HomeMy WebLinkAbout19 037 Granular 'M' Maintenance Gravel 2019 (Johnston Bros. (Bothwell) Ltd.) Tender Acceptance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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4704ILIrY Of KIN�a�\@ ®
BY-LAW
NO. 2019 - 037
BEING A BY-LAW TO ACCEPT A TENDER TO SUPPLY, LOAD, HAUL AND
PLACE GRANULAR `M' MAINTENANCE GRAVEL
(Johnston Bros. (Bothwell) Ltd.)
WHEREAS Section 44 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality that 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 to apply Granular 'M'
maintenance gravel on various roads within the Municipality of Kincardine as
outlined in Tender No. PW 2019-06;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of Johnston Bros. (Bothwell) Ltd. to supply, load, haul and
place Granular 'M', maintenance gravel on Municipality of Kincardine
roads, in the amount of $249,027.07 (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 "Granular 'M' Maintenance Gravel 2019
(Johnston Bros. (Bothwell) Ltd.) Tender Acceptance By-law".
READ a FIRST and SECOND TIME this 4th day of March, 2019.
READ a THIRD TIME and FINALLY PASSED this 4th day of March, 2019.
/ Mayor Clerk
•
This is Schedule"A"to By-Law
Nos9AU32 passed the f___day
of 2011'
THE MUNICIPALITY OF KINCARDINE
This AGREEMENT made in triplicate this 5th day of March, 2019.
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
Contract No. PW 2019-06 - Supply, Load, Haul and Place Granular `M' Maintenance Gravel
for a tendered amount of$276,533.60, 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.
a
W;tness or Seal of the Contractor ��gnatur- of .n Victor
The Corporation of the
Municipality Kincardine
1614-'1fL'-e—*
ayor, Anne Eadie
of Administrative Officer
Sharon Chambers