HomeMy WebLinkAbout22 046 Miscellaneous Asphalt Repairs 2022 (Art's Landscaping and Asphalt Paving) Tender Acceptance By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 046
BEING A BY-LAW TO ACCEPT A TENDER FOR MISCELLANEOUS ASPHALT
REPAIRS WITHIN THE MUNICIPALITY OF KINCARDINE
(Arts Landscaping and Asphalt Paving)
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 it has been determined that there is a need within the
Municipality of Kincardine for asphalt repairs pursuant to Tender No. OPS RFT
2022-09 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 Arts Landscaping and Asphalt Paving for miscellaneous
asphalt repairs within the Municipality of Kincardine, in the amount of
$37,905.60 (includes 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 “Miscellaneous Asphalt Repairs 2022
(Art’s Landscaping and Asphalt Paving) 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 Art's Landscaping and Asphalt Paving
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 2022-09 MISCELLANEOUS ASPHALT REPAIRS.
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.
RickTurner
l Turne
e mo � )rI I I
Vrifywi[h ven foaCrA
Signature of Contractor
The Corporation of the
Municipality Kincardine
Gerry Glover IIII'°
Signed with Crif g.O Claud(202Z/03/24) IIIIII M
Verify with veriflo.com or Adohe Reader. I IIII I.......IIII....
Mayor,Gerry Glover
Roxana Baumann ;;;
Signed with Consign.Claud(2022/03/25) IIIIII M
Verify with veriflo.com or Adobe Reader.
I IIII IIII
Acting Chief Administrative Officer
Roxana Baumann