HomeMy WebLinkAbout08 040 Winter Sand 2008 (Bannerman Contracting Ltd) Tender Acceptance
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2008 - 040
BEING A BY -LAW TO ACCEPT A TENDER FOR THE SUPPLY OF WINTER
SAND FOR MUNICIPAL ROADS
(Bannerman Contracting Ltd.)
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 the Council of The Corporation of the Municipality of Kincardine
acknowledges the need for sanding of municipal roadways during the winter
months;
AND WHEREAS the Council of the Municipality of Kincardine deems it expedient
to accept the tender of Bannerman Contracting Ltd. for the supply of 10,000
tonnes of winter sand for the Municipality's roadways; including the use of an
elevator to load sand into the Municipality's sand sheds, in the amount of
$39,420.00, excluding gst,
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of Bannerman Contracting Ltd. for the supply of sand and
the use of an elevator, in the amount of $39,420.00, excluding gst, be
hereby accepted.
2. That the Mayor and CAD 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.
3. This by-law shall come into full force and effect upon its final passage.
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Winter Sand 2008 (Bannerman Contracting Ltd.) Tender Acceptance By-law
By-law No. 2008 - 040
4.
This by-law may be cited as the "Winter Sand 2008 (Bannerman
Contracting Ltd.) Tender Acceptance By-law".
READ a FIRST, and SECOND time this 19th day of March, 2008
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Clerk!
READ a THIRD time and FINALLY PASSED this 19th day of March, 2008.
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THE MUNICIPALITY OF KINCARDINE
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This AGREEMENT made in triplicate this 25" of March 2008
BETWEEN Bannerman Contracting Ltd., 244 Queen Street, Kincardine, Ontario, N2Z
2S5
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 descnbed hereafter, furnish all the materials except as herein
othetWise 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 hereofhave been embodied herein.
DESCRIPTION
Tender No. 2008-04- Snpply of Winter Sand for a tendered amount of$41,245.00, including all
applicable taxes.
IN CONSIDERATION WHEREOF, said party of the seoond 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.
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Si ure ofCO-nrractor or Seal of the
Contractor
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Witness '
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The Corporation of the
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