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Home My WebLink About4975 Contract Number: 4975 Vendor: NORTHWEST MARINE CONSTRUCTION, INC. Subject: Pier Removal @ former Chevron property Department: Engineering File Class: LEG 12 -1 Begin Date: 11/22/2010 End Date: 5/20/2011 Review Date: 1/1/2011 Vault Date: Comments: Change Order #1 4/1/2011 t AFFIDAVIT OF PUBLICATION Account #42742 AD #270263 STATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wessels, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on April 4, 2011 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $38 15 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of April 26, 2011 .•• 'SAY 1 ��M'' ��. �4 rAI : Jul 8 2012 : = Notary Public in and for the State of Washington, Kitsap County Nj $,,;A �.�'UBLIC * *A- te •' , ''k. O' • •... •• �o` WA NOTICE OF COMPLETION Notice of Completion has been issued by the City of Bremerton to Northwest Marine Construction, Inc for the contract Pier Removal at Former Chevron Property Any parties having a claim for material, labor or damages related to this Contract have forty -five (45) days from the date of first publication of this notice to file a claim Carol Etgen - City Clerk 345 6th Street Bremerton, Washington 98337 April 4, 2011 AD #20111148 Contract Number: 4975 Vendor: NORTHWEST MARINE CONSTRUCTION, INC. Subject: Pier Removal @ former Chevron property Department: Engineering File Class: LEG 12 -1 Begin Date: 11/22/2010 End Date: 1/31/2011 Review Date: 1/1/2011 Vault Date: Comments: Change Order #1 4/1/2011 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO PROJECT NAME Pier Removal at Former Chevron Property PROJECT NO 5203 CONTRACTOR Northwest Marine Construction ORIGINAL CONTRACT AMOUNT 95,242 20 DAYS 30 PREVIOUSLY - APPROVED CHANGES 000 DAYS 0 THIS CHANGE 18,679 20 DAYS 0 REVISED CONTRACT AMOUNT 113,921 40 DAYS 0 This Change Order covers changes to the subject contract as described herein The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items The increase or decrease in contract price shown below includes any applicable taxes DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT CONTRACT CONTRACT TIME r T AMOUNT AMOUNT EXTENSION (DAYS) X Work Change Directive #1 7,50000 0 0 X Contractual disposal tonnage = 120 tons, Actual disposed.= 9,70000 0 0 197 6 tons @$125 per ton, total increase is $9,700 X Sales Tax @ 8 6% for WCD #1 and additional tonnage 1,47920 0 0 Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on -site or home office overhead, or lost profits Nothing in this Change Order shall limit the City's right to bring a claim for past performance The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order This document will become a supplement of the contract and all provisions will apply hereto It Is understood that this Change Order shall be effective when approved by the City of Bremerton The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract In addition, Contractor warrants that it has or will inform CONTRACT CHANGE ORDER NO PROJECT NAME Pier Removal at Former Chevron Property the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change RECOMMENDED U O C NGINEER ate RECOMMENDED k.1- 3 I Zi II / D CTOR OF PUBLIC WORKS Date ACCEPTED �l z'q ft CON C OR ate APPROVED g 1 AYOR Date APPROVED AS TO FORM: ATTEST: erto City Attorney City Clerk Page 2 of 2 Project Name CITY OF BREMERTON Project #: 5302 WORK CHANGE t CTIVE ( CD) Contractor: Northwest Marne Construction CD #: 1 Date: 1111111 Notice to Proceed Date: Dec 27, 2010 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): Remove debris and pales from sea floor in front of barge for 10 -hour work day ATTACHMENT(S) If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s) The Change Order will be executed in accordance with Section 1 -04 4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions Method of determining change in Contract Price Method of determining change in Contract Times ® Unit Price ❑ Contractor's Records ® Lump Sum ® Engineer's Records ❑ Time & Materials ❑ Other ❑ Other Estimated increase (decrease) in Contract Price Estimated increase (decrease) in Contract Times $ $7,50000 Substantial Completion 0 days If the change involves an increase, the estimated Ready for final payment 0 days, amount is not to be exceeded without further If the change involves an increase, the estimated times authorization are not to be exceeded without further authorization RECOMMENDED AUTHORIZED 1 z. e— 41,1," ,, CONTRACTOR CITY OF BREMERTO r _ By B� l PAGE I OF t Page 1 of 1 William Davis From: Michael Martin [M Martin@ northwestman neconstruction comi Sent: Tuesday, January 11, 20114 28 PM To: William Davis Cc: Thomas Knuckey, Ned Williams Subject: RE Bremerton Chevron Pier Demo - Authorization to proceed with additional work Bill, I've spoken with Walt and we will be ready to go tomorrow As we discussed, the price tag of $7500 for Debris Removal (10 -hr day) plus $125 /ton of disposal will not exceed $10,000, we anticipate pulling 10 -15 tons of material tomorrow If you have any further questions, please don't hesitate to contact myself or Walt You're welcome to stop out tomorrow and observe the operation, thanks for the extra business NCMATNWEST MAR1N� Ci�WS�'RtiC1r'ItlN INIC Michael Martin - Project Engineer Cell (253) 753 -7032 Office (253) 552 -1154 From: William Davis [mailto William Davis @ci bremerton wa.us] Sent: Tuesday, January 11, 20114 11 PM To: Michael Martin Cc: Thomas Knuckey Subject: Bremerton Chevron Pier Demo - Authorization to proceed with additional work Michael, As we discussed on the phone, Northwest Marine Construction is authorized to proceed with the work of removing pile and debris on the seafloor over a 10 -hour work day for a not -to- exceed amount of $7500 plus sales tax The disposal of the material removed from the seafloor shall be paid at the unit bid cost of $125 /ton plus sales tax I will issue a formal Work Change Directive for this additional work tomorrow morning Please let me know if you have any questions Thanks, Bill --------------------------------------------------------- Bill Davis, P.E. City of Bremerton Engineering Department Phone: (360) 473 -2312 Fax: (360) 473 -5398 E -mail: witham davis@ci.bremerton.wa.us 3/7/2011 ` � DATE OUT TIME OUT \ Contrz- _ -_- - . - _.,~~' We ?5,080.00 ~. ' IWAL | / ^3. | | / j | 0. 00 .^' � TENDERED QMGE cmrz(CXK NO SERVICES REV 11109 SIGNA7URE RS-1:04-4pt / � | DATE OUT TIME OUT REFERENCE ORIGIN C'u L:: Br-,-126C�5 RABLA-E=� Tz t a o a Taore Weaght 4734-0.00 L? 0.1 00 YD TENDERED C 11" 1 AM CHECK NO b SERVICES ) I REV 11109 SIGNATURE RS-FO4-4pt 0 3 1 162- 1 58 — 000 DATE OUT TIME OUT -, ruz a.-, cam 3 F -k ry 2- . L2 1 Northwest Mar3ne ConstrucLion Inc - VWlICLE ROIA: OFF Noi Viar:L-ve CoristrucLLon Inc 1563 REFERENCE ORIC41NI rlr- Egl.—i2605 _ n-:Coftla .4 Gross We.Lght 10 1 .,060.00 LM Tatre WeiqjhL 43,240.00 U4 Net We:Lght - 73,,a-20.00 LB 36. 91 rKI -TWAL,, t I i 36. 91 TN 68 C!5 L 3/11 li - FAIL TTCI<r:: T- I 146 0- 00 YO TENDERED CHANGE W. WREPUBLIC CHECK NO W. SERVICES REV 11109 SIGNATURE RS-FNI-4pt 0162- - 0003 DATE OUT TIME OUT REMENCE ORIGIN Nell Wei)jmb 5/6,760.00 L-8 28.3i3 IN IT TOT I 2e. 38 TN 6,9 E5J 3 crecisol'o ola/0 3/11 TENDERM CHANGE CHECK NO REV 11/09 SIGNATURE RS-FO4-4pt ' ("003 DATE OUr TIME OUT ,c -- COrrStl rjic I VEHICLE ROLL OFF Ciontract.- r4�-1260t5 REFEAENCE .6020j ORIGIN TENMMED CHANGE CHECK NO WREPUBLIC REV 11/09 SIGNATURE RS-F0"W DATE OUT OUT 016252 -- OOOS 1 9 February 2011 7: tF5 avri North;. tU-Lr.Lry-- NEHICLE ROLL OFF Nos - Umest Mar.Lne Cons Lruction Inc 2784 RABU4Mt7'2 REFERENCE JORIGIN R�-KY+801"l Tz I 61 Weigjhr, li��,5 LT-4 Tare 4-4.,880.00 LL4 Nc-L Wei 68 00 ,660. LB 34. 33 1 N ph ", T OT AL r 34,. a TN 68 [51:1 C reo ---D Le Iokound - RAIL TICKJ�- BNSF2300% Tacoma kMSU) 4.40 YD TENDERED CHANGE qN. REPUBLIC CHECK NO a- SERVICES REV 11/09 SIGNATURE V FLS-FO"O 016258 - 000,3 DATE OUT TWE OUT -bivary P-011 REFERENCE ORIGIN I Gross 1-k--3.9-ht 109.180.00 LP 02V(6/1 i TENDERED CHANGE c"EcK No REPUBLIC SERVICES S36NATU REV 11109 RE RS-FO.;. ` Contract Number Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 4975 NORTHWEST MARINE CONSTRUCTION, INC. Pier Removal @ former Chevron property Engineering LEG 12-1 11/22/2010 1/31/2011 1/1/2011 Comments: ��►C� . (page 1 of 3) THIS CONTRACT is dated the 2 2nd day of November in the year 2010 by and between Ci4�! m¢ �p��oen (hereinafter cailed CITI� and ' 1Vorthwest Marine Construction Inc. (hereinafter called 'CONTRACTOR). CI7Y and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as foilows: �R�'IC�E 1. !RlOR�. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled ,Pi�r Rera�oval a� �oPev�e� Ch�vPOa� P�opee�#y �►R7'IC�.E a. COR43°�C'T'�'IRflESe - The WORK shall obtain Substantial Completion within 30 calendar days from the commencement date stated in the Notice to Proceed. Time �is of the essence as to each and every deadline set forth in #his contract. This .provision has been specifically negotiated. � /�R�'IC�E 3. L9G�U�D�►TED D�Rfip►GES. CITY and the CONTRAC70R recognize that time is of the essence of this Contra�t and that the. CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 9-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered �by the C1TY if the WORK is not com�pleted on .time� Accordingiy, instead of .requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1000 for each day that expires after the time specified in Article 2 herein and Special Provision 1-08.5 for Substantial Compfetion and Final Compfetion of the WORK in accordance with Section 1-08.9 of the Standard Specifications as may be modified by the Special Provisions. AiSTIC�E,4. CORI'�'�CT PRIC.E. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents �in the arnount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07,2(2) of the Special Provisions. ' ARTICB.E 5. P�►YRfiE�'d' PROCEDURES. CONTRACTOR shall submi�t Applications for Payment in accordance with Section 1-09:9 of the Standard Specifications which may be modified by t�he Special Provisions. Applicafions for Pay e ill be processed by ENG4NEER as provided in the Special Provisions Con ractor Initials Cify of Bremerfon CF-1 Pier Remova! af Former Chevron Property October 2010 �OAI��C°� (page 2 of 3) ARTICLE 6e �ORI�'�dAC� DACIJRR��'�Se The Contract Documents'which comprise the entire agreement between GITY and CONTRACTOR concerning the WORK consist of this Contract (pages CF-1 to CF-7, incfusive) and the following attachrnents to this Contract: o Notice Inviting Bids, o Bidders Checklist, o Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, . o PerFormance Bond, o Payment �Bond, o Standard Specifications, o Special Provisions, o Contract Plans, o Addenda numbers � to 3, inclusive. o Change Orders which may be delivered or issued after Effective Date of the Contract and are not attached hereto. There are no Contract Do�cuments other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTIC�E 'P. IA��ERA�IFICA�70�. ' The CONTRACTOR and CITY acl�nowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immuniiy under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and �Regulations, the C�NT�RACTOR shall indemnify, defen�, and hofd �harmless the ClTY, ENGINEER, their consultants, subconsultants, and the o�cers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries,. damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, re.lated, or incidental to the Contract Documents or any pertormance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the EIVGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor lnitials City of Bremerton �� z Pier Removal at Former Chevron Property ' October 2010 ��T�iC� (page 3 of 3) e�R7'ICLE 8. ASSIGI�Rfl�R�T No assignment by a party .hereto of any rights under or interests in the Contract �Documents wiii be binding on another party hereto without the wratten consent of the party sought to be bound; and speci�cally but without limitation monies that may become due and rnonies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by iaw), and unless specificalty stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of .its duties, rights and/or responsibilities under the Contract, except with regards to an assignmer�t of funds for security purposes. In the case of an assignment for security purposes the C�1TY may condition its approval to the extent it deems necessary to.assure that there will be adequate funds to complete the WORK and to pay a � subcontractors and suppliers. CiTY and CONTRACTOR each'binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and oblig�tions contained in the Contract Documents. I,N WITNESS WHEREOF, CITY and CONTRACTOR have caused this Contract to be executed the day and year first above written. � CITY : Citv of Bremerton CONTRACTOR Neil � Inc. � Attest 3y S(�h .� Scu f� 60 0 B �e nwr�fi, (.(/A 9�� 3� •,.�,. �.�- *.� {.y�..: -- `�i ��'— --� �� "�'�— . _ - i�■r�:� � r �. , _. . __ ., •- Address for giving notic�s - �� 1112 E. Alexander Ave, ' Ta WA 9 8421 License No. NORTIIl�IC900J8 � Agent for service of process: C/ty of Bremerton CF-3 Pier Removal at Former Chevron Property October 2010 Address for giving notices �ERFOR�AANCE BOfllD (page 1 of 2} Bond No. 022032484 KNOW ALL MEN BY THESE PRESENTS, That Northwest Marine construction, znc. a5 CONTRACTOR, and Liberty Mutual Insurance Company as Surety are held and firmiy bound, unto City of IBremerton hereinafEer celled "OWNER," in the sum of Ninety Five Thousand Two Hundred and Forty Two and 20/100---- ($95,242.20) dolfars, for the payment of which sum, weil and tn�ly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jaintiy and sever�lly, flr.mly by these presents. THE CON�aT10NS OF THIS OBLIGATI�N ARE SUCH, that said CONTf�RCTOR has been awarded and is about to enter into the annexed CONTRACT with said OWNEfZ ta perform the VUORK as specified or indicated in the Contract �Documents entitled "City af Bremertan, Depargment of Public Works anc� Utilities, �remerton, !fit'ashington, Pier Removal at Former Chevron PxoperEy now, therefore, If the CONTRACT(JR fails ta timefy or properfy perform any of the req�+irements of the Contract Documen#s at the #imes �and ir� the manner contained therein, then tk�e City may pertorm the WORK, or contract to have the WOR{� performed and, the Surety, upon written proof of the amounts expended, including the rates for OUIINER personnel specified in City code or regulation, shaH, without condition, pay,said amour�t in US Funds, by certifed or cashie�'s check, within 5 days of demand by the City. �'his may require periodic payments by Surety if the work is ongoing� and the City become obligated to rnake payments in order to have the WORK completed. PROVIDED, that any alterations in the WORK to be dvne or the materials to be furnished, or changes �n the time of complstion, which may be made pursuant to the terms of said Contracf Documents, shall not in any way release said CONT�RACTdR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or said Surety, and natice of such alterations ar extensions of the CON7RACT is hereby waived by said Surety. Tf�e obligatian of the Surety shall include reimbursing the City for all c�sts and expenses, (including, but not limited to fea and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enfiorcing the prvvisions of this Band. . City of Bremerfon ' � �CF-8 Pler Removal af Forrner Chevron Property October 20i0 PER�ORMANC� �O�D (page 2 of 2) IN WlTNESS WHEREOF, we have hereunder set our hands and seals this 22nd day of November __ _ _ , 2010. . (SEAL) (S,EAL) North west Marine Cons uction, Inc. Liberty Mutual Insurance Companv � �� NT TOR) � Sure ) � ti ' ..�,,,_ � �.. ; .� ... . _ � . Ly:' BY� ' ,= —. : � (Sig, ature and SEAL) � (Signature and SEALj ' ' Nr':i.� L WYlliam�, Vice President Marc W. Boots. Attorney-in=Fact (uEkL;AiVfl i�OTARikI. ACKNOWLEDGEMENT OF SURE`fl7 � �� - Ac�dress of Suret�� to which all notices shall be sent: Attn: suretv Claim Dept � �'u ` 175 Berkeley Street Boston, Massachusetts 02116' Address ofi Surety for service of process: (rr�ust be a physicai address) Attn: Suretv Claim D�� _ 175 Berkelev Street Boston, Massachusetts o211b___ City of Bremerfon Pier Removat at Former Chevron Properry CF-9 Dotober 2010 ACKNOWLEDGMENT OF SURETY STATE OF TEXAS COUNTY OF HARRIS Before me, the undersigned authoiity, a Notaiy Pub/ic in and for said State and County, on this day personally appeared Marc W. Boots, known to me to be the person whose name is subscribed to the foregoing instruments as the attorney-in-fact for Liberty Mutua/ /nsurance Company and acknow/edged to me that she subscribed the name of Libertv Mutua/ /nsurance Company theieto as Surety and her own name as attorney-in- fact, and executed the same for the purposes and consideration therein expressed, and in the capacity therein set forth. Given under my hand and seal of office the 71"' day of November, 2010 o HEATHER NOLES NOTARY PUBL/C , Notary Public, State of Texas J O'' M Commission Ex ires 3-22-2012 Y P PAY14�EfdT BOND (page 1 of 2) Bond No. 022032484 KNOW ALl. MEN BY THESE PRESENTS, Tha� Northwest Marine Construction, Inc. aS CONTRACTOR, a�d � Liberty Mutual Insurance Company as Surety are held and firmiy bound unto City of Bremerton hereinafter calied "OWNER," in the sum of Ninety Five Thousand•Two Hundred Forty Two and 20/100----- ($95,,242.20) _ _ _ __ __ _ � dollars, for the payment of which sum, wefl and truly to be made, we bind ourseives, our heirs, executors, administrators, successors, and assigns, jointfy and severaily, firmly by these presents. THE CONDITIONS OF THIS OBLIGATt(�N ARE SUCH, that said CONTRACT4R has been awarded and is abaut to enter into the annexed CONTRACT with said OWNER to perForm the WORK as specified or indicated in the Contract Documents entitied "City of Br�mer�on, Department of Public UNorks and Utiligie�, Bremertoe�, �ltashinggon, Pier Removal at Former Chevron Property"; now, therefore, Ifi said CON�"RACTOR, or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the pertormance of work contracted to be dane, or for amounts due under applicable State law for any work or labor.thereon, said Surefy will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, reasonable attorney's fees to be fixed by the court. This bond shall inure to #he benefit of any persons, companies, or corporafions entitled to file cfaims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond�. PROVIDEfl, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of compietion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nar shall any extensions of time granted under the provisians of said Contract Documents release either said GONTRAC�'OR or said Surety, and r�otice of such alterations or extensions of the CONTRACT is hereby waived by said Surety. The obligation of the Surety shali include reimbursing the City of all costs and expenses, (including, but not limited to fee and charges of engineers, architects, attorneys, and other prafessionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. City of Bremerfon CF-10 Pier Removal at Former Chevron Prop°rty Ociober 2010 PA'YWiE�T �OND (page 2 of 2) IN WITf�ESS WHEREOF, we have hereunder set our hands and seais this 22nd day of November , Za� a . Noxthwest Marine Construction Inc. Liberty Mutual Insurance Company ( RA . OR) (Surety) ,,,:, • ,Gy: ' . $y: �� .',� � , ��' � �-(Signature and SEAL) (Signature and SF..�1L) '.,.� � Marc W. Boots, Attorney-in-Fact N,eil D:._Wi�l�iams, Vice President _ =(S�L AI�� NzJ'i"ARIAL ACKNQWLEDGENiENT OF SURET`� _. - ` �,Ad°c�ca5s of Surety td which afl notices shall be sent: Attn: surety Claims Dept "_ -' ,-, 175 Berkeley Street p,i�dr�ss �f Surety for service of process: (must be a �hysical address) Boston, Massachusetts 02116 Attn: Surety Claims Dept 175 Berkeley Street . Boston, Massachusetts 02116 Ef�D OF CORITI�CT �OR1i�S City of Bremerfan Pler Removal at Former Chevron Properfy CF-11 October 2090 ACKNOWLEDGMENT OF SURETY STATE OF TEXAS COUNTY OF HARRIS Before me, the undersigned authority, a Notary Public in and for said State and County, on this day persvna//y appeared Marc W. Boots, known to me to be the person whose name is subscribed to the foregoing instruments as the attorney-in-fact for Libeitv Mutua/ /nsurance Company and acknow/edged to me that she subscribed the name of Libertv Mutua/ /nsurance Com,vany thereto as Surety and her own name as attorney-in- fact, and executed the same for the purposes and consideration therein expressed, and in the capacify theiein set forth. Given under my hand and sea/ of office the °•. HEATHER NOLES � Notary Public, State of Texas �O' M Cammission Ex ires 3-22-2012 Y P 11 day of November, 2010 N TARY PUBL/C 3041455 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herefn stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY «� O C. d 'O y Y d �C '� 3 d� vd O � L , d N � � ..'a � �N O i y O o� c o L �d � � '�� m O t '� V .> d � L Z V KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authoriry of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint MARC W. BOOTS, VICKIE LACY, P. T. OSBURN, RICHARD COVINGTON, MARIA D. ZUIdIGA, JOY DURHAM, HEATHER NOLES, STEPHANIE GUNDERSON, BRETT A. TISDALE, ALL OF THE CITY O� HOUSTON, STATEOF TEXAS ................................................................................................................................................................. , each individually if there be more than one named, its true and fawful attorney-in-fact to make, execute, seal, acknow�edge and deliver, for and on its behalf as sure and as its act and deed, an� and all undertakin�s, bonds, recognizances and oiher surery obli in the penal sum not exceeding ONE HUNDRED MILLION AND 00/100 *""***"'***'***** ***"*********** DOLLARS ($ 100,000,000.00"""*******'***"*"**** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shali be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the folloaving By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shail appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, � execute, seal, acknowledge and deliver as surery any and all undertakings, bonds, recognizances and other surery obligations. Such � attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their y signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C as binding as if signed by the president and attested by the secretary. . By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: � > Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby � authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and � deliver as surety any and all undertakings, bonds, recognizances and other surety obiigations. � O c� F- That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 3rd day of Auqust , 2010 LIBERTY MUTUAL INSURANCE COMPANY �.; ��''�� gy(�,� .�s1� r/_ �C•�� ,:� . 4 '°�...�b` Gamet W. Elliott, Assistant Secretary �,.�. COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY Q M O� G� C 3� o£ a� No 't o O� C � d 'a � ca � > y O �� M w � �� v� � r On this 3rd day of August , 2010 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual �nsurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH ° ' first above written. ��.��ac�t�� CERTIFICATE � � �""`�� subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year COMMOhWEr1L7N C}C F'ENNSYLVA'dlti raw-.,�,;,� s�ai TereSa Fac;elia, Na.¢ry Pu61 e P'yfrovfh iW�.t., hionN.�arheiy C�:un;� My Com�ttresron Exp�res ktnreh 28 201's Marthw Fo�•�vy€varc�ASSOU,rt�o��ctM1Ota•ies � �z<��zC� By ,�/� Ter sa Pastella, Notary Public �, the undersigned, Assistan��ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on fhe date of this certificate; and 1 do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary speciaily authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanicaily reproduced signature c�f any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connectic�n with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the co�porate seal of the said company, this day of Is� t �� '�" By r �, , �. � x_ J Davi M. Carey, Ass' nt Secretary C06�1'�C7' CERTIFICA'TE (if Co�ora�iom) STATE OF W�HINGTON COUNTY OF PIERCE ) ) SS: ) 1 HEREBY CE.RTIFY that a meeting of the Board of Directors of the Northwest Marine Construction, Inc. • a corporation existing under the laws of the State of Delaware , held on August 17, , 2010, the following resolution was duly passed and adopted: "RESOLVED, that Neil D. Williams , as Vice President of the Corporation, �be and is hereby authorized to execute the CONTRACl" dated Nov �2 2090, by and be#ween this Corporation and Ci�}/ o� �perrr��rton and that hislher execution thereof, attested by the Secretary of the Corporation, and with tFie Corporate Seal affixed, shall be the officiat act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the. corporation this 22 , day of Novemt�?r , 2010. (S�%�L� r : , _ - _ �` - �. � _ City of eremerton Pier Removaf at Former Chevmn Property Assistant Secre ry of the Company CF-4 October 201 D CEIZTIFICATE OF SECRETARY OF NORTHWE5T MARiNE CONSTRUCTION, �NC. August 17, 2410 I, Peter R. Buchler, the duly qualified and acting 5ecretary of Nortl�west Marine Construction, Inc., a Delaware corporation (the "COmpanX"), hereby certify that: Below is a true, correct and complete copy of resolutions duly approved and adopted by written consent of the Board of Directors of the Company effective as of the date hereof, which resolutions have not been revoked, modified, arnended or rescinded and are still in fuIl foi•ce and effect on and as of the date hereof: Autlrorization to Sign Propos�rls m:d Contracts: WHEREAS, the Bylaws af the Company provides that the o�cers of the Company shall have such powers and perform sucll duties as may be conferred upon or assigned to them by the Board of Directors; NOW, TIIEREFORE, BE IT RESOLVED, by the Boarti of Directors of Northwest Marine Construction, Iiic., (the "Company") that Neil Williams, Vice President of the Company, be, and he is hereby authorized, empowered and directed for and on behalf of #he Company to negotiate for and sign any and alI bid proposals and/or contracts which this Company might enter for the fuinishing of services of the Company under such terms, conditions and stipulations, and for consideration as he might deem to be in the best interest of the Company. IN WITNESS WHEREOF, the undersigned has executed and delivered this certificate in the name and on behalf of the Company on and as of the date first written above. �----- s � -�,, e%''"l �a- Peter R. Buchler, Secretary �, Michelle Perry, notary public in the State of Texas, do hereby certify that Peter R. Buciller is the duIy elected Secretaiy of the Company authorized to execute and deliver this certificate, and the signature set forth above is his genuine signature. �; � t (�r1,(,�` .�it.-'�. Michelle Perry, Notary Public Page 1 of 1 CERTIFICATE OF SECREI'ARY OF NORTHVVEST 1VIARINE CONSTRUCTION, INC. August 17, 2010 I, Peter R. Buchler, the duly qualified and ac#inQ Secretary of Northwest Marine Construction, Inc., a Delaware corporation (the "CompanX"}, hereby certify tltat: Beiow is a true, correct and complete copy of resolutions duly approved and adopted by written consent of the Board of Directors of the Company effective as of the date hereof, which resolutions have not been revoked, modified, amended or rescinded and are still in full force and effect on and as of the date hereof: Election of Offrcer WHER�AS, the Bylaws of the Company provides that any officer may be appointed by tlie Board of Directors; NOW, THEREF012E, SE IT RESOLVED, by the Baard of Directors of Northwest Marine Consnuction, Inc., {the "Company") that effective August 17, 2010, George Gardner be and hereby is elected to the office of Assistant Secretary of the Company, to hold such office until his successor is appointed and qualified or until his earlier resignation, death or removal. IN WITNESS W�IEREOF, the undersigned has executed and delivered this certificate in the name and on behalf of the Company on and as of the date first written above. Peter R. Buchler, Secretary 1, Michelle Perry, notary public in the State of Te�as, do hereby certify that Peter R. Buchler is the duly elected Secretary of the Company authorized ta eYecute a��d deliver this certificate, and the signature set forth above is his genu'vie signature. � �t �.�..�'�.� ,•'L � �� , Michelle Peny, Notary Public Page 1 of 1 ��If'��8��6`°UA �� ll�� II ��J��N�� I oa 11/10/20 0 Yl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANDTHE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MCGRIFF, SEIBELS & WILLIAMS OFTEXAS, INC. NAME: PHONE F� 818 Town & Country Blvd, Suite 500 Nc No Ext : 713-877-8975 AIC No : Houston, TX 77024-4549 E oi«� INSURED Northwest Marine Construction, Inc. 1112 Alexander Ave Tacoma, WA 98421 INSURER(S) AFFORDING iNSUReRA:AGCS Marine Insurance Comp� INSUReR B :Navigators Ins. Co. INSUReR C:New Hampshire Insurance Co. INSURER o:Commerce and Industry Ins Co iNSUrteR e :Siqnal Mutual Indemnitv NAIC # � � INSURERF: I I COVERAGES CERTIFICATE NUMBER:BA236TUT REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DDIYYYY MM/DDIYYYY A GENERAL LIABILITY OML92003757 10/01/2010 10/01/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE � OCCUR MED EXP (Any ona person) $ 5,000 X Sudden & Accidental Pollution PERSONAL & ADV tNJURY $ 1,000,000 X Incl GENERALAGGREGATE $ 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 1,000,000 PRO- $ X POLICY ,IECT LOC C AUTOMOBILE LIABILITY CA4576330 10/01/2010 10/01/2011 COMBINED SINGLE LIMIT �,000,000 Ea accident $ X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident X �eased $2500 deductible $2500 deductible B UMBRELLA LIAB X OCCUR OXL92003758 / 10/01/2010 10/01/2011 EACH OCCURRENCE $ 5,000,000 H010LIA202701 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION $ $ D WORKERS COMPENSATION WC069862273 (Excluding WA) 10/01/2010 10/01/2011 �( WC STATU- OTH- AND EMPLOYERS' LIABILITY Y � N Stop Gap Employers Liability Onl TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED� � N � A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPER.4TIONS below E.L. DISEASE - POLICY IIMIT $ 1,000,000 E USL&H / JONES ACT 19100 10/01/2010 10/01/2011 USL&H-Statutory $ 0 Contingent MEL $ 10,000,000 S S S DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Bremerton and its officers, elected officials, employees, agents and volunteers are named as Additional Insured (except in respect of Workers' Compensation) as required by written contract, subject to policy terms, conditions, and exclusions and are provided with a Waiver of Subrogation as required by written contract, subject to policy terms, conditions, and exclusions. This insurance is Primary as required by written contract and subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton Wtlliam Davis 3027 Olympus Drive Bremerton, WA 98310 AUTHORIZED REPRESENTATIVE � Page 1 of 3 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1VgADtINE G�IVERAI, bIA�II.�'I'� 'II'Q-I�S ENIDOgtSEIYIEI�'g' CkIA1VG�S '1'H� PO�,ffCY. P�.�ASE �.AY3 d'g' CA��'[[JI..II.Y. ADIDIT�OIVAL JNS[3�tED & WAIVER O� SUBROGATIOIY EIVIDO�LS�IVYEN'�' {�I,A1�iKET} (MGL 09 OS 106) This endorsement modifies insurance provided under: Marine Comprehensive Liability Coverage Forrn SCHED[7�.E �remiu�n: S gnciudec9 In consideration of the additiona! premium shown in the schedule to this endorsement and subject to a11 the terms, conditions, lisnits and exclusions of the policy to which this endvrsement is aEtached, it is agreed that: � l. Section IV, of the policy (Who is an Insured} is amended tv include any person or organization that you are obligated by an "insureci contract" to include as Additional Insureds, but only with respect to liability arising out of "your work". 2. It is further agreed that we waive any right of recovery we may have against any such Additional Insured because of payments we make for "bodily injury" or "property damage" arising out of "your work" for that Additional Insured, but onty to the extent af your obligation under the "insured contract". 3. All 4ther Tetrns and Conditions Remain Unchanged. lnsured: ORION MARINE GROUP INC �ffective Date: 07/Ol/2009 Policy No. Endorsement # OML 92001920 of FIREMAN'S FiJND INSUR.ANCE C�MPANY z i ! MGL 09 OS 106 � EMDORSEMEi1FT This endorsement, effective 12:01 A.M. 10/O1/2010 forms a part of policy No. CA 457 issued to OR I ON MAR I NE GROUP, I NC. by NEW HAMPSH I RE I NSURANCE COMPANY ' THIS EIVDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIOiVAL IiVSURED - IiVHERE REQUIRED UIVDER COIVTRACT OR AGREEMEiVT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL IIVSURED: Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person or organizations liability arising out of the use of a cover,ed "auto". l. SECTIOIV II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1 } The coverage and/or limits of this policy, or (2► The coverage and/or limits required by said contract or agreement. 87950 (10/05) 6 %aC%rr�1� Q�thorized Representative or Countersignature (in States Where Applicable) Page 1 of 1 iVYAR�NE �XC�5S LIABILITY (B�J1VgB�RS��DO'�'} '�'➢-�IS EllTDORSEII�EN'B' C�AIVGES �'HE iPOLBCV. 1PLEAS� �r�D �'fl' CAd��J�,�,X. CON�ITflON - AIDIDI"i'IONAL �NS��13 ! WAIVER O� SUBItOGA'�'It)IV / iVOTICE �DF CANCEL�.ATBON / P�tI1VQARlI IPISU�NC� CLAI3SE (B�,AI�(➢{�E'II') COIVDI'I'�ON - A�DI'TIONAL g1VSlJItE�D / V►'A�V��t OF S�R�GA'g'QO1�T / tV0'I'ICE OF CA�TCELLA'I'�OI+J / PRII�IAHtX �1VSURAtYCE CL,AiJSE �B1L�VH�'I') It is hereby understood and agreed that the Company names as Additeo�al �nsured and waives their rights of subrogation against principals on behalf of whom the Inswred is providing services, but (a) Only as respects operations performed by the i�Iamed Insured or on their behalf for such principals, and (b} 4nly to the extent that such principals have also been named and waived by the underlying ensurance, and (c) Only to the extent that the Naaned Aosured is required to do the same by written contract or to the extent the Named �nsured has actually named and/or waived the Company's rights of suhrogation through confirmation of insurance. Neither naming nor waiving shall be valid unless issued or agreed to in writing by the IVamed Ynsured prior to any loss, accident or occurrence. It is further agreed that the Company shall foilow underiying insurauce as respects notice of cancellation to persons or organizations other than the Named Insured, however in no evenE wiiE more than thirty {30) days notice be required. Notwithstanding the above, cancellation by the 1Vamed Insured shall require nn notice to others. Cancellation by a premium financing company with whom the Naaned Iasured has provided such authority shall be deemed to be cancellation by the 1Vamed Insured. The Cotnpany aclrnowledges the existence of iiability irtsurance carried by organizations that have been named as Additional Insureds under this endorsement. It is understood and agreed that the provisions relating to ather insurance in this policy, if any, shall not be applicable to such Additional Insureds. It is further understood and agreed that the insurance provided by this policy shall be priinary and such other insurance carried by Additional Insureds shall not be called upon by the Company for contribution, deficiency, concunent or double insurance or otherwise. It is understood and agreed that the above shall not be effective unless coverage is ]ikewise provided, valid and collectible in the underlying insurance as scheduled in this policy. All Other Terms and Conditions Remain Unchanged. Insured: ORION MARINE GROUP INC ET AL Effective Date: 07/01/2049 Pol;cy No. Endorsement No. Joint Policy of the 5ubscribing Underwritcrs 7