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HomeMy WebLinkAbout20 062 Rubber Tired Articulated Loader (Brandt Tractor Ltd.) Request for Proposal Acceptance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2019 - 062 BEING A BY-LAW TO ACCEPT A REQUEST FOR PROPOSAL FOR A RUBBER TIRED ARTICULATED LOADER (Brandt Tractor 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 a rubber tired articulated loader as outlined in Report No. Public Works 2020-11. NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the request for proposal of Brandt Tractor Ltd. for a rubber tired articulated loader, in the amount of $273,655.03 (including applicable taxes), be hereby accepted. 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. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the ÐRubber Tired Articulated Loader (Brandt Tractor Ltd.) Request for Proposal 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. J J e e n n n n i i f f e e r r L L a a w w r r i i e e A A n n n n e e E E a a d d i i e e Signed with ConsignO Cloud (2020/04/17)Signed with ConsignO Cloud (2020/04/17) Signed with ConsignO Cloud (2020/04/16)Signed with ConsignO Cloud (2020/04/16) Verify with ConsignO or Adobe Reader.Verify with ConsignO or Adobe Reader. 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 Brandt Tractor Ltd., 16 Royce Court, London ON N6E 1L1 herBFJ>CPBN@>HHBAPEBV,KJPN>@PKNW 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. RFP PW 2020-02 M Supply and Delivery of (1) 2020/2021 Model Year Minimum 165 Net HP Rubber Tired Articulated Loader for a tendered amount of $303,881.086 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. Fred Gildner Signed with ConsignO Cloud (2020/04/29) 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