2000 Harsco Rail Grinder Model TG-8 (Jamaica, NY 11430)

Get a great deal with this online auction for a 2000 Harsco Rail Grinder Model TG-8 presented by PropertyRoom.com on behalf of Port Authority of New York & New Jersey (PANYNJ). Notice is given that this vehicle will be presented for 14-day auction beginning August 4, 2022.

The vehicle DOES NOT have a title or other registration document, a bill of sale ONLY will be provided to the winning bidder.

A rail grinder is a maintenance of way vehicle used to restore the profile and remove irregularities from worn tracks to extend its life and to improve the ride of trains using the track. Rail Grinding is a process done to stop the deformation of running rails due to use and friction on railroad tracks by removing deformations and corrosion.  The rail grinder has grinding wheels (or stones) set at controlled angles to restore the track to its correct profile and eliminate corrugation.  Railroad tracks that experience continual use are more likely to experience corrugation and overall wear. Rail grinders are used to grind the tracks when rail corrugation is present, or before corrugation begins to form on the tracks. Major freight train tracks use rail grinders for track maintenance based on the interval of tonnage, rather than time. 

This is large piece of heavy equipment; the winning bidder will be completely responsible for pick-up and removal. The buyer will need to identify best method of removal, provide necessary labor and equipment, and ensure all relevant permits are secured and local laws/regulations followed. The Port Authority reserves the right to reject pick-up if the relevant, planning, equipment and labor is not in place. The equipment is located in Jamaica, NY 11430. The removal of the rail grinder must occur within twenty (20) calendar days after payment is finalized AND the buyer’s insurance reviewed and approved by the Port Authority of NY & NJ. Note: there is flexibility in the pick-up timing if the buyer demonstrates progression with the removal and provides consistent communication and updates. Assets not retrieved within the timeframe are subject to forfeiture of both fees and goods.

No admittance/inspection is permitted without prior approval from the Port Authority. The Port Authority reserves the right to change the inspection date. Bidders are not permitted to visit during the advertisement or auction period unless prior arrangements have been made. Inspection is recommended. Prospective bidders interested in inspecting the Rail Grinder Model TG-8 will need to obtain prior approval from the Port Authority of New York and New Jersey. Please email the Port Authority contact address KRITZMANN@PANYNJ.GOV expressing your interest. The Port Authority will make arrangements and provide you a specific date and time for attendance. Please note inspection dates and times may be limited. 

The vehicle have not been inspected by a certified mechanic so the overall condition cannot be verified. It is suggested that the winning bidder have the vehicle thoroughly inspected prior to attempting to operate.

No Port Authority property, regardless of value, may be sold or otherwise conveyed to any Port Authority Employee or Relative (as defined in Port Authority Administrative Instruction AI 20-1.13 "Employment of Relatives"), and no Port Authority employee shall knowingly buy any property that at one time belonged to the Port Authority.

PropertyRoom.com is the place to get deals on surplus and seized cars, vehicles and automobiles.

Insurance Procured by the Contractor

The Contractor and  its subcontractor(s) shall take out, maintain, and pay the premiums on Commercial General Liability Insurance, for the life of the Contract and such Insurance and shall be written on an ISO occurrence form CG 00 01 0413 or its equivalent covering the obligations assumed by the Contractor under this Contract including but not limited to premise-operations, products and completed operations, and independent contractors coverage, with contractual liability language covering the obligations assumed by the Contractor under this Contract and, if vehicles are to be used to carry out the performance of this Contract, then the Contractor shall also take out, maintain, and pay the premiums on Automobile Liability Insurance covering any autos in the following minimum limits:

Commercial General Liability Insurance - $ 2 million combined single limit per occurrence for bodily injury and property damage liability.

Automobile Liability Insurance - $ 2 million combined single limit per accident for bodily injury and property damage liability.

The insurance shall be written on an occurrence basis, as distinguished from a “claims made” basis, and shall not include any exclusions for “action over claims” (insured vs. insured) and minimally arranged to provide and encompass at least the following coverages:

Contractual Liability to cover liability assumed under the Contract;

Coverage for work within fifty feet (50’) of railroad;

Independent Contractor's Coverage;

- Premise-Operations, Products and Completed Operations Liability Insurance;

- The insurance coverage (including primary, excess and/or umbrella) hereinafter afforded by the Contractor and all subcontractor(s) shall be primary insurance and non-contributory with respect to the additional insureds;

-  Excess/umbrella policies shall “follow form” to the underlying policy;

-  Excess/umbrella policies shall have a liberalization clause with drop down provision;

-  To the extent any coverage the Contractor and subcontractor(s) obtains and/or maintains under this Contract contains “Other Insurance” language or provisions, such language or provisions shall not be applicable to the additional insureds or to any insurance coverage maintained by the additional insureds;

All insurance policies shall include a waiver of subrogation, as allowed by law, in favor of the additional insureds;

Defense costs must be outside of policy limits. Eroding limits policies are not permitted;

In the event the Contractor and/or its subcontractors obtains and/or maintains insurance in an amount greater than the minimum limits required under this Contract, then the full limits of that insurance coverage will be available to respond to any claim asserted against the additional insureds that arises out of or is in any way connected with this Contract;

Additional insureds coverage shall not be restricted to vicarious liability unless required by controlling law.

In addition, the liability policy(ies) shall be written on a form at least as broad as ISO Form CG 20 10 10 01 (for ongoing operations work) together with ISO Form CG 20 37 10 01 (for completed operations work) or their equivalent and endorsed to and name “The Port Authority of New York and New Jersey and its related entities, New York New Jersey Rail LLC., their Commissioners, Directors, Superintendents, officers, partners, employees, agents, their affiliates, successors or assigns” as Insured (as defined in the policy or in an additional insured endorsement amending the policy’s “Who is An Insured" language  as the particular policy may provide).  The “Insured” shall be afforded coverage and defense as broad as if they are the first named insured and regardless of whether they are otherwise identified as additional insureds under the liability policies, including but not limited to premise-operations, products-completed operations on the Commercial General Liability Policy. Such additional insureds status shall be provided regardless of privity of contract between the parties. The liability policy(ies) and certificates of insurance shall contain separation of insured and severability of interests clauses for all policies so that coverage will respond as if separate policies were in force for each insured. An act or omission of one of the insureds shall not reduce or void coverage to the other insureds. The Contractor is responsible for all deductibles and losses not covered by commercially procured insurance. Any portion of the coverage to be provided under a Self-Insured Retention (SIR) of the Contractor is subject to the review and approval of the General Manager, Risk Finance. If any part of the insurance is self-insured, Contractor and its subcontractors agrees to treat all losses within the self-insured retention as though commercial insurance is in place, including provide defense to the Additional Insured. Furthermore, any insurance or self-insurance maintained by the above additional insureds shall not contribute to any loss or claim.

If any of the Work is to be done on or at Port Authority facilities by subcontractors and, if the Contractor requires its subcontractors to procure and maintain such insurance in the name of the Contractor, then such insurance as is required herein shall include and cove the additional insureds and it must have insurance limits not lower than those set forth by the Port Authority herein, along with all the insurance requirements in this section known as “Insurance Procured by the Contractor”.

All insurance coverage shall be provided by the Contractor and/or by or for any of its subcontractors at no additional expense to the Port Authority and its related entities. A copy of this section titled “Insurance Procured by the Contractor” shall be given to your insurance agent and subcontractors and shall form a part of the covered contract or subcontract for insurance purposes in furtherance of the insurance requirements under this Contract.

Further, it is the Contractor’s responsibility to maintain, enforce and ensure that the type of coverages and all limits maintained by it and any of all subcontractors are accurate, adequate and in compliance with the Port Authority requirements; and the Contractor is to retain a copy of its subcontractors’ certificates of insurance. All certificates of insurance shall be turned over to the Port Authority prior to the start of work, including subcontractors' work, and upon completion of the Contract.

The contractor, its subcontractors and its insurers shall not, without obtaining the express advance written permission from the General Counsel of the Port Authority, raise any defense involving in any way the jurisdiction of  any court, tribunal, agency, special district, commission or other authority exercising judicial or regulatory functions over the person of the Port Authority, the immunity of the Port Authority, its Commissioners, directors, officers, agents or employees, their affiliates, successors and/or assigns, the governmental nature of the Port Authority or the provision of any statutes respecting suits against the Port Authority. The Port Authority is an intended third-party beneficiary of the agreement between the Contractor, and each of its respective subcontractors and insurers, with the direct right to enforce the agreement with respect to this provision.

The Contractor and its subcontractor(s)shall also take out, maintain, and pay premiums on Workers’ Compensation Insurance in accordance with the requirements of law in the state(s) where work will take place, and Employer’s Liability Insurance with limits of not less than $1 million per each accident.

Each policy above shall contain an endorsement that the policy may not be canceled, terminated, or modified without thirty (30) days’ prior written notice to the Port Authority Attn: Facility Contract Administrator, at the location where the work will take place with a copy to the General Manager, Risk Finance.

The Port Authority may, at any time during the term of this Contract, change or modify the limits and coverages of insurance.

Within five (5)days after the award of this Contract and prior to the start of work, the Contractor must submit an original certificate of insurance to the Port Authority Facility Contract Administrator, at the location where the work will take place. This certificate of insurance MUST show evidence of the above insurance policy(ies), including, but not limited to, the cancellation notice endorsement and stating the contract number prior to the start of work. The Contractor is also responsible for maintaining and conforming to all insurance requirements from the additional insureds and their successors or assigns. The General Manager, Risk Finance must approve the certificate(s) of insurance before any work can begin. Upon request by the Port Authority, the Contractor shall furnish to the General Manager, Risk Finance, a certified copy of each policy, including the premiums.

If at any time the above liability insurance should be canceled, terminated, or modified so that the insurance is not in effect as above required, then the Contractor and all subcontractors shall suspend performance of the Contract at the premises until a satisfactory insurance policy(ies) and certificate of insurance is provided to and approved by Risk Finance, unless the Facility or Project Manager directs the Contractor, in writing, to continue to performing work under the Contract. If the Contract is so suspended, no extension of time shall be due on account thereof. 

Renewal certificates of insurance or policies shall be emailed to certificates-portauthority@riskworks.com and delivered to the Port Authority Facility Contractor Administrator, and upon request from the additional insureds, their successors or assigns at least fifteen (15) days prior to the expiration date of each expiring policy. The General Manager, Risk Management must approve the renewal certificate(s) of insurance before work can resume on the facility. If at any time any of the certificates or policies shall become unsatisfactory to the Port Authority, the Contractor shall promptly obtain a new and satisfactory certificate and policy and provide same to the Port Authority.

Failure by the Contractor to meet any of the insurance requirements, including the requirement that the Port Authority be afforded the full extent of the insurance obtained under this Contract without limitation, shall be deemed a material breach of contract and may be a basis for termination of this Contract by the Port Authority.

The requirements for insurance procured by the Contractor and subcontractor(s) shall not in any way be construed as a limitation on the nature or extent of the contractual obligations assumed by the Contractor under this Contract. The insurance requirements are not a representation by the Port Authority as to the adequacy of the insurance necessary to protect the Contractor against the obligations imposed on it by law or by this or any other contract.

This ASSET is being listed on behalf of a law enforcement agency or other partner ("SELLER") by PropertyRoom.com on a Sold AS IS, WHERE IS, WITH ALL FAULTS basis, with no representation or warranty from PropertyRoom.com or SELLER. In many cases, the car, boat, truck, motorcycle, aircraft, mowers/tractors, etc. ("ASSET") sold on PropertyRoom.com comes from seizure or forfeiture, and the SELLER typically does not possess use-based knowledge of the ASSET. Further, PropertyRoom.com does not physically inspect the ASSET and cannot attest to actual working conditions. PropertyRoom.com and SELLER gather information about the ASSET from authoritative sources; still, errors may appear from time to time in the listing. PropertyRoom.com cautions any website user, shopper, bidder, etc. ("BUYER") to attempt to confirm, with us, information material to a bidding/purchasing decision.

As an example of information that PropertyRoom.com cannot confirm, we do not verify odometer readings. Further, PropertyRoom.com acts solely as an advertiser for SELLER. BUYER will acquire title to the ASSET directly from SELLER.

SELLER states, to the best of its knowledge, no liens, security interests or encumbrances exist on this ASSET and the Odometer reading reflects the total actual mileage of the vehicle. Only claims for discrepancies pertaining to year/make/model/VIN/mileage will be honored. These claims must be made PRIOR to removal of the vehicle from the lot. The liability of SELLER shall not exceed the actual purchase price of the property/vehicle.

Except as expressly set forth above, the SELLER makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property/vehicle offered for sale. The undersigned acknowledge that the goods were sold using the services of the PropertyRoom.com website.

At this time PropertyRoom.com only accepts bidders from the United States, Canada and Mexico on Vehicles and Heavy Industrial Equipment. The Bid Now button will appear on auctions where you are qualified to place a bid.

Acceptable forms of payment methods for vehicles and heavy industrial equipment include the following. All payments $5,000 or more must be made via Wire Transfer.

Bidders from the United States: The only accepted payment methods for bidders from the United States are Credit Card, PayPal and Wire Transfer. All payments $5,000 or more must be made via Wire Transfer.

1. Credit Card. We currently accept Visa, MasterCard, American Express or Debit Cards that bear the Visa or MasterCard logo up to $4,999.99. All payments $5,000 or more must be made via Wire Transfer.
2. PayPal. We currently accept PayPal up to $4,999.99. All payments $5,000 or more must be made via Wire Transfer.
3. Wire transfer. For wire transfer, you will receive an email for the final winning bid to be paid via wire transfer. This must be paid in full within 72 hours of receipt. If not paid, within 72 hours you acknowledge and agree to possible forfeiture of any fees and goods. To learn more about wire transfers, please read the FAQ on Wire Transfers for Vehicles and Heavy Industrial Equipment.

Bidders from Canada or Mexico: Payment made via wire transfer is the only accepted payment method for bidders from Canada & Mexico. PropertyRoom.com currently does not accept international credit cards, credit cards or PayPal based outside of the United States, as a form of payment.

1. Wire transfer. For wire transfer, you will receive an email for the final winning bid to be paid via wire transfer. This must be paid in full within 72 hours of receipt. If not paid, within 72 hours you acknowledge and agree to possible forfeiture of any fees and goods. To learn more about wire transfers, please read the FAQ on Wire Transfers for Vehicles and Heavy Industrial Equipment.

The BUYER will receive a notification email from PropertyRoom.com following the close of an auction. After fraud verification and payment settlement, we will email the winning bidder instructions for retrieving the ASSET from the Location listed above.

The winning bidder possesses sole responsibility for arranging and paying for any costs associated with retrieving the ASSET, which in the case of a vehicle may involve towing or flatbed transport.

Some ASSETS may show "In-Place" as the only shipping method in the listing description. Such ASSETS require pick-up from the location specified in the ASSET listing. The following rules and practices apply to ASSETS designated as In-Place ASSETS:

• BUYER is solely responsible for noting the pick-up location and any restrictions on pick up arrangements for a specific In-Place ASSET prior to purchase.
• Following the purchase and once payment has been verified and settled; PropertyRoom.com will send an email to BUYER with the address of the ASSET purchased and contact information for the SELLER of the ASSET.
• BUYER is responsible for contacting the SELLER of the ASSET and making arrangements to pick-up the ASSET. This will include a requirement to make an appointment for such pick-up.
• The SELLER may require BUYER to verify your identity and/or fill-out and sign such documentation as the SELLER may specify at the time of pick-up.

If BUYER is authorizing a freight service or an individual to pick up the ASSET on their behalf, they must coordinate retrieval of the asset with the SELLER. THIS WILL REQUIRE:

• A Notarized Statement or Power of Attorney from you directly to the SELLER authorizing release of ASSET to freight service or individual.
• Authorized pick-up person or freight service may not, under any circumstances, coordinate pick-up with the SELLER.
• Authorized pick-up person will be required to furnish ID at time of pick-up.

All applicable shipping, logistics, transportation, customs, fees (storage/gate/title/registration/smog/other), taxes, export/import activities and all associated costs are the sole responsibility of the BUYER. No shipping, customs, export or import assistance is available from PropertyRoom.com.

When applicable for a given ASSET, BUYER bears responsibility for determining motor vehicle registration requirements in the applicable jurisdiction as well as costs, including any fees, registration fees, taxes, etc., owed as a result of BUYER registering an ASSET; for example, BUYER bears sole responsibility for all title/registration/smog and other such fees.

If you wish to have this ASSET freight shipped within the United States or internationally, PropertyRoom.com suggests using uShip. Please click here for more information on how to obtain a shipping quote.

Unless we have entered into a separate written agreement with you, you are responsible for transportation of the ASSET that you purchase. Transportation includes rigging, loading, securing and transporting the purchased ASSET, including all costs and risks associated with removal. Where we indicate the ASSET must be loaded by you, you must provide all material handling equipment and properly trained and certified operators to operate such equipment. Your employees or agents are responsible for compliance with all federal, state, local and facility (the location where the ASSET are located) security, environmental, safety and health laws and regulations while operating equipment on the loading site. You are responsible for any damages to property, including spills or releases of hazardous substances, which might occur during the removal process. Failure by you or your agent to clean up any releases or to repair any damages may result in you being banned from future participation in our auctions, and you may be reported to the appropriate authorities, as well as other remedies that may be available to us or to any other party damaged by your actions.

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