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Home My WebLink About~Master - Change Order No. 1 for Unit 7 Boiler Repair Project RESOLUTION NO. 19-215 RESOLUTION APPROVING CHANGE ORDER NO. 1 ON CONTRACT WITH HELFRICH BROTHERS BOILER WORKS, INC. FOR UNIT 7 BOILER REPAIR PROJECT FOR THE CITY OF AMES, IOWA WHEREAS, it has been determined that a Change Order is necessary and proper on the above Contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that Change Order No. 1 on contract with Helfrich Brothers Boiler Works, Inc. of Lawrence, Massachusetts, for the Unit 7 Boiler Repair Project to be approved and adopted as attached hereto and made a part hereof by this reference. ADOPTED THIS 141h day of May, 2019. Diane - Voss, City Clerk John . Haila, Mayor Introduced by: Corrieri Seconded by: Beatty-Hansen Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Martin, Nelson Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 141h day of May, 2019. CITY OV CHANGE ORDER NO. 1� A m le CONTRACT I BID NO: 2019-025 PURCHASE ORDER NO: 056562 May 6, 2019 Project: Unit 7 Boiler Repair Project Contractor Name: Helfrich Brothers Boiler Works Inc Change Orders Approved to Date: Address: 39 Merrimack Street 1 3 City,State,&Zip Code: Lawrence, MA 01843 2 4 The contract is modified as follows upon execution of this Change Order. The changes included in this change order are made in order to carry out the original intent of the contract. The changes included in this change order are to be accomplished in accordance with the terms, stipulations. and conditions of the original contract as though included herein. DESCRIPTION NTE AMOUNT Change Order in the amount of $233,260 ($218,000 + $15,260 sales tax) of $233,260 additional pricing for Helfrich to utilize Whertec (Jacksonville, FL) and Alabama Laser (Munford. AL) as subcontractors to perform the laser cladding of the alloy (Inconel 622 or equivalent) onto the boiler tubes for the project. This is the result of the City "after due investigation.' invoking Section 7.3 in Category III of the Invitation to Bid (2019-025), rejecting the subcontractor originally proposed by Helfrich's to laser apply the alloy onto the boiler tubes. The City's rejection of the original subcontractor and Helfrich's response regarding the replacement subcontractor(s) is documented in a string of emails between the City and Helfrich as listed below: • City of Ames to Helfrich (March 8, 2019 1:50 PM) • Helfrich to City of Ames (March 15. 2019 1:10 PM) ■ City of Ames to Helfrich (March 15. 2019 3:51 PM) ■ Helfrich to City to Ames (March 15. 2019 4:00 PM) Contract Price: Original contract rice: $6,376.685,00 Change orders approved to date: $0.00 Amount of this change order: $233.260.00 Adjusted contract price including this change order: $6.609,945.00 City of Ames, Iowa Contract 2019-025 Change Order No. 1 Page 2 of 2 Rec mended: Acci�p o tractor: Ac ep d for f A Donald E. Kom, Director Signature Jo n A. Haila, Mayor City of Ames Electric Services �Se,\"6 4"C'A. City of A es, Iowa Printed name &title OS-QI A Date Date Date RIDER NO. 1 Employers Mutual Casualty Company To be attached to and form a part of: Bond No. S010798 Type of Bond: Performance and Payment Bond Executed by Helfrich Brothers Boiler Works, Inc., and Employers Mutual Casualty Company in favor of City of Ames In consideration of the premium charged for the attached bond, it is hereby agreed to change: The limit has been amended to $6,609,945.00 in lieu of$6,376,685.00 This rider is effective May 6, 2019 This rider is executed upon the express condition that the surety's liability under said bond shall not be cumulative. The referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. Signed, sealed and dated the 7t" day of May, 2019. Helfrich Br the r B ler Works by Principal Employ rs M al Casualty omp ny b Shelly Andrade, A orney-in-Fact t AFEMC-1 P.O.Box 712•Des Moines, Iowa 50306-0712 INSURANCE CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company,an Iowa Corporation 4. Illinois EMCASCO Insurance Company,an Iowa Corporation 2. E6ICASCO Insurance Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 3. Union Insurance Company of Providence,an Iowa Corporation 6. E61C Property&Casualty Company,an Iowa Corporation hereinafter referred to severally as"Company"and collectively as'Companies",each does,by these presents,make,constitute and appoint: Shelly Andrade its true and lawful attomey-in-fact,with full power and authority conferred to sign,seal,and execute the following Surety Bond: Surety Bond Number:Bid Bond Principal :T. Buck Construction, Inc. Obligee :Town of Jay and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to(1)appoint affomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof;and(2)to remove any such attomey-in-fact at any time and revoke the power and authority given to him or her.Attomeys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney issued to them,to execute and deliver on behalf of the Company,and to attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company.Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shill be fully and in all respects binding upon this Company.The facsimile or mechanically reproduced signature of such officer,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power-of-attomey of the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF,the Companies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this 1 st day of July,2018. Seals Bruce G.Kelley,CEO,Chairman of Todd Strother, Companies 2,3,4,5&6;President Senior Vice President ;� of Companies 1,2&6;Treasurer of 2 SEAL =z= Z a 1863�°o=- 1953 Companies 1,2,3,4&6 y, wwn,:oS =�• Foy= On this 1st day of July,2018 before me a Notary Public in and for the State of Iowa,personally appeared Bruce G.Kelley and Todd Strother,who,being by me duly swom,did say that they �s"'"�f' WS"`'"c'• °t""�;' are,and are known to me to be the CEO,Chairman,President and Treasurer,and/or Senior y4�:Opro",�t'.c�:- ��:�•r o•�'-CQ; :,Qy�'opr o��','rCo' � Vice President,respectively,of each of the Companies above;that the seals affixed to this w: SEAL° a SEAL y-SEAL`g instrument are the seals of said corporations;that said instrument was signed and sealed •s•,, :�•, ;; on behalf of each of the Companies by authority of their respective Boards of Directors; OWA M ' OqM DAK�; +cvEs and that the said Bruce G. Kelley and Todd Strother,as such officers,acknowledged the " execution of said instrument to be their voluntary act and deed,and the voluntary act and deed of each of the Companies. t KATHY L,OVERIDOE My Commission Expires October 10,2019. F Commission Number 7f3 M C=� My Commission Eq*es k6v--L c� October 10, 2019 Notary Vublic in and for the State dY Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies,and this Power of Attorney issued pursuant thereto on 1 st day of July,2018,are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 31 st day of May 2019 Vice President 7853(7-18) 0000000 00000 000 SSS 000000-00 "For verification of the authenticity of the Power of Attorney you may call(515)345-2689."