HomeMy WebLinkAbout21 025 Granular 'A' Maintenance Gravel 2021 (Johnston Bros. (Bothwell) Ltd.) Tender Acceptance By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2021 - 025
BEING A BY-LAW TO ACCEPT A TENDER TO SUPPLY, LOAD, HAUL AND
73(*, .8(5;3(8 IAJMAINTENANCE 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 4RANULAR \[A\\
maintenance gravel on various roads within the Municipality of Kincardine as
outlined in Tender No.PW 2021-01 and Report No. Public Works 2021-06;
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 4RANULAR \[A\\, maintenance gravel on Municipality of Kincardine roads,
in the amount of $275,240.45 (including the non-refundable portion of
HST), be hereby accepted as per the tender agreement attached hereto as
>CHEDULE \]1^$
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 \]4RANULAR \[A\\ Maintenance Gravel 2021
(Johnston Bros. (Bothwell) Ltd.) Tender Acceptance By-LAW^$
st
READ a FIRST and SECOND TIME this 1 day of March, 2021.
st
READ a THIRD TIME and FINALLY PASSED this 1 day of March, 2021.
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Mayor Clerk
THE MITNICIPALfTY Of'KINCARDINE,
This,AGREEMEN'I'l-nadc this 4"day of March 2021.
BETWEEN Johnston ffrm,(Bothwell)1.1d.
11.0.Box 220
Bothwell,Ontario,NOII I CO
hereinafter called the"Contraclor"
Tl IF PARTY OFTI IF FIRST'PART
AND
The Corporation of the Municipality of Kincardine
hereinafter called the"Municipality"
TH I!,PARXY 01 TH 14 S E OND PAR I
WHINESSETI-1,that the Contractor f6r and in consideration of the payment or payments specific(] in the
Tender for this work, hereby agrees to fUrnish all necessary machinery,tools,CqUipInCut, supplies, labour,
and other rneans or construction and,to the satisfaction of the Public Works Manager,to do all the work as
described hereafter,furnish all the rnalcrials excq)t as lierein otherwise speci tied,and to complete such works
in strict accordance with the plans, specifications and Tender therel'ore, which are idenfified and
acknowledged in the Schedule off'rovisions,Plans,Specifications and Conditions attached to the'Fender and
all of which arc to tic read herewith and forlit.paint of this present Agreerneri.as fully and completely to all
intents and purposes as though all the stipulations hereof have been embodied herein,
DESCRIPTION
Contract No. PW 2021-01 — SUPPLY, LOND, HAUL AND PLACE GRANULAR W
MAINTENANCE GRAVEIL for the adjusted quantity of 23,000 tonnes for a tendered amount of
$270,480,00,PIUS I IST,
IN CONSIDERATION WHLRFOf,the Municipality agrees to pay to the Contractor for all work done,and
the unit prices on the Tender.
This agreernent shall ensure to the benelit of and the binding upon the heirs,executor,, admirristrators and
assigiis of the parties hereto.
ell I
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"fitre TIM)TIM) or—JesseJohnston
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Signed with ConsignO Cloud(2021/03/16)
Mayor,Anne Fatfic
Sharon Chambers liplijol
Signed with ConsignO Cloud(21021/03/16) 111 111 IN 11111
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Sharon Chanibeis