HomeMy WebLinkAbout22 045 Sidewalk Removal and Replacement 2022 (465929 Ontario Ltd. o/a Nicholson Concrete) Tender Acceptance By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 045
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
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 remove and
replace selected sidewalks within the Municipality of Kincardine pursuant to
Tender No. OPS RFT 2022-08 and Report No. Operations 2022-02;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of 465929 Ontario Ltd. o/a Nicholson Concrete for the
removal, and replacement of selected sidewalks within the Municipality of
Kincardine, in the amount of $51,185.28 (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 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 “Sidewalk Removal and Replacement
2022 (465929 Ontario Ltd. o/a Nicholson Concrete) 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'day of March 2022.
BETWEEN 465929 Ontario Ltd.o/a Nicholson Concrete
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 hilly and completely to all
intents and purposes as though all the stipulations hereof have been embodied herein.
DESCRIPTION
Contract No.OPS RFT 2022-08 REMOVAL AND REPLACEMENT OF SIDEWALKS.
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.
Signed w 6ytherl
Elaine Rlt&,('
Verify 9) .11ll llal l.11ll....lull 111
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Signature of Contractor
The Corporation of the
Municipality Kincardine
Gerry Glover IIII�'°'
Signed wl1h ConsignO Cloud(2022/03/3l) III II0111
Verify with verifio._or Adobe Reader. III IN
Mayor,Gerry Glover
Roxana Baumann � I°°„
Signed with Cons7gn0 Cloud 11/13/35) III Ilullll�011,
Verify with ve rifio.com or Adobe Reader.
Acting Chief Administrative Officer
Roxana Baumann