HomeMy WebLinkAbout10 058 Crack Sealing R & N Maintenance Bid Acceptance By-Law•
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY -LAW
NO. 2010 - 058
BEING A BY -LAW TO ACCEPT A TENDER FOR THE CRACK SEALING OF
ROADS WITHIN THE MUNICIPALITY OF KINCARDINE
(R & N Maintenance)
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 within the
Municipality of Kincardine for cracking sealing of roads;
AND WHEREAS a Public Tender for the crack sealing of roads was advertised in
March, 2010; however no response was generated;
AND WHEREAS staff is requesting that Council approve the purchase under the
Request for Quotation — Informal Methodology, as opposed to the Request for
Tender process under Policy GG.1.17 — Purchasing and Procurement;
AND WHEREAS the Council of the Municipality of Kincardine deems it expedient
to accept the tender for the crack sealing of roads within the Municipality of
Kincardine from R & N Maintenance at a cost of $0.992 per lineal metre;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That Council approve the purchase of the above noted services under
Section 6.3 Request for Quotations — Informal Methodology of Policy
GG.1.17 — Purchasing and Procurement.
2. That the tender of R & N Maintenance for the crack sealing of roads within
the Municipality of Kincardine, at a cost of $0.992 per lineal metre, be
hereby accepted.
3. That the Mayor and Chief Administrative Officer be authorized and directed
to sign an execute, on behalf of the Council of The Corporation of the
Municipality of Kincardine, any contracts and other documents required to
authorize such work to commence.
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4. This by -law shall come into full force and effect upon its final passage.
5. This by -law may be cited as the "Crack Sealing (R & N Maintenance.) Bid
Acceptance By -law ".
READ a FIRST and SECOND TIME this 5 day of May, 2010.
Page 2
Crack Sealing (R & N Maintenance) Bid Acceptance By -law
By -law No. 2010 - 058
ayor
Clerk
READ a THIRD TIME and FINALLY PASSED this 5 day of May, 2010.
ayor
k)G'WyAp, - tho t_a io sst
Clerk
THE MUNICIPALITY OF KINCARDINE
This AGREEMENT made in triplicate this 11 day of May, 2010.
BETWEEN 2228977 Ontario Inc. O/A R & N Maintenance 8066 Wellington Rd 124, Guelph
ON N1 H 6H7
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
Quotation No 2010 -02— Crack Sealing of Roadways at a tendered amount of $44,640.00
(agree to supply crack sealing of 45,000 linear meters at a cost of $0.992 per linear meter),
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 hereunt9 signed their names
and set their seals on the day first above written.
O ` \cc, Oda I
Signature of Corporation
Witnesses and Position Held
Witness
Witness
"S
ignat re of Contractor or Seal of the
Contractor
The Corporation of the
Municipality Kincardine
CAO �_ G