HomeMy WebLinkAboutTemporary Use Agreement - Walsh & Kelly - Use of Asphalt Paving Machine1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOI ITH BEND. 1NDIANA 46601-1 830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARDU LIC WORKS
August 13, 2019
Nick Relias
Walsh & Kelly, Inc.
24358 State Road 23
South Bend, IN 46614
RE: Temporary Use Agreement
Dear Mr. Relias:
PHONE 574/235-9251
FAX 574/235-9171
The Board of Public Works, at its meeting held on August 13, 2019, approved the above
referenced no cost agreement for the use of an asphalt paving machine to pave City streets
during an event of mechanical failure and repairs occurring to City -owned equipment.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
0 1310,11011101 IIAX
This Temporary Use Agreement (this "Agreement") is made on July 8th, 2019 (t] ri.
"Effective Date"), by and between the City of South Bend, by and through its Board of Public
Works (the "City"), and _.Wa.IsIhI_I&IK,eIIY,,Inc. _(the "Owner), an IndianR
corporation with a registered office address of 24358 S.R.23 So. Bend IN 46614
. ......... . ... . ..... ............... . . .....
I,each a "Party," and collectively, the "Parties").
1 9110) 1 IGI R
-WHEREAS, the Owner owns certain machinery, as more particularly described
Exhibit A attached hereto (the "Paving Machine); and i
WHEREAS, the Owner desires to allow the City to use, on a temporary basis, its Pavir RM
Machine for the purpose of _ Street Res rfa while the City's Paving Machine
being repaired; and I
NOW, THEREFORE, in consideration of the mutual covenants contained herein
for other good and valuable consideration, the receipt and sufficiency of which are herel
acknowledged, the Parties agree as follows:
1 . The Mag__ . The Owner grants the City, its agents, employees, and inv'tj
the right to P use its aving a Mchine while the City's Paving Machine is being repaired. Title
ownership of the Paving Machine remains with the Owner.
2. No, kayqjqnt. Owner and the City agree that each Party's performance under this
use of the Machinery.
I . I
10411 MY
R-MM"I -ItkWIIJ41 I%' - - #�MIIIAIAOIWI wam roxisra'sR
w,3: mr, 41 L-Itj aaucs ILO proulptly return Ife P9VIng a
the Owner.
relation to the Activity conducted on the Properties.
('A.ARA MCDANI.I.I.S
6. Autholige Each undersigned person signing on behalf of Ifis/her
of this Agreement.
S. Warran ties. Owner warrants that:
a . The Paving Machine is in good working order and suitable for use by the
City and has no known dangerous defects; and,
b. There are no claims, judgments, liens or other encumbrances of any kind
upon the Owner's right to lend the use of the Paving Machine to the City;
and,
c. No laws or regulations, applicable to the Paving Machine, have been
broken.
9. Entire A . This Agreement contains the entire agreement of the Parties
and there are no representations, inducements or other provisions, other than those expressed
the authorized representatives of both Parties.
10. Govern
jo---in—g Law. This Agreement and the rights and obligations of the Parties
Yereto ix -
Indiana, and the exclusive venue for any legal proceedings arising from or incident to this
Agreement shall be in the courts in St. Joseph County, Indiana.
11. Co—untmq . This Agreement may be executed in numerous counterparts, all of
shall be deemed an original and all of those counterparts shall constitute, one and the same
instrument.
IN WITNESS WIIEREOF, the Parties have each executed this Agreement to be
effective as of the Effective Date stated above.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
By:
Board President
CLARA MCDANIEILS
MIN"
,V- 4,,- .... ..�.W ... __._I INC.
An Indiana Corporation
By. µ
Printed: .. . _�.. ._�Y.�.�,
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Its: P e I M t
CLARA MCDANIELS
Description of Personal Property
Asphalt Paving Machine
CLARA MCDANIELS
Activity Proposal
The City will use the Owner's Paving Machine to S,tlrleet,s
CLA[CA MCDANIELS
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 7/23/19
Name mm. Pete Kaminski . mDepartment Street
BPW BPW Date 8/13/19 Phone Extension 7571
wsmmr mmuaamm mwu wimu�wmm�iminmu uu
mmmITITt- - uwird Prior to Submittal to Board — IT
BPW Attorney— Attorney Name Clara McDaniels
Dept. Attorney Attorney Name
Purchasing ❑
Check the Appropriate Item Tvpe —
LJ Professional Services Agreement X Contract
E] Open Market Contract ❑ Amendment/Addendum
Bid Opening ❑ Bid Award
Quote Opening Quote Award
Proposal Opening [:]'C/O & PCA No.
Chg. Order, No. El Traffic Control
Other:
u. red Information
�..All Submissions
..— ....................�......._ � ��.........�...�,�.......
Proposal
Special Purchase, QPA
I] Req. to Advertise ❑ Title Sheet
E] Reject Bids/Quotes
PCA
Resolution
Ease./Encroach
Company or Vendor Name Walsh & Kell Inc.
mmmmmm ww
.� .... .....
New Vendor Yes 0 If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE ❑
Completed E-Verify Form Attached Nos
Project Name E m ment Te�!X Use Agreement
Project Number
Funding Source N/A
Account No. N/A
AmountNo Cost..............��w._........_���_.......ww...._��.�_�.�..... �.......�..........�mm....._...................