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HomeMy WebLinkAbout06-168 Motion By: LeMair Second By: Dornbush WHEREAS, The City entered into a Contract with Keys Well Drilling Company on September 6, 2005; and WHEREAS, On August 25, 2006 Keys Well Drilling Company indicated in writing that they are unable to complete the well as stipulated in the Contract; and WHEREAS, Keys Well Drilling Company does not have the equipment necessary to complete Well No. 9 in accordance with the Contract; and WHEREAS, Under Section 17 of the City's Contract the City may terminate the Contract if the contractor is unable to complete the project within seven (7) days notice of this intent to terminate the Contract; and WHEREAS, The City has notified the Contractor in writing of the intent to terminate the Contract on September 15, 2006; and WHEREAS, Under Section 14 of the Contract the City has the right to carry out the work to complete the project in accordance with the Contract at the contractors expense; and WHEREAS, The City shall not make any additional payments to Keys Well Drilling Company until Well No. 9 is complete. WHEREAS, The City denies Change Order No. 1 as it is not required upon termination of the Contract. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The contract with Keys Well Drilling Company for the completion of Wells No. 8 and 9 is hereby terminated. 3. Staff is authorized to advertise for bids for the required work to complete Well No. 9 in accordance with the Contract. PASSED AND ADOPTED THIS 5TH DAY OF SEPTEMBER, 2006. YES NO Haugen X Hau~en Dornbush X Dornbush Erickson X Erickson LeMair X LeMalr Millar X Millar Fr.ank~anager .. WWWicityofpriorlake:com Phone 952.447.4230 / Fax 952.447.4245