HomeMy WebLinkAboutC26007 - PWA - Replacement of Stormwater Connection in 2600-2700 Block of Perry Avenue
PUBLIC WORKS AGREEMENT
WHEREAS, Kitsap County has offered the City of Bremerton to remove a stormwater
connection out of the sanitary sewer system and connect to a new Kitsap County stormwater
system in the 2600-2700 Block of Perry Avenue, Bremerton, WA; and
WHEREAS, Miles Resources, LLC has been awarded as prime contractor by Kitsap County
Public Works Division for the completion of the Kitsap County Project no. 25 Stone to Sheridan
Improvements; and
WHEREAS, the City of Bremerton would like to utilize the Kitsap CountyÓs prime contractor for
the project work to complete the connection of the storm water pipe and disconnect from the
sanitary sewer system; and
WHEREAS, the role of awarded prime contractor includes awarded work permits and county
authorizations for work in the Right of Way uniquely held by Miles Resources and qualifying
Miles Resources as sole source provider for the connections of these systems.
Therefore, the City of Bremerton, a Washington Municipal Corporation (ÐCityÑ), and Miles
Resources, LLC .Lic. no. MILESRL897RK (ÐContractorÑ), whose mailing address is 400 Valley
Ave. NE Puyallup, WA 98372 agree to enter into this sole source award agreement as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City: As outlined in attached Exhibit A
2. TIME OF COMPLETION. Contractor shall complete the work within 60
calendar days from the date of issuance of the CityÓs Notice to Proceed.
3. COMPENSATION. The City shall pay the Contractor the total not to exceed
amount of forty-one thousand three hundred and twenty eight dollars $41,328.00. Applicable
Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and
its related rules for the work contemplated in this agreement. The Contractor shall invoice the
City monthly. The City will pay for the portion of the work described in the invoice that has
been completed by the Contractor and approved by the City. The CityÓs payment shall not
constitute a waiver of the CityÓs right to final inspection and acceptance of the project.
A. Retainage in lieu of Bond. Because this contract including applicable
sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the
Contractor, in lieu of providing the City a performance bond, has elected
to have the City retain the final ten percent (10%) of the Contract amount
for a period of thirty (30) days after the date of final acceptance, or until
receipt of all necessary releases from the State Department of Revenue
and the State Department of Labor & Industries and until settlement of any
liens filed under Chapter 60.28 RCW, whichever is later.
Public Works Agreement Miles Resources, Inc. Î Perry Ave.
Rev. 05/2026
B. Retainage. The City shall hold back a retainage in the amount of ten
percent (10%), or ten percent (10%) if waiving bonds, of any and all
payments made to contractor for a period of thirty (30) days after the date
of final acceptance, or until receipt of all necessary releases from the State
Department of Revenue and the State Department of Labor & Industries
and until settlement of any liens filed under RCW 39.08.010 and RCW
60.28, whichever is later.
C. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work.
Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this agreement; and
extra work and materials furnished without the CityÓs written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion
of the work, the City may complete the work by contract or otherwise, and
Contractor shall be liable to the City for any additional costs incurred by
the City. ÐAdditional costsÑ shall mean all reasonable costs, including
legal costs and attorney fees, incurred by the City beyond the maximum
Contract price specified above. The City further reserves its right to
deduct the cost to complete the Contract work, including any Additional
Costs, from any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE MAKING OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL
PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS
UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times
acting as an independent contractor and not as an employee of the City. The Contractor shall
secure at its expense, and shall be responsible for all payments of income tax, social security,
state disability insurance compensation, unemployment compensation, and all other payroll
deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor
shall also secure all applicable business licenses, if required, in connection with the contract
services, including all required licenses for Contractor's officers, agents, employees and sub-
contractors.
5. TERMINATION. The City may terminate this agreement for good cause.
ÐGood causeÑ shall include, without limitation, any one or more of the following events:
A. The ContractorÓs refusal or failure to supply a sufficient number of
properly skilled workers or proper materials for completion of the
Contract work.
Public Works Agreement Miles Resources, Inc. Î Perry Ave.
Rev. 05/2026
B. The ContractorÓs failure to complete the work within the time specified in
this agreement.
C. The ContractorÓs failure to make full and prompt payment to sub-
contractors or for material or labor.
D. The ContractorÓs persistent disregard of federal, state or local laws, rules
or regulations.
E. The ContractorÓs filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the Contract work is completed.
6. PREVAILING WAGES. Contractor shall file a ÐStatement of Intent to Pay
Prevailing WagesÑ with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on
the bid opening date. The Kitsap County rates are available on the Department of Labor and
Industries website.
7. CHANGES. The City may issue a written work change directive for any change
in the Contract work during the performance of this agreement. If the Contractor determines, for
any reason, that a change order is necessary, Contractor must submit a written change order
request to the CityÓs project manager within two (2) business days of the date the Contractor
knew or should have known of the facts and events giving rise to the requested change. If the
City determines that the change increases or decreases the ContractorÓs costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Contractor on all equitable adjustments. However, if the parties are
unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving a written work change
directive or change order from the City. If the Contractor fails to require a change order within
the time allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the
equitable adjustment the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with
anything required by a work change directive or change order, including
any direction, instruction, interpretation, or determination by the City, the
Contractor shall:
1. Immediately give a signed written notice of protest to the City;
Public Works Agreement Miles Resources, Inc. Î Perry Ave.
Rev. 05/2026
2. Supplement the written protest within fourteen (14) calendar days
with a written statement that provides the following information:
a. The date of the ContractÓs protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and
how that estimate was determined.
e. An analysis of the progress schedule showing the schedule
change or disruption if the Contractor is asserting a
schedule change or disruption.
The Contractor shall keep complete records of extra costs and time
incurred as a result of the protested work. The City shall have
access to any of the ContractorÓs records needed for evaluating the
protest.
3. The City will evaluate all protests, provided the procedures in this
section are followed. If the City determines that a protest is valid,
the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
B. ContractorÓs Duty to Complete Protested Work. In spite of any protest,
the Contractor shall proceed promptly with the work as the City has
ordered.
C. ContractorÓs Acceptance of Changes. The Contractor accepts all
requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A
change order that is accepted by Contractor as provided in this section
shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of
delays related to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section
provides, the Contractor also waives any additional entitlement and
accepts from the City any written order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims
for protested work and accepts from the City any written order (including
directions, instructions, interpretations, and determination).
F. Liens. In the event that there are any liens on file against the City of
Bremerton, the City of Bremerton shall be entitled to withhold final or
Public Works Agreement Miles Resources, Inc. Î Perry Ave.
Rev. 05/2026
progress payments to the extent deemed necessary by the City of
Bremerton to properly protect the outstanding lien claimants until proper
releases have been filed with the City Clerk
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events giving rise
to the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived
by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim
is set forth in detail in writing and received by the City within seven (7) calendar days from the
date Contractor knew, or should have known, of the facts giving rise to the claim. At a
minimum, a ContractorÓs written claim must include the information set forth regarding protests
in Section 7.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
9. WARRANTY. The Contractor shall correct all defects in workmanship and
materials within one year from the date of the CityÓs acceptance of the Contract work. When
defects are corrected, the warranty for that portion of the work shall extend for one year from the
date such correction is completed and accepted by the City. The Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order
to accomplish the correction.
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officer, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in connection
with the performance of this agreement, except for injuries and damages caused by the CityÓs
sole negligence.
The CityÓs inspection or acceptance of any of ContractorÓs work when completed shall
not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, 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
the City, its officials, employees, agents and volunteers, the ContractorÓs liability hereunder shall
be only to the extent of the ContractorÓs negligence.
Public Works Agreement Miles Resources, Inc. Î Perry Ave.
Rev. 05/2026
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONTRACTORÓS WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement insurance of the types and in the amounts described below against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of
the work by the Contractor, its agents, representative, employees, sub-consultants or sub-
contractors.
Before beginning work on the project described in this agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
A. Automobile Liability insurance with limits no less than $1,000,000
combined single limit per accident for bodily injury and property damage;
and
B. Commercial General Liability insurance written on an occurrence basis
with limits no less than $1,000,000 combined single limit per occurrence
and $2,000,000 general aggregate for personal injury, bodily injury and
property damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations/broad form property damage;
explosion, collapse and underground (XCU); and
C. Excess Liability insurance with limits not less than $1,000,000 per
occurrence and aggregate; and
B. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of
Washington and employer's liability with limits not less than $1,000,000.
Insurance is to be placed with a current A.M. Best rating of not less than A:VII.
Any payment of deductible or self-insured retention shall be the sole responsibility of
the Contractor.
The City, its officials, employees, agents and volunteers shall be named as an
additional insured on the insurance policy, as respects work performed by or on behalf of the
Contractor and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the
Public Works Agreement Miles Resources, Inc. Î Perry Ave.
Rev. 05/2026
required insurance policies and endorsements. The City further reserves the right to reject any
unacceptable policies and/or endorsement.
The ContractorÓs Commercial General Liability insurance shall contain a clause
stating that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurerÓs liability.
The ContractorÓs insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Contractor to advise the CityÓs Risk Manager by fax at (360) 473-5161, or by
th
certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
If the Contractor maintains higher insurance limits than the minimums shown above, the
City shall be insured for the full available limits maintained by the Contractor.
In the event that the Contractor employs other contractors (sub-contractors) as part of the
work covered by this Agreement, it shall be the ContractorÓs responsibility to require and
confirm that each sub-contractor meets the minimum insurance requirements specified above.
The Contractor shall, upon demand of the City, deliver to the City copies of such policy or
policies of insurance and the receipts for payment of premiums thereon.
12. MISCELLANEOUS.
A. Equal Employment Opportunity Statement. In the hiring of employees for
the performance of work under this Agreement, the Contractor, its subcontractors, or any person
acting on behalf of Contractor shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital
status, military status, or the presence of any physical, mental or sensory disability.
B. ADA Statement. The City of Bremerton does not discriminate on the
basis of disability in programs and activities, which it operates pursuant to the requirements of
the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to
both employment and admission to participation in the programs, services and activities of the
City of Bremerton. Reasonable accommodation for employees or applicants for employment
will be provided.
C. Compliance with Laws. Contractor shall comply with all federal, state
and local laws, rules and regulations throughout every aspect in the performance of this
agreement.
D. Work Performed at ContractorÓs Risk. Contractor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this agreement. All work shall be done at ContractorÓs own
Public Works Agreement Miles Resources, Inc. Î Perry Ave.
Rev. 05/2026
risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full force and effect
F. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
G. AttorneyÓs Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the partiesÓ performance of this agreement, each
party shall be responsible for payment of its own legal costs and attorneyÓs fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the
CityÓs right to indemnification under Section 10 of this agreement.
H. Written Notice. All communications regarding this agreement shall be
sent to the parties at the addresses listed on the signature page of this agreement, unless
otherwise notified. Any written notice shall become effective upon delivery, but in any event
three (3) calendar days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated on this agreement.
I. Assignment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
J. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
K. Severability. If any one or more sections, sub-sections, or sentences of
this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity
of the remaining portion of this agreement and the remainder shall remain in full force and
effect.
L. Entire Agreement. The written provisions and terms of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by any representative
of the City, and those statements shall not be construed as forming a part of or altering in any
manner this agreement. This agreement and any attached Exhibits contain the entire agreement
between the parties. Should any language in any Exhibit to this agreement conflict with any
language contained in this agreement, the terms of this agreement shall prevail.
Public Works Agreement Miles Resources, Inc. Î Perry Ave.
Rev. 05/2026
M. Mutually Bound. Contractor and Subcontractor are mutually bound by
the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor.
The Contractor shall assume toward the subcontractor all obligations and responsibilities the
Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall
assume toward the Contractor all obligations and responsibilities which the Contractor, under
this agreement, assumes towards the Owner.
N. Suspension & Debarment. For contracts involving Washington State and
Federal funding, Contractor hereby certifies, by signing this agreement, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any State or Federal department or
agency. Contractor shall provide immediate written notice to the City if at any time it learns that
it is or has become ineligible for certification. Should Contractor enter into a covered transaction
with another firm, Contractor agrees by signing this agreement that it will verify that the firm
with whom it intends to do business is not debarred, suspended, ineligible, excluded or
disqualified.
O. Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees
that the contractor shall actively solicit the employment of minority group members. Contractor
further agrees that the contractor shall actively solicit bids for the subcontracting of goods or
services from qualified minority businesses. Contractor shall furnish evidence of the contractor's
compliance with these requirements of minority employment and solicitation. Contractor further
agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially
equal proposals in the light most favorable to said minority businesses. The contractor shall be
required to submit evidence of compliance with this section as part of the bid.
END OF AGREEMENT
SIGNATURE PAGE FOLLOWS
Public Works Agreement Miles Resources, Inc. Î Perry Ave.
Rev. 05/2026
IN WITNESS WHEREOF, the parties below have executed this agreement.
MILES RESOURCES, LLC THE CITY OF BREMERTON
License No._________________
Print Name: Print Name:
Title: Title:
DATE DATE
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
Chance Berthiaume
100 Oyster Bay Avenue
Bremerton, WA 98312
(360) 473-59297
(360) 473-5360 (facsimile)
APPROVED AS TO FORM:
Kylie J. Finnell
Bremerton City Attorney
ATTEST:
Angela Hoover, City Clerk
Public Works Agreement Miles Resources, Inc. Î Perry Ave.
Rev. 05/2026
EXHIBIT A: Scope of Work, Pricing and Standards
Work will be completed in compliance with the following standards and conditions:
City of Bremerton Engineering Standards Divisions 1 - 8
WSDOT May 2026, Construction Manual M 41-01 Chapters 1 through 9 Construction Manual M 41-01
Public Works Agreement Miles Resources, Inc. Î Perry Ave.
Rev. 05/2026
Public Works Agreement Miles Resources, Inc. Î Perry Ave.
Rev. 05/2026
GF 7/13/2026
Digitally signed by Ned Lever
DN: C=US,
E=ned.lever@ci.bremerton.wa.us, O=City
of Bremerton, OU=Engineering Division,
Ned Lever CN=Ned Lever
Reason: I am approving this document
Date: 2026.07.13 15:04:29-07'00'
Ejhjubmmz!tjhofe!cz!
Dibodf
Dibodf!Cfsuijbvnf!
Ebuf;!3137/18/27!
Cfsuijbvnf
21;25;63!.18(11(