HomeMy WebLinkAbout21 026 Winter Sand 2021 (Johnston Bros. (Bothwell) Ltd.) Tender Acceptance By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2021 - 026
BEING A BY-LAW TO ACCEPT A TENDER FOR THE SUPPLY, LOAD, HAUL
AND STACK SCREENED WINTER SAND FOR MUNICIPAL ROADS
(Johnston Bros. (Bothwell) 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
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powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
acknowledges the need for sanding of municipal roadways during the winter
months pursuant to Tender No. PW 2021-02 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. for the supply, load, haul
and stack of screened winter sand, in the amount of $82,828.57 (including
the non-refundable portion of HST), be hereby accepted as per the tender
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2. That the Mayor and Chief Administrative Officer be authorized and directed
to execute on behalf of the Council 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 citeC @R SGD \[Winter Sand 2021 (Johnston Bros.
(Bothwell) Ltd.) Tender Acceptance By-K@V\\$
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
T'HE MtJNICIPAt,j'ry OF KINCARDINE,
This AGRLEM IsTmade this 4"'day ot'Mw-ch 2021.
BETWEEN Johnston Bros.(Bothwell)Lid,
P.0, Box 220
Bothwell,Ontario,NOP K'0
hereinafter called the"Contractor"
T1 H,'TIARTY OF TflE FIRST TART
AND
The Corporation of the Municipality of Kineardine
hereinaficr called the"Municipality"
TH 'PARRY Of^'THF SHCOND PART
WITNESSETH,that the('.,ontractor for and in consideration of the payment or payments specified in the
Tender for this work,hereby agrees to furnish all necessary machinery, locals, equipment, supplies, labour,
and other means ol"consu-lacnon and,to the satisfaction ofthe Public Works Mandger, u)do all the work as
described hereafter,furnish all the materials except as herein otherwise specified,and Lo complete such works
in strict accordance with the plans, specifications and Tender therefore, which are identified and
acknowledged in the Schedule of'Provisions,plans,Specitications and Conditions attached to the Tender and
all ol'which are to be read herewith and form pail of this present Agreement as fully and completely to all
intents,and purposes as thoul the stipulations hereof"ime been embodied herein,
L)IL!SC Rl PT ION
Contract No.PW 2021-02—SUPPLY,LOAD,HAUL AND STACK SCREENED WINTER SAND for
a tendered arnount of$81,396.00,pl Lis II ST. Provisional$19,455 00,plus i i s'r,
.IN CONSIDEJUrION WHEREOF,the Municipality agrees to pay to the Contractor for all work(lone,and
the unit prices on the'l ender.
Thk agreement shall enmite to the benefit ol'and he binding upon the heirs,executors, administrators and
assigns ofthe parties hereto.
6111�0 i Wf?� nston-
The C'orporadon ofthe
Municipality Kineardink,
Sgn�d.wit ConsignO Cloud(2021/04/05)
Anne Eadie
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Sharon Charnb!��
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T71ref Administrative Officer
Sharolt Charnbers