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2016-079 Authorize the Execution of an Agreement between the Corporation of the Township of Oro-Medonte and R.J. Burnside & Associates Ltd.The Corporation of the Township of Oro-Medonte By -Law No. 2016-079 A By-law to Authorize the Execution of an Agreement between The Corporation of the Township of Oro-Medonte and R.J. Burnside & Associates Ltd. Whereas Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipal power, including a municipality's capacity, rights, powers and privileges under Section 9, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise. And Whereas Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides a municipality 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 Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council. And Whereas Council for The Corporation of the Township of Oro-Medonte declared, by Motion No. C160427-13, that the RFP for Engineering Services for Queen Street, Moon Point, and Bass Lake Side Road be awarded to R.J. Burnside & Associates Limited for the tendered amount of $71,800 (excluding HST). And Whereas Council deems it expedient to enter into an agreement for the Engineering Services for Queen Street, Moon Point, and Bass Lake Side Road. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Agreement between The Township of Oro-Medonte and R.J. Burnside & Associates Ltd. attached hereto as Schedule "A" and forming part of this by-law; 2. This by-law shall take effect on the final passing thereof. By -Law Read a First, Second and Third time, and Passed this 11th day of May, 2016. The Corporation of the Township of Oro-Medonte Schedule N to By -Law No.i�� TOWNSHIP OF ORO-MEDONTE ROAD REHABILITATION ENGINEERING FOR QUEEN STREET, MOON POINT DRIVE & BASS LAKE SIDEROAD TENDER NO. TES2016-11 AGREEMENT THIS AGREEMENT made in triplicate the 4 day of A.D. 2016 by and between Hereinafter called the "Contractor" And Corporation of the Township of Oro-Medonte Hereinafter called the "Owner" WITNESS TO That, the Contractor for and in consideration of the payment specified in his Tender for this Work, hereby agrees to furnish all necessary plant, labor and materials, except as otherwise specified, and to complete the said Work in strict accordance with the Contract Documents, 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 thereof have been embodied therein. The Contractor further agrees that he will deliver the whole of the Work completed in accordance with the Agreement. IN CONSIDERATION WHEREOF, the Owner agrees to pay to the Contractor for all Work done, the stipulated sum or sums submitted in the Tender. THIS AGREEMENT SHALL inure to the benefit of and be binding upon the heirs, executors, administrators, and assigns of the Contractor and on the heirs and successors of the Township. IN WITNESS WHEREOF, the Contractor and the Owner have hereunto signed their names and set their seals on the day first above written. & neev Signed and Sealed by the In the Presence of i nes Jdti_ (: Signed and Sealed by the Township In the Presence of Township of Oro-Medonte Seal by: by: 02— �•� Date of Submission of Tender