Loading...
3.03 3.3 FINANCIAL\2023\Purchase—Trench Box Highway—Waive 2 Quote Purchasing Requirement—Product Equipment Standardization—2-13 RESOLUTION AUTHORIZING PURCHASE OF MODULAR TRENCH BOX SYSTEM FROM NATIONAL TRENCH SAFETY FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: ,2023 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Town of Queensbury's Highway Superintendent wishes to purchase a modular trench box system from National Trench Safety (formerly Vellano Brothers), such type of modular system previously purchased and currently used by the Town's Water Department, and WHEREAS, the Highway Superintendent has advised that such modular system is sold by regional territory so obtaining a second quote as required by the Town's Purchasing Policy for purchases over$2,500 on an identical or substantially similar system could be very difficult, and WHEREAS, the Highway Superintendent and Town Budget Officer have recommended that the Town Board standardize its purchase of modular trench box systems thereby providing for improved Town employee safety as Town employees would be familiar with and trained on the same modular trench box systems, and WHEREAS, the Town Board concurs with this recommendation and accordingly wishes to waive the Town Purchasing Policy's self-imposed requirement for two written (2) quotes in this instance, NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above and in this circumstance, the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2)written quotes for purchases over$2,500, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and authorizes the Town Highway Superintendent's purchase of a modular trench box system from National Trench Safety in accordance with National Trench Safety's Quote 4: g15677-1 for an amount not to exceed $8,310 in substantially the form presented at this meeting, to be paid from Drainage — Misc. Contractual Account No.: 001-8540-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Highway Superintendent to execute such Quote 4: g15677-1 and/or any other needed documentation and the Town Supervisor, Town Highway Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 13'h day of February, 2023, by the following vote: AYES NOES ABSENT: • - Page 1 of 2 Status: Quote 8 NORTHWAY LANE, NORTH Quote #: g16677-1 riL LATHAM, NY 12110 www.ntsafety.com Quote To. Fri 212412023 9.OQAM iMITN: GM !� L 818-786-SS44 Phone � wade aorae-r m,yalplw-ram $18-786-3023 Fax Operator: Pincher, Jim Customer#: 43a5 QUEENSBURY HIGHWAY DEPT 742 BAY ROAD Job Descr. QUOTE PURCHASE BBP SYSTEM QUEENSBURY, NY 12804 PO IC: QUOTE MARL Job No. HIGHWAY Ordered By: MARK Picked up by: MARK Salesman: Jim Pincher 518-605-3817 JPINCH(PVELLANO.COM Delivery Fri 2124/2023 MARK DE MERS 518-761-B210 HIGHWAY - 742 BAY ROAD QUEENSBURY, NY 12804 ESTIMATED $500 FREIGHT ESTIMATED DELIVERY DATE MAY CHANGE TABULATED DATA PROVIDED ___ —�.. .. . .. ... Qty Key Items ...._.�...�- Status ! Each Price 6 MS-ALUMINUM 2x6 BBP Retail $750.00 $4.600,00 4 MS-ALUMINUM 72N Cramer Post Retail JJ $485.0i0 $1,940.00 4 MS-ALUMINUM XL-4872 SPREADER Retail $330-00 $1,320.00 1 MS-ALUMINUM SLING Retail ; $270.00 $270.00 OR $370 DOMESTIC 4 MS-ALUMINUM LM[n�g Lug Retail $7a00 $260.00 1 12 DELIVERY, Our Truck ---. _....� .. Delivery ; $0.00 - ,.. woo Quote valid for 30 days. I Sales: $8,310.00 Subtotal: $8,310.00 Total- $85310.00 Paid: $0.00 Signature: Amount Due: $8,310.00 QUEENSBURY HIGHWAY D£PT Modification #1 emtod on rn 1rw2= 11:20:20" Softw�by Pdn W� ReMN Salream www.paYnr-or•reMYi.CM+ Gonlracl-Pa,'em6.fp1(1) • Quote #. g15677 QUEENSBLIRY HIGHWAY DEPT Page 2 of 2 TERMS AND CONDITIONS OF RENTAL In comrdaration of the hiring Of the Equipment described,without Operator,by the undersigned(h snenafter referred to as the`Rental)fmm the company named on reverse side(hereinafter referred to u Fria "Dealer") upon the terms and conditions and far the Price heroin specified, it is apaad as follows: 1. RENTAL AND TERM begins an the date A lime specified as "TAKEN OUT" and Germinates on the date S time specified as "OVE lMm unless amended in writing on the reverse of this conbaet. Rental charges commence on delivery of Equipment to Renter and end upon return of equipment to Oralers premises. Dealer may termin ata rental at any time and take possession of the equipment Ranter agrees to pay on return of Equipment to Dearer'% (remises,all dsarges and rusts for the use thereof. Renter's right to uaa the Equipment terminates an the expiration and clue date let Forth abgee Ynferis extended in wryer na by Dealer. 2, CONMTWk/S OF HIRING,aNSPECTION PMILEGE AND WAIVER OF DEFECTS. RanteF Accepts and Nees She Equipment on An "as 4'basis. Renter Acknowledges racelpt of all of the equipment in goad working condition and Fepalr and deelarei lh at Ron for fully understands its proper operalion and use. Renter acknowedges and declaims that Renter haf examined the Equipment and all hitche% b stpy safety,chains,hauling tongues, together with ail devices And materials used to connect ten Equlphu it to RenteYf towing motor vehicle,If any, and Renter declares that he has recycle" aft of such Equipment in a secure and operatfv cost OrOn. Renter is esponsibe for loading and unbWing the goods. If the Orders employees assist In loading and unloading We goods, the Renter agrees no assume the rl sk of,and bold the Dealer harmless for any Aroporty damage air pareenaf infuria%, Inducting damage or injuries attributable to she neggpenca of the Dealer Or his amployeaL. Ranter agrees to return the Equipment to Dealer's,premises upon the expiration and due data hereof in As good condition as when recewed by Renter, ordinary wet and taw accepted. 'Ordlnary wearand tear" shall mean orgy the normal deterioration of the Equlp ns nt caused by ordinary and mam nabN use on a one shift (olgtit hears Per day,Them days Per weal bapls. Renter agrees to pry imm ellatMy all charges and costs incurred for repair of the Equipment. 3. EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR. Renter will intermediately discontinue use of the personas property should fit at anytime. (Allowing the execution of the agreement ar any subsequxot agreement, become amale or in a state OF disrepair_ Furthermore the Renter me 11 Immediately noUly Dealer that was Equipment is unsafe or in disrepair and until such Uane as Dealer Fax regained Possession the Renter agrees m take all steps reasonably necessary to Prevent injuries to any parson and of property from the Aental Equipm Out or product. 4. COMPLIANCE WITH LAWS. Renter acknowledges kit at Dealer has 10 contrel over the use of Equipment by Renter and Renter agrees at his same expense,to comply with all munklpai,county, state and federal laws. Ordinances and regulations, Including OccupaDenal Safety and Health Admimm tration Act of 1910 IDSHAI which may offers the Equipment while it it in the possession of and use by the Aenter. Renter shah not permit any person that is rot fall qu aNhad to use Equipment. S. PERMITTED AREA OF USE OF EQUIPMENT. Without Dealers consent. Renter Shall not remove the Equipment Frem the county in which it is rented_ G. FMWFR'S UAIIHUTY FOR MISUSE OF EQUIPMENT. Renter shall not abuse or harm the Equipment- Renter shall not permit any repairs to be trade or lien to be placed upon the equipment without Dealer's written consent. In she event of any aecident or casually resulting in bodily injury or property damages rising out of Renter's.use and hiring of Said Equipment,Renter agrees to accept all respanshbiRev there#or and shelf hid dealer hanmless. from any claims Or musical arising Unrrefmm. Renter%half furnish Dealer with A complate report of any xcftlervL kwolang said Equipment. Ineudlng names and addresses of air persons I"Oh ed and all witnesses. Unless otherwise spealNed herein, in case of the loss or destruction of any part of the Equipment, OF lots of pessrssirxs thereof,ar roabifity to return the same to Owear,an the emptrahcre and due date,for any reason whaNaerer,Annular shall pay Dealer the actual replacement cast thereof, and In addition thereto Deaers loss of use of said Equipment- 7- 0150 AIMER WARRANTIES, CEALEA MAKES NO WARRANTIES, EXPRESS OR 1MPUE0, AS TO THE EQUIPMENT'S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Rowers sole remedy for any(allure of M date"in the Equipment Shall be the tarmltun larx of the rental[harges,at the time of lalhl re, provided the Equipment it returned to Dealer within 24 hears after satin Failure. Dearer fhail not be responsible for any lost, damage or injury to Renter Or Barrier's prafnerty, Inducing incidental, special or mn5equentW damatas, in any way canMeted wNh the Operation. use,defect In.or failure of the Equipment. a. USE OF DEPOSIT, AND LfAB1tITY FOR LATE PAYMENT, UPON BREACH BY RENTER. Renter expressly indemnifies and holds Oroler hrmisss at, From and against any and aft claims, loss, damages, attameyf%feet auditor in conn.cUorrs with hiring and use of the Equipment regardNss aF whether a lawsuit is Filed or in The event a suit is instituted by Dealer to recover Possession of said equip ter l or to enforce a"of the Items,conditions, or pro noon harvest. Renter agrees to pay all costs and reasonable atiomey's fees at Dealer Incurred in canrwction therewith. a- INDEMNIFICATION OF DEALER BY RENTER. Renter IndeanniFles and b0ds Dealer harmless of, from and against any and ail claims,Imes, mats, damages, atta nswa fees,and/or liability in connection With the hlrky5 antl uw of the Equipment regardless of whether a lawsuit h filed in The event a wit is rnsBtuled by Dealer to recover possession of six ld Equipment, or to enforce any terms,cm Oons err provL4mns hereof. Renter agrees to pay All costs and reasonable attonwy's fees of Dealer Incurred In connection therewith, 10_ THEFT WARNING. F411om to return Equipment on the expiration and due date in certain circumstances will be ern sid Bred a theft,resulting In a criminal prosecution. 11. TAXES. Renter epees to pay any and aft taxes, licensing fees,or REFmiL(ret arising out of the hiring and use of the Equipment. Rem er agrees to pay tames whether said taxes appear as part of the lace of this contract or whether said taxes art lame claimed by the govemmantaf authority. in the event of a claim by any gOYefnmen<i authority For taxes anslna out of this Iransaetien, Renter agrees to pay to Deafer said taxes upon demand. 17- TITLE.. Title to the Eqw FammL is and shall rem sin in Dealer. If the Equipment if fevled upon for any reason whatsoever, Dealer may retake the equipment without notice or legal process, and may take all action reasonably necessary to do so. 13_ CONSTRUCTION. The paragraph headings used herein are for mnvrnlence only and are An; An he used in construing the meaning of any of the terms or provisions of the Rental Contract, TERMS AND CONDITIONS OF SALE (APPL stir ONLY TO ITEMS SOLD,NOT RENTED) in gOnr:tleratien Of the hiring of the Equipment described, without 01141 by the andwSIEneOl (hereinafter referred to as the "Rentael from the company named on the more" tide Iherein after referred to as the"Oealer"I up the terms and mrdltsons end for the pricy himmin speeHfed. it is agreed as follows: USED PRODUCTS-They buyer hereby acknowledges that the products described on the reverse site hereof which is the subject of this safe is a "used product"and this being said on an"as is' and'WITIF all faults" basis. The Oaaler as tl%m seller makes NO expressed warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE and the DEALER does NOT make achy impged warranties at MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE Or any other warranties unless the DEALER has w provided in writing and the writing is signed by an AUTHORIZED REPRESENTATIVE of She o ALEG 1,the hayN,hereby aeknowtedge that 4 have read all of the above terms and conditions of sales antl that I understand that this is an "as a" Kale of used Scads. NEW PRODUCTS Buyer acknowedgos that the ONLY warranties provided with the products)Are those provlded by the manufacturer and that the DEALER makes NO WARRANFIESOF NIEACHANTABH-rrY OR FITNESS FOR A PARTICULAR PURPOSE either expressed nr Implied. Modification #Y Polled On Fn vaOrZ=I120:20AM Software by POInH-ahRemal Saftem a www.pdnl-of-rentkl comes OOnNac6Pwamv-rpt(1)