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HomeMy WebLinkAbout08 038 Calcium Chloride 2008 (Cliff HollandTrucking)Tender Acceptance e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2008 - 038 BEING A BY-LAW TO ACCEPT A TENDER TO SUPPLY AND APPLY CALCIUM CHLORIDE AND/OR MAGNESIUM CHLORIDE EQUIVALENT ON ROADS LOCATED WITHIN THE MUNICIPALITY OF KINCARDINE (Cliff Holland Trucking) WHEREAS Section 44 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality has jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable in the circumstances; 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 there is a need to apply calcium chloride and/or magnesium chloride equivalent on various roads within the Municipality of Kincardine; AND WHEREAS the Council of the Municipality of Kincardine deems it expedient to accept the tender to supply and apply of 260 tonnes of calcium chloride and/or magnesium chloride equivalent on various roads located within the Municipality of Kincardine from Cliff Holland Trucking in the amount of $61,880.00, excluding GST; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of Cliff Holland Trucking for the supply and apply of calcium chloride and/or magnesium chloride equivalent in the amount of $61,880.00, excluding GST, be hereby accepted. 2. That the Mayor and CAD be hereby authorized to sign, on behalf of the Council of The Corporation of the Municipality of Kincardine any contracts and other documents required to authorize such work. 3. This by-law shall come into full force and effect upon its final passage. . . ./2 e e e e Page 2 Calcium Chloride 2008 (Cliff Holland Trucking) Tender Acceptance By-law By-law No. 2008 - 038 4. This by-law may be cited as the "Calcium Chloride 2008 (Cliff Holland Trucking) Tender Acceptance By-law". READ a FIRST, and SECOND time this 19th day of March, 2008 51~ bt""",,- -n,<,...J)..'::lf~ Clerk READ a THIRD time and FINALLY PASSED this 19th day of March, 2008. ~"'- ~~7 Cler THE MUNICIPALITY OF KINCARDINE . This AGREEMENT made in triplicate this 25th day of March, 2008 BETWEEN 552976 Ontario Limited, c/o Clifford Holland, R. R. #1, 2200 Comber Sideroad, Stoney Point, Ontario, NOG 1 NO hereinafter called the "Contractor" THE PARTY OF THE FIRST PART AND The Municipality of Kincardine hereinafter called the "Municipality" 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 furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Public Works Manager, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and Tender therefore, which are identified and acknowledged in the Schedule of Provisions, Plans, Specifications 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 to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION Tender No. 2008~01 - Supply and Apply Calcium Chloride and/or Magnesium Chloride Equivalent at a tendered amount of $61 ,880.00 exclusive of GST. IN CONSIDERATION WHEREOF, said party of the second part agrees to pay to the Contractor for all work done, and the unit 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. Signature of Corporation Witnesses and Position Held Sign of Contractor or Sea~ af the Contractor The Corporation of the Municipality Kincardine c"~-v C~ Witnr/. !I ( U\~N l '~ Witness Mayor '?' -" ''; ~ -'" ~ >~'><-.C"~"'^V .