HomeMy WebLinkAbout22 044 Winter Sand 2022 (Johnston Bros. (Bothwell) Ltd.) Tender Acceptance By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 044
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
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 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. OPS RFT 2022-07 and Report Operations 2022-
07;
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 $68,642.21 (including
the non-refundable portion of HST), be hereby accepted as per the tender
agreement attached hereto as Schedule “A”.
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 cited as the “Winter Sand 2022 (Johnston Bros.
(Bothwell) Ltd.) Tender Acceptance By-law”.
READ a FIRST and SECOND TIME this 14th day of March, 2022.
READ a THIRD TIME and FINALLY PASSED this 14th day of March, 2022.
Mayor Clerk
THE MUNICIPALITY OF KINCARDINE
This AGREEMENT made this 14's day of March 2022.
BETWEEN Johnston Bros.(Bothwell)Ltd.
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. OPS RFT 2022-07 SUPPLY, LOAD, HAUL AND STACK SCREENED WINTER
SAND.
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.
Eugene Johnston
Signed theofioco or Mob. Rood.,. notarius
Verify wtth vedfio.com or Mobe Reader.
Signature of Contractor
The Corporation of the
Municipality Kincardine
Gerry Glover
Signed withconsignO Cloud R021/0323) notarius
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Mayor,Gerry Glover
Roxana Baumann
Signed wi h ConoignO Cloud R017/03rz4) nOtanus
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Acting Chief Administrative Officer
Roxana Baumann