HomeMy WebLinkAbout10 130 Airport Fuel Tank Replacement & Remediation (Edward Fuels Ltd) Tender THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2010 —130
BEING A BY -LAW TO ACCEPT A TENDER FOR THE REMOVAL AND
REPLACEMENT OF EXISTING UNDERGROUND FUEL TANKS
(Edward Fuels Ltd.)
AND WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25, as
amended Sections 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 a municipality 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 Municipality of Kincardine is the owner of the Municipal
Airport, located on the west side of Highway #21 in the Municipality of
Kincardine;
AND WHEREAS Council deems it advisable to remove and replace above
ground, the existing underground fuel tanks and to upgrade the existing cabinets
in order to provide enhanced services at the Municipal Airport.
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it expedient to accept a tender for the removal and replacement of
existing underground fuel tanks including upgrades to existing cabinets and site
preparation and remediation;
NOW THEREFORE the Council of The Corporation of the Municipality of
• Kincardine ENACTS as follows:
1. That the tender of Edward Fuels Ltd. for the removal and replacement of
existing underground fuel tanks including upgrades to existing cabinets
and site preparation and remediation, in the amount of $133,289.36,
excluding taxes, with a contingency fund in the amount of $13,328.64 for a
total of $146,618.00, be hereby accepted.
2. That additional funds beyond those included in the 2010 budget, in the
amount of $26,618.00 and consisting of $13,328.64 for contingency and
$13,289.36 for project purposes, be taken from the Airport Reserve Fund.
3. That the Mayor and Chief Administrative Officer be hereby authorized and
directed to sign and 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 subject to indemnity clause
clarification that it covers construction practices in accordance with the
tender.
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Airport Fuel Tank Replacement & Remediation (Edward Fuels Ltd.)
Tender Acceptance By -law"
By -law No. 2010 - 130
•
4. This by -law shall come into full force and effect upon its final passage.
5. This by -law may be cited as the "Airport Fuel Tank Replacement &
Remediation (Edward Fuels Ltd.) Tender Acceptance By -law ".
READ a FIRST and SECOND time this 6 day of October, 2010.
I _
ayor Clerk
READ a THIRD time and FINALLY PASSED this 6 day of October, 2010.
111
s + . i � '
Mayor Clerk
•
•
This AGREEMENT made in duplicate this 24th day of November, 2010
BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
THE PARTY OF THE FIRST PART
AND
EDWARD FUELS LIMITED
hereinafter called the "Contractor"
THE PARTY OF THE SECOND PART
WITNESSES that the Municipality and the Contractor undertake and agree as follows:
ARTICLE A-1
The Contractor shall provide all the services and perform all the works described in the Contract
Document titled:
Corporation of the Municipality of Kincardine — Fuel Tank Replacement
And Remediation (Tender AP -2010 — 01)
Subject to Articles A -2 and A -3 herein, the Contractor shall do and fulfil everything indicated by
this Agreement.
ARTICLE A -2
The following is an exact list of Contract Documents referred to in ARTICLE A-1, hereto annexed
and signed in duplicate by both parties, which are, subject to Article A -3 herein, to be read into
and form part of this Agreement.
Contractor's complete Tender response including:
- 1.0 — Information to Bidders
- 2.0 — General Conditions
- 3.0 — Scope of Work/Special Provisions
4.0 — Form of Tender
- Insurance Certificate(s)
- WSIB Certificate
ARTICLE A -3
The Municipality of Kincardine agrees to pay the Contractor, in lawful money of Canada in
accordance with the Form of Tender — Price Bid Form included in these contract documents and
summarized below:
$150,616.97 (including HST).
All written communications between the parties are deemed to have been received by the
addressee if sent to:
The Office of the Manager, Economic Development and Tourism
Municipality of Kincardine
1475 Concession 5
R.R. #5
Kincardine ON N2Z 2X6
Edward Fuels Limited
263 Huron Road
Goderich ON N7A 2Z*
Attention: Donald Edward, President. i
This Agreement along with the Contract Documents attached hereto constitute the Contract
between the parties, and it shall be to their benefit and be binding upon them, their successors,
executors and administrators.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and
year first above written or caused their corporate seals to be affixed, attested by the signature of
their proper officers, as the case may be.
SIGNED, SEALED AND DELIVERED
In the presence of
) THE CORPORATION OF THE
) MUD IPALIT)L -QF K CARDINE
C
)
WWII ,
WITNES ) 'ma yor— Kraemer
(- (51) )
WITNESS ) is Administrative Officer -
) John deRosenroll
)
EDWARD FUELS LIMITED,
) Contractor
)
Per:
WITNESS ) Donald Edward, President
)
) I have authority to bind the Corporation