HomeMy WebLinkAbout18 075 Structure 2107 on sideroad 30 footing struts & erosion protection (Van Driel Excavating Inc.) Tender Acceptance THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2018 - 075
BEING A BY-LAW TO ACCEPT A TENDER FOR REPAIRS
TO STRUCTURE 2107 ON SIDEROAD 30
(Van Driel Excavating Inc.)
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;
IPAND 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 for repairs on
Structure 2107 on Sideroad 30 including replacement of footing struts and slope
stabilization per Report PWD 2018-14;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of Van Driel Excavating Inc. for repairs on Structure 2107
on Sideroad 30 including replacement of footing struts and slope
stabilization, in the amount of $43,931.59 (including the non-refundable
• portion of HST), 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 "Structure 2107 on Sideroad 30 - Footing
Struts and Erosion Protection (Van Driel Excavating Inc.) Tender
Acceptance By-law".
READ a FIRST and SECOND TIME this 6th day of June, 2018.
READ a THIRD TIME and FINALLY PASSED this 6th day of June, 2018.
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Mayor Clem k
This is Schedule "LI " to By-Law
No.aO Grassed the 6 day
of Sum' 2016
THE MUNICIPALITY OF KINCARDINE
This AGREEMENT made in triplicate this 14th day of June 2018.
BETWEEN Van Driel Excavating Inc., P.O Box 339, Clinton, ON NOM 1L0
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
RFQ-Repairs Structure 2107 Sideroad 30
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 RFT-BCTES-18-08.
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 Contractor
The Corporation of the
Municipality Kincardine
Mayor, Anne Eadie
44Mcpif
ief Administrative Officer
Sharon Chambers