HomeMy WebLinkAbout22 050 Brush Chipper (Powertech Inc.) Tender Acceptance By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 050
BEING A BY-LAW TO ACCEPT A TENDER TO SUPPLY A BRUSH CHIPPER
(Powertech Inc.)
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 for the supply of a
Brush Chipper (2022-02) per Report Operations 2022-04, with funds allocated in
the 2021 Capital Budget;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of Powertech Inc. for the supply of a Brush Chipper in the
amount $109,678.96 (including the nonrefundable portion of HST), be
hereby accepted as per the tender agreement attached hereto as Schedule
“A”.
2. THAT the cost overage for the Brush Chipper in the amount of $9,678.96
be funded from the Lifecycle Reserve Fund, for a revised total budget
amount of $109,678.96 and that this be reflected in the next budget
amendment.
3. 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.
4. This by-law shall come into full force and effect upon its final passage.
5. This by-law may be cited as the “Brush Chipper (Powertech Inc.) 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 14th day of March 2022.
BETWEEN Powertech 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 2022-02 Supply and Delivery of One new Drum Brush Chipper for the
tendered amount of$107,782.00(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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Signature of Contractor
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Mayor,Gerry Glover
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Acting Chief Administrative Officer
Roxana Baumann