HomeMy WebLinkAbout07 288 Sidewalk Removal & Replacement Tender Acceptance (Bomar Landscaping)
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 - 288
BEING A BY-LAW TO ACCEPT A TENDER FOR
REMOVAL AND REPLACEMENT OF DEFECTIVE SIDEWALKS AND THE
CONSTRUCTION OF NEW SIDEWALKS WITHIN THE MUNICIPALITY OF
KINCARDINE
(Bomar Landscaping)
WHEREAS Section 55 of the Municipal Act, 2001, 5.0. 2001, c.25, as amended,
provides that a lower-tier municipality, in which highways are located, is
responsible for the construction and maintenance of the sidewalks and has
jurisdiction over that part of the highway;
AND WHEREAS pursuant to the said MunicIpal Act, Section 8 (1) and 9 provide
that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS it has been determined that construction and repair of sidewalks
is required in various areas of the municipality;
AND WHEREAS the CouncIl for the Municipality of Kincardine deems it expedient
to accept a tender for the removal and replacement of defective sidewalks and the
construction of new sidewalks in various locations around the Municipality to
Bomar Landscaping;
NOW THEREFORE the Council for The Corporation of the MunIcIpality of
Kincardine ENACTS as follows:
1. That the tender of Bomar Landscaping, for the removal and replacement of
defective sidewalks and the construction of new sidewalks, in the amount
of $133,027.50, excluding taxes, be hereby accepted.
2. That the Mayor and GAO be hereby authorized to sign, on behalf of the
Council for The Corporation of the Municipality of Kincardine any contracts
and other documents required to authorize such work to commence.
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Sidewalk Removal & Replacement Tender Acceptance (Bomar Landscaping)
By-law
By-law No. 2007 - 288
3. This by-law shall come into full force and effect upon ils final passage.
4. This by-law may be cited as the SIdewalk Removal & Replacement Tender
Acceptance (Bomar Landscaping) By-law".
READ a FIRST and SECOND time this 3rd day of October 2007.
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ayor
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READ a THIRD time and FINALLY PASSED this 3rd day of October 2007.
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THE MUNICIPAL.ITY OF KINCARDINE
TENDER RESUL. TS
CONTRACT NO. 2007-07 _ SldewalkTender
Opened: September 14"', 200712 noon
CONTRACTOR! DATE TENDER CERTIFIED AGFtTO SIGNED
BIDDER RECEIVED AMOUNT CHEQUE BOND
Ken Jackson 14Sep07 $158,836.42 $16,836.66 NfA ,
Construction 10:18 a.m. (excJlJdinglaxes)
Bomar Landscaping 14Sep07 $133,027.50 14,101.00 NlA ,
11:36a.m. (excluomglaxes)
Beisel Conlracting 14Sep07 $140,790.00 NfA ,
11:10 a.m. (excludingtaJles) 14,923.74
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THE MUNICIPALITY OF KINCARDINE
This AGREEMENT made in triplicate this 3rd day of October, 2007
BETWEEN Bomar landscaping Inc., P.O. 25078 stone Road, Guelph, Ontario, N1G 4T4
hereinafler called the "Contractor"
THE PARTY OF THE FIRST PART
AND
The Munlcipalilyof Kincardine
hereinafter called the "Municipalily"
THE PARTY OF THE SECOND PART
WITNESSETH, that the party of the first part, for and in consideration of the payment or payments
specified in the Tender for this work, hereby agrees to fumish all necessary machinery, tools,
equipment,supplies,labour,andothermeansofconstrue!lonand,tothesatisfae!iOll of the Public
Works Manager, 10 do all the work as described hereafter, fumish all the mate!ials except as
herein otherwise specified, and to complete such works in strie! accordance with the plans,
specifications and Tender therefore, which are identified and acknowledged in the Schedule of
Provisions, Plans, Speclfications and Conditions attached to the Tender and all of which are to be
read herewith and form part of this present Agreement as fully and completely 10 ali intents and
purposes as though all the stipulations hereof have been embodied herein.
DESCRIPTION
Tender No. 2007-07 . Sidewalk Construction/Reconstruction at a tendered amount of
$133,027.50,excludingtaxes.
IN CONSIDERATION WHEREOF, said party of the second part agrees 10 pay 10 the Contractor
for all work done, and the unil prices on the Tender.
This agreement shall ensure to the benefit of and the binding upon the heirs, executors,
administrators and assigns of the parties hereto.
IN WITNESS WHEREOF, the Contractor and the Municipality have hereunto signed their names
and set their seals on the day first above written.
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':::~JOkk, 0 O'-r
Signature of Corporation clor or Se(;ll of the
Wilnessesand Position Held
The Corporation of the
Munic. alilyKincardine
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Witness