077-09 - Resolution - Contract with Charon Drilling for Well No. 11Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 077-09
Public Works Director
Public Works Director
Public Works Director
July 28, 2009
July 28, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE
A CONTRACT WITH CHARON DRILLING, INC. FOR THE
WELL NO. 11 (FORMERLY WELL NO. 5) CABLE-TOOL
DRILLING PROJECT LOCATED AT MCCORMICK WOODS
(PW2009-01)
WHEREAS, on June 29, 2009, a Notice to Bidders was published in the Port
Orchard Independent for submittal of written proposals and quotations for the Well No.
11 Cable-Tool Drilling project (formerly Well No. 5) to replace existing Well Nos. 1, 2
and 3; and
WHEREAS, on July 21, 2009, on or before 1:00 p.m., the City Clerk received a
total of three (3) written proposals and quotations; and
WHEREAS, on July 21, 2009, commencing at 2:00 p.m., the Director of Public
Works and City Clerk reviewed all the written proposals and quotations and determined
that Charon Drilling, Inc. was the lowest qualified bidder with a proposal in an amount
not to exceed $272,314.50; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council authorizes the Mayor to execute a contract
with Charon Well Drilling, Inc. (Exhibit A incorporated herein by
reference) for the Well No. 11 (formerly Well No.5) Cable-Tool Drilling
Project (PW2009-01) in the amount not to exceed $272,314.50.
PASSED by the City Council ofthe City of Port Orchard, SIGNED by the ayor and
attested by the Clerk in authentication of such passage this 28th d f Jul 2
C IV D
WELL 11 AUG 1 !.5 ?.00 9
WITNESSETH
THAT IN CONSIDERATION OF THE PAYMENTS , COVENANTS , AND AGREEMENTS hereinafter
mentioned to be made and performed by the parties hereto, the parties hereto covenant
and agree as follows: ·
DESCRIPTION OF WORK: Provide for the construction of Well 11, c able-tool d ri lling. The
work consists of drilling, casing, completing, developing, and t es ti ng of Well 11.
The contract price is $ ~12.) '2::> \ 4-.. c) 0 plus State sales tax, for applicable items only.
EMPLOYMENT AND PAYMENT : The Purchaser hereby promises a nd agrees w ith the
Contractor to employ, and does so employ the Contractor to provide the labor, materials,
and other things set forth in the preceding paragraph and to do and cause to be done
the above described work and to complete and furnish the same according to t h e
attached specifications and proposal at the time and manner and upon the conditions of
this contract and every part thereof.
COMPLETION OF WORK : Time is of the essence for this contract. The Contractor agrees to
commence work within FIFTEEN ( 15) days of signing the contract. The contract completion
time is NINETY (90) calendar days from the Notice to Proceed issued by the Purchaser. The
Contractor shall be allowed extensions to the contact, due to weather conditions . Such
extensions must be mutually agreed to by both parties. If failure of the Contractor to
complete the contract in the amount of time which is reasonably ascertainable, the
Contractor shall be liable for any additional cost or damages, of One Hundred Dollars
($1 00) per calendar day.
LIABILITY OF NEGLIGENCE : The Contractor shall be liable for any addit ional e xpenses
incurred by the Purchaser as a result of carelessness or negligence on the part of the
Contractor. The Contractor agrees that the Purchaser may deduct such additional c o st on
its own behalf from the monies due or to become due to the Contractor.
CANCELLATION OF CONTRACT FOR VIOLATION OF STATE POLICY: This contract may be
canceled by the officials or agents of the Purchaser authorized t o contract for or supervise
the execution o f such work in case such work is not performed in accordance with the
policy of the State of Washington relating to such work.
It is further provided the Contractor shall hold harmless the Purchaser and that no liabilit y
shall attach to the Purchaser by reason of entering into this contract, as expressly provided
herein .
AGREEMENT : The Contractor himself, and for his heirs , executors, administrators, su ccessors ,
and assigns , does hereby agree to the full performance of all covenant s herein contained
upon the part of the Contractor.
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