HomeMy WebLinkAbout22 048 Calcium Chloride 2022 (Pollard Distribution) Tender Acceptance By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 048
BEING A BY-LAW TO ACCEPT A TENDER TO SUPPLY, AND APPLY
CALCIUM CHLORIDE AND/OR MAGNESIUM CHLORIDE EQUIVALENT ON
ROADS LOCATED WITHIN THE MUNICIPALITY OF KINCARDINE
(Pollard Distribution)
WHEREAS Section 44 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality that 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 to apply Granular ‘A’
maintenance gravel on various roads within the Municipality of Kincardine as
outlined in Tender No. OPS RFT 2022-11 and Report Operations 2022-02;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of Pollard Distribution for the supply and application of
calcium chloride and/or magnesium chloride on Municipality of Kincardine
roads, in the amount of $68,517.04 (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 “Calcium Chloride 2022 (Pollard
Distribution) 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 10 day of March 2022.
BETWEEN Pollard Distribution Inc.
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 2022-11 SUPPLY AND APPLY CALCIUM CHLORIDE AND/OR
MAGNESIUM CHLORIDE EQUIVALENT.
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.
Kevin Pollard
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Signature of Contractor
The Corporation of the
Municipality Kincardine
Gerry Glover
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Mayor,Gerry Glover
Roxana Baumann
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Acting Chief Administrative Officer
Roxana Baumann