HomeMy WebLinkAbout20 035 Sidewalk Removal and Replacement 2020 (465929 Ontario Ltd. o/a Nicholson Concrete) Tender Acceptance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2020 - 035
BEING A BY-LAW TO ACCEPT A TENDER TO REMOVE AND REPLACE
SIDEWALKS WITHIN THE MUNICIPALITY OF KINCARDINE
(465929 Ontario Ltd. o/a Nicholson Concrete)
WHEREAS Section 55 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a lower-tier municipality in which highways are located, is
responsible for the construction and maintenance of the sidewalks and has
jurisdiction over that part of the highway;
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 remove and
replace selected sidewalks within the Municipality of Kincardine pursuant to
Tender No. PW 2020-03 and Report No. Public Works 2020-05;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of 465929 Ontario Ltd. o/a Nicholson Concrete for the
removal, and replacement of selected sidewalks within the Municipality of
• Kincardine, in the amount of $57,773.73 (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 "Sidewalk Removal and Replacement
2020 (465929 Ontario Ltd. o/a Nicholson Concrete) Tender Acceptance
By-law".
READ a FIRST and SECOND TIME this 2nd day of March, 2020.
READ a THIRD TIME and FINALLY PASSED this 2nd day of March, 2020.
.
ayor Clerk
This is Schedule " A " to By-Las
No26Z0-035 passed the by
of jy a rM,it\ 20 W
THE MUNICIPALITY OF KINCARDINE
This AGREEMENT made in triplicate this 5th day of March 2020.
BETWEEN 465929 Ontario Ltd. o/a Nicholson Concrete
3785 Perth Line 29 R.R. #2
Stratford, Ontario, N5A 6S3
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 2020-03 — REMOVAL AND REPLACEMENT OF SIDEWALKS for the adjusted
tender amount of$63,376.056, 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.
al,
Witness or Seal of the Contractor (ignature of Contractor
The Corporation of the
Municipality Kincardine
M yor, Anne Eadie
ief Administrative Officer
Sharon Chambers