com
Estimate
AADDRESS
Rhemy King
City of Renton
1055 S. Grady Way
Renton, WA 98057
SSHIPP TO
Burnett Ave S
At S 5th ST
Renton WA
EESTIMATEE #1110
DDATE 05/21/2026
PPO/JOB
July 18 Neighborhood Picnic
DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
22TAPWN 2 TECH/ 1 TRUCK/ PW- SAT -
SET SIGNS & CLOSE STREET
By 10am
Includes: Certified techs w/
traffic
truck, PPE, radios, paddles, 26
signs, 40 cones, 4 barricades.
2 317.40 634.80
2TAPWN 2 TECH/ 1 TRUCK/ PW/ SAT -
PICK UP CLOSURE - After 7pm
Includes: Certified techs w/
traffic
truck, PPE, radios, paddles, 26
signs, 40 cones, 4 barricades.
2 317.40 634.80
Standd w/signn 36"" andd
up
ADVANCED NOTICE OF ROAD
CLOSURE 7 total days
7 10.00 70.00T
PCMS-Portablee
Changeablee Messagee
Sign
RENTAL:(PCMS) if used in
place of standard sign (this is
recommended for best visibility
to the public) 7-days prior.
INCLUDES DELIVERY
The City will need to help
provide location with enough
sunlight to place the PCMS
1 1,000.00 1,000.00T
T3WS-Typee IIII
Barricadee w/Sign
RENTAL:Type III Barricade
w/Sign
2 10.00 20.00T
Standd w/signn 36"" andd
up
ROAD CLOSED AHEAD -
DETOUR
4 8.00 32.00T
Standd w/signn 36"" andd
up
DETOUR SIGNS w/ARROW 3 6.00 18.00T
admin PW Filing Fees 1 125.00 125.00T
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Estimate is based on ONE(1) Calendar Day. It is up to the contractor
to calculate the number of days working in each phase of the project.
Changes may be needed as work progresses.
A $90 fuel surcharge will be added to the total
Set up by 10am on July 18, and picked up after 7pm on July 18, 2026.
AWP will rely on the City of Renton to show placement of PCMS if
option is exercised. The city will also provide the NO PARKING signs
and place as necessary.
Prevailing Wage rates are applied to this quote. AWP will need to file
for a PW Intent upon award of contract (fee is lined out)
SUBTOTAL 2,534.60
TAX 132.83
TOTAL $$2,667.43
Accepted By Accepted Date
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