HomeMy WebLinkAbout20 005 Calcium Chloride 2020 (552976 Ontario Limited a/o Cliff Holland) Tender Extension By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2020 - 005
BEING A BY-LAW TO EXTEND A TENDER TO SUPPLY AND APPLY
CALCIUM CHLORIDE AND/OR MAGNESIUM CHLORIDE EQUIVALENT ON
ROADS LOCATED WITHIN THE MUNICIPALITY OF KINCARDINE
(552976 Ontario Limited a/o Cliff Holland)
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 on March 4, 2019 Council passed By-law No. 2019 — 038 to
accept the tender of 552976 Ontario Limited a/o Cliff Holland for the supply and
application of calcium chloride and/or magnesium chloride equivalent on various
roads within the Municipality of Kincardine;
AND WHEREAS 552976 Ontario Limited a/o Cliff Holland has offered to honour
the 2019 pricing with an extension of the contract for the 2020 season;
AND WHEREAS it has been determined that there is a need to apply calcium
1111 chloride and/or magnesium chloride equivalent on various roads within the
Municipality of Kincardine as outlined Public Works 2020-03;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of 552976 Ontario Limited a/o Cliff Holland for the supply
and application of calcium chloride and/or magnesium chloride equivalent
in the amount of $262/t be hereby extended for the 2020 season as per the
tender agreement attached hereto as Schedule "A".
2. That this tender be exempt in 2020 from the tendering process per Section
17.5 of GG.2.17 Purchasing and Procurement Policy.
3. 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.
• 4. This by-law shall come into full force and effect upon its final passage.
Page 2 of 2
Calcium Chloride 2020 (552976 Ontario Limited a/o Cliff Holland) Tender
Extension By-law
By-law No. 2020 - 005
• 5. This by-law may be cited as the "Calcium Chloride 2020 (552976 Ontario
Limited a/o Cliff Holland) Tender Extension By-law".
READ a FIRST and SECOND TIME this 13th day of January, 2020.
READ a THIRD TIME and FINALLY PASSED this 13th day of January, 2020.
Mayor Clerk
•
•
•
This is Schedule " " to By-Law
NTo -spa ssed the 13 day
of .36YALGf'I 20D0
THE MUNICIPALITY OF KINCARDINE
This AGREEMENT made in triplicate this 21st day of January 2020.
BETWEEN 552976 Ontario Limited, c/o Cliff Holland, 2200 Comber Sideroad,
R.R.#1, Pointe-Aux-Roches, Ontario, NOR 1N0
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
Roads Supervisor, 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
By-Law No. 2020 - 005 — CALCIUM CHLORIDE 2020 (552976 ONTARIO LIMITED A/O CLIFF
HOLLAND) TENDER EXTENSION BY-LAW (SUPPLY AND APPLY CALCIUM CHLORIDE
AND/OR MAGNESIUM CHLORIDE EQUIVALENT) for the extended amount of $59,212.00,
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.
4V/valt/
Witness or Seal of the Contractor Signature of Contractor
The Corporation of the
Municipality Kincardine
(At—it D .
Mayor, Anne Eadie
Chief Administrative Officer
Sharon Chambers