HomeMy WebLinkAbout19 033 Miscellaneous Asphalt Repairs 2019 (Art's Landscaping & Asphalt Paving) Tender Acceptance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2019 - 033
BEING A BY-LAW TO ACCEPT A TENDER FOR MISCELLANEOUS ASPHALT
REPAIRS WITHIN THE MUNICIPALITY OF KINCARDINE
(Art's Landscaping & Asphalt Paving)
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 asphalt repairs pursuant to Tender No. PW 2019-02;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of Art's Landscaping & Asphalt Paving for miscellaneous
asphalt repairs within the Municipality of Kincardine, in the amount of
$45,150.91 (includes including the non-refundable portion of HST), be
hereby accepted as per the tender agreement attached hereto as Schedule
• «A„
2. That the Mayor and Chief Administrative Officer be authorized and directed
to execute, on behalf of The Corporation of the Municipality of Kincardine,
any contracts and other documents required to authorize such work to
commence.
3. This by-law shall come into full force and effect upon its final passage.
4. This by-law may be cited as the "Miscellaneous Asphalt Repairs 2019
(Art's Landscaping & Asphalt Paving) Tender Acceptance By-law".
READ a FIRST and SECOND TIME this 4t" day of March, 2019.
READ a THIRD TIME and FINALLY PASSED this 4th day of March, 2019.
, "r)01, ur.a.te
11111 Mayor Clerk
This is Schedule "�"to$y-Law
Not 19-033passed the `{ day
of HQ(C)1 20(9
THE MUNICIPALITY OF KINCARDINE
This AGREEMENT made in triplicate this 5th day of March, 2019.
BETWEEN Art's Landscaping &Asphalt Paving, 166 Bennett Street East,
Goderich, Ontario, N7A 4H4
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
Contract No. PW 2019-02 — MISCELLANEOUS ASPHALT REPAIRS for a tendered amount of
$50,138.10, 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 Signatur of Contractor
The Corporation of the
Municipality Kincardine
Mayor, Anne Eadie..
Chief Administrative Officer
Sharon Chambers