HomeMy WebLinkAbout18 031 Winter Sand 2018 (Johnston Bros. (Bothwell) Ltd. Tender Acceptance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2018 - 031
BEING A BY-LAW TO ACCEPT A TENDER FOR THE SUPPLY, LOAD, HAUL
AND STACK SCREENED WINTER SAND FOR MUNICIPAL ROADS
(Johnston Bros. (Bothwell) 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 pursuant to Tender No. 2018-04;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of Johnston Bros. (Bothwell) Ltd. for the supply of sand, in
the amount of $60,872.83 (including applicable taxes), be hereby accepted
as per the tender agreement attached hereto as Schedule "A".
2. That the Mayor and Chief Administrative Officer be authorized and directed
to 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.
3. This by-law shall come into full force and effect upon its final passage.
4. This by-law may be cited as the "Winter Sand 2018 (Johnston Bros.
(Bothwell) Ltd.) Tender Acceptance By-law".
READ a FIRST and SECOND TIME this 21st day of March, 2018.
READ a THIRD TIME and FINALLY PASSED this 21st day of March, 2018.
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THE MUNICIPALITY OF KINCARDINE
This AGREEMENT made in triplicate this 4th day of April, 2018.
BETWEEN Johnston Bros. (Bothwell) Ltd., P.O. Box 220, Bothwell, Ontario, NOP 1C0
hereinafter called the "Contractor"
THE PARTY OF THE FIRST PART
AND
The Corporation of the Municipality of Kincardine
hereinafter called the "Municipality"
THE PARTY OF THE SECOND PART
WITNESSETH, that the Contractor 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. 2018-04—SUPPLY, LOAD, HAUL AND STACK SCREENED WINTER SAND for a
tendered amount of$67,596.00, including applicable taxes.
IN CONSIDERATION WHEREOF, the Municipality 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.
1
Witness or Seal of the Contractor -':nature o ' • tra or
The Corporation of the
Municipality Kincardine
Mayor, Anne Eadie
hief Administrative Officer
Sharon Chambers