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HomeMy WebLinkAbout18 032 Routing and Sealing of Cracks 2018 (2228977 Ontario Inc. o/a RanN Maintenance) Tender Acceptance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT .o •7; Gy'CYPAl11Y OF Vt1100 BY-LAW NO. 2018 - 032 BEING A BY-LAW TO ACCEPT A TENDER FOR ROUTING AND SEALING CRACKS IN HOT MIX ASPHALT PAVEMENT WITHIN THE MUNICIPALITY OF KINCARDINE (2228977 Ontario Inc. o/a RanN 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 routing and sealing of cracks in hot mix asphalt pavement pursuant to Tender No. 2018-05; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of 2228977 Ontario Inc. o/a RanN Maintenance for routing and sealing of cracks in hot mix asphalt pavement within the Municipality of • Kincardine, in the amount of $27,271.68 (includes 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 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 "Routing and Sealing of Cracks 2018 (2228977 Ontario Inc. o/a RanN Maintenance) 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. UY Mayor Depu Clerk This is Schedule "A "to By-Law Noa30passed the 2 I day of HCL(C'h 20(%:‘ THE MUNICIPALITY OF KINCARDINE This AGREEMENT made in triplicate this 4th day of April, 2018. BETWEEN 2228977 Ontario Inc., o/A RanN Maintenance, 8066 Wellington Road 124, Guelph, Ontario, N1 H 6H7 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. 2018-05— ROUTING AND SEALING CRACKS IN HOT MIX ASPHALT PAVEMENT for a tendered amount of$30,323.55, 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. Witness or Seal of the Contractor ,-'Signature of Contr or The Corporation of the Municipality Kincardine Mayor, Anne E-."e AdiEwAlti Chief Administrative - Sharon Chambers