HomeMy WebLinkAbout21 027 Sidewalk Removal and Replacement 2021 (465929 Ontario Ltd. o/a Nicholson Concrete) Tender Acceptance By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2021 - 027
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
LTMHBHO@KHSXZR @Aility 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 2021-03 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 of465929 Ontario Ltd. o/a Nicholson Concrete forthe
removal, and replacement of selected sidewalkswithin the Municipality of
Kincardine, in the amount of $69,837.89 (including the non-refundable
portion of HST), be hereby accepted as per the tender agreement attached
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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 citDC @R SGD \[Sidewalk Removal and Replacement
2021 (465929 Ontario Ltd. o/a Nicholson Concrete) Tender Acceptance
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READ a FIRST and SECOND TIME this 1 day of March, 2021.
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READ a THIRD TIME and FINALLY PASSED this 1 day of March, 2021.
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Mayor Clerk
THE MUNICIPALITY OF KINCARDINE
This AGREEMENT made this Yd day of March 2021.
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 2021-03 — REMOVAL AND REPLACEMENT OF SIDEWALKS for the adjusted
tender amount of$68,630.00,plus HST.
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.
Signby Elaine Ritchie(2021/03/04) •
Verify with ConsignO or Adobe
Reader.
Signature of Contractor—Elaine Ritchie
The Corporation of the
Municipality Kincardine
Anne Eadie
•
Signed with ConsignO Cloud(2021/03/09)
Verify with ConsignO or Adobe Reader.
Mayor,Anne Eadie
Sharon Chambers
Signed with ConsignO Cloud(2021/03/10) •
Verify with ConsignO or Adobe Reader.
Chief Administrative Officer
Sharon Chambers
THE MUNICIPALITY OF KINCARDINE
This AGREEMENT made this 3'day of March 2021.
BETWEEN 465929 Ontario Ltd.o/a Nicholson Concrete
3785 Perth Line 29 R.R.92
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 2021-03—REMOVAL AND REPLACEMENT OF SIDEWALKS for the adjusted
tender amount of$68,630.00,plus HST.
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.
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Signed by Elaine Ritchie(2021103104)
Verif with ConsignO or Adobe
Reader. ............
Signature of Contractor—Elaine Ritchie
The Corporation of the
Municipality Kincardine
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Verify with Cons'gnO or Adobe Read
Mayor,Anne Eadie
Sharon Chambers
Signed with ConsignO Cloud(2021/03/10)III
Verify with ConsignO or Adobe Reader.
..............
Chief Administrative Officer
Sharon Chambers