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HomeMy WebLinkAbout20 060 Crack Sealing Runway 05-23 (ALK Asphalt Maintenance Ltd.) Tender Acceptance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2020 - 060 BEING A BY-LAW TO ACCEPT A TENDER FOR CRACK SEALING RUNWAY 05-23 (ALK Asphalt Maintenance Ltd.) 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 municipalityÓs 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 crack sealing runway 05-23 pursuant to Report No. Public Works 2020-09; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of ALK Asphalt Maintenance Ltd. for crack sealing runway 05-23, in the amount of $28,803.17 (including the non-refundable portion of HST), be hereby accepted as per the tender agreement attached hereto as Schedule ÐAÑ. 2. That up to a maximum of $70,000.00 of the budget for 2020 be utilized for additional crack sealing at the Kincardine Airport per Report Public Works 2020-09. 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. 5. This by-law may be cited as the ÐCrack Sealing Runway 05-23 (ALK Asphalt Maintenance Ltd.) Tender Acceptance By-lawÑ. th READ a FIRST and SECOND TIME this 6 day of April, 2020. th READ a THIRD TIME and FINALLY PASSED this 6 day of April, 2020. Jennifer Lawrie Anne Eadie Signed with ConsignO Cloud (2020/04/17) Signed with ConsignO Cloud (2020/04/16) Verify with ConsignO or Adobe Reader. Verify with ConsignO or Adobe Reader. Mayor Deputy Clerk THE MUNICIPALITY OF KINCARDINE This AGREEMENT made in triplicate this 7th day of April 2020. BETWEEN ALK Asphalt Maintenance Limited, PO Box 283, Chatsworth ON N0H 1G0 herEIMAFSEQCAKKEDSHEY/NMSQACSNQZ 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 2020-07 K Routing and Sealing of Cracks in Hot Mix Asphalt Pavement for a tendered amount of $31,984.65 including 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. Andrew Loucks Signed with ConsignO Cloud (2020/04/21) Verify with ConsignO or Adobe Reader. Witness or Seal of the Contractor Signature of Contractor The Corporation of the Municipality Kincardine Anne Eadie Signed with ConsignO Cloud (2020/04/23) Verify with ConsignO or Adobe Reader. Mayor, Anne Eadie Sharon Chambers Signed with ConsignO Cloud (2020/04/28) Verify with ConsignO or Adobe Reader. Chief Administrative Officer Sharon Chambers