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Home My WebLink AboutPR 20301: CIVIC CENTER SETTLEMENT CLAIM WITH TML City of Cit V A do 1030 „rt rthu — Texas INTEROFFICE MEMORANDUM Office of HR & Risk Management Date: Wednesday, May 30th, 2018 To: Harvey L. Robinson, Interim City Manager From: Monique LeFlore MA, SHRM-SCP, HR& Civil Service Director RE: A Resolution Authorizing the Settlement of a Claim in the Amount of $642,304.00 Made Against TMLIRP Introduction: The intent of this Agenda item is to seek City Council's approval to accept the payment in the amount of$642,304.44 less deductible amount of$53,644.00 from TML as a result of damages to the Bob Bowers Civic Center caused by Hurricane Harvey. Background: August 29th, 2017, Hurricane Harvey struck the City of Port Arthur, resulting in flood damage to building items (roof, auditorium seating and kitchen equipment) located at the Bob Bowers Civic Center.As a result of the damage, a claim was filed with Texas Municipal League Intergovernmental Risk Pool (TML) with approximate damages totaling approximately $642,304.00.TML has offered to settle the claim for $642,304.00 less the building deductible amount of $53,644.00, making the final settlement offer$588,660.00 which is considered a fair and reasonable settlement. TML has finalized the claim to compensate the City for the actual cash value of various damaged building items, however, j outside of the Turnkey, there were improvements made in the amount of $588,040.07 to the Civic Center by SynergyNDS in the amount$588,040.07. Recommendation: Staff recommends that the City Council hereby authorized the City Manager to accept the settlement in the amount of$642,304.00 to compensate for the City for the actual cash value of various damaged building items. Staff also recommend City Council further authorizes the payment to SynergyNDS in the total amount of$588,040.07 from the settlement proceeds. Staff Analysis, Considerations: Building items (auditorium seating and kitchen equipment) replaced were settled for actual cash value damage (Exhibit"A"attached). "Remember we are here to serve the Citizens of Port Arthur" in• ■I ill II I I I.IIIII�I -I- 11111 111 SWORN STATEMENT IN PROOF OF LOSS $ 5,364,440• 7587 AMOUNT OF COVERAGE AT TIME OF LOSS CONTRACT NUMBER October 01,2016 PR0000000065172 COVERAGE EFFECTIVE DATE TML CLAIM NUMBER October 01,2017 COVERAGE EXPIRATION DATE To the Texas Municipal League Intergovernmental Risk Pool of Austin,Texas. At time of loss,the TMLIRP provided self-insurance coverage through the Interlocal Agreement to: Port Arthur against loss by hurricane Harvey to the property described according to the terms and conditions of said contract and all forms, endorsements,transfers and assignments attached thereto. 1. Time and Origin: A hurricane Harvey loss occurred about the hour of o'clock m.on the 30th day of August,2017 . The cause and origin of the said loss were: Dmg to auditorium seating and d kitchen equipment at ID 21 -Bob Bowers Civic Center 2. Occupancy: The building described, or containing the property described, was occupied at the time of the loss as follows, and for no other purpose whatever: member 3. Title and Interest: At the time of the loss, the interest of your member in the property described therein was n/a . No other person or persons had any interest therein or encumbrance thereon,except: n/a 4. Changes: Since the said contract was issued,there has been no assignment thereof, or change of interest, use,occupancy, possession, location or exposure of the property described,except: n/a 5. Total Insurance: The total amount of coverage upon the property described by this contract was,at the time of the loss $ 5,364,440 as more particularly specified in the apportionment attached,besides which there was no policy or other contract of insurance,written or oral,valid or invalid. 6. The Whole Loss and Damage $642,304 7. The Actual Cash Value Of Claim . . $ 8. Recoverable Depreciation pending repairs $ Less Amount of Deductible . $53,644.00 9. The Amount Claimed under the above numbered contract is . $588,660.00 The said loss did not originate by any act,design or procurement on the part of your member,or this affiant;nothing has been done by or with the privity or consent of your member or this affiant,to violate the conditions of the contract, or render it void; no articles are mentioned herein or in annexed schedule but such as were destroyed or damaged at the time of said loss; no property saved has in any manner been concealed,and no attempt to deceive the said TMLIRP, as to the extent of said loss,has in any manner been made. Any other information that may be required will be furnished and considered a part of this proof. The furnishing of this blank or the preparation of proofs by a representative of the above self-insurance fund is not a waiver of any of its rights. - State of County of Authorized Representative of Subscribed and sworn to before me this day of ,20 . Notary Public INVOICE .. TmLINVOICE NO. 2018-52118-3 DATE 5/10/2018 CLAIM NO. Harvey TML Flood SynergyNDS - TML Recovery Program Manager To: City of Port Arthur Att:Rebecca Underhill 1400 Sarno Road CC:Lisa Kutch/TML Melbourne,FL 32935 Per Budget Provided to City (888)580-7080 a dmin@synergyid.com PROJECT DESCRIPTION PAYMENT TERMS Port Arthur Bowers Civic Ctr -Alternate Project(approved Insurance Allowance) City to Release TML Payment/Check DESCRIPTION QUANTITY AMOUNT TOTAL Replacement of Acoustical Wall Sound Panels 1.00 43668.11 $43,668.11 New Convention Electrical Outlets/Trade Show Configuration 1.00 43279.97 $43,279.97 A/V System Upgrades(Per Adam Saunders) 1.00 263,658.26 $263,658.26 Kitchen&Maintenance Offices Improvements(Build-Out) 1.00 11690.97 $11,690.97 Duro-Last Roof Repair and Replacement(Per Specifications) 1.00 $148,410.76 $148,410.76 Auditorium Drywall(Frame Out Bleacher/Seating Wall Area) 1.00 $33,669.99 $33,669.99 Auditorium Painting 1.00 $20,225.38 $20,225.38 Auditorium Flooring-Finish Exposed Concrete Area(Match to flooring) 1.00 $11,924.79 $11,924.79 Roof Consultant(Specification and Development-TIFF Program) 1.00 $3,795.80 $3,795.80 Diamond Polish&Restore Kitchen Floor 1.00 $7,716.04 $7,716.04 TOTAL DUE $588,040.07 Make all checks payable to:SynergyNDS,Inc. YOUR RESOURCE.YOUR ADVOCATE.YOUR PARTNER. FEIN:47-4848546 simpliCity-Embedded for Projects https://simplicity.quickbase.com/db/beie57ih9?a=q&qid=-1001911&dlta=mx{'6'.TV.'2900')—pr... simpliCity: Scopes of Work Embedded for Projects MAY-21-2018 2:29 PM Embedded for Projects Scope Category Vendor Task Description Pool/Trust Approval Work Current Scope: Total Total Value # Approval Date Status , Scope Coverage Value (Completed) I I Status Review (Estimate) (Formula) Classification Insurance Allowance(Alternative Scope)(10 Scopes of Work) 3226 Insurance Gulf Coast Acoustical Wall Panels Declined 03-03-2018 In Progress Close Out Improved Project -43,668.11 -43,668.11 Allowance Audio (Non-Insurance) (Alternative Scope) 3234 Insurance A&A Electric New Convention Declined 02-19-2018 Completed Close Out Improved Project -43,279.97 -43,279.97 Allowance Co.,Inc. Electrical Outlets (Non-Insurance) (Alternative Scope) i 3289 Insurance Gulf Coast AN Upgrades Declined 03-03-2018 In Progress Close Out Improved Project -263,658.26 -263,658.26 I Allowance Audio (Non-Insurance) (Alternative Scope) 3290 Insurance Coumanis- Improvements-Kitchen Declined 03-03-2018 Completed Close Out Improved Project -11,690.97 -11,690.97 Allowance Allen and Maintenance Office (Non-Insurance) (Alternative Scope) 3291 Insurance Duro-Last Roof Repair/Replacement Declined 03-04-2018 Completed Close Out Improved Project -148,410.76 -148,410.76 Allowance (Non-Insurance) (Alternative Scope) 3295 Insurance Coumanis- Auditorium Drywall Declined 03-03-2018 Completed Close Out Improved Project -33,669.99 -33,669.991 Allowance Allen (Non-Insurance) (Alternative Scope) 3296 Insurance Coumanis- Auditorium Painting Declined 03-03-2018 Completed Close Out Improved Project -20,225.38 -20,225.381 Allowance Allen (Non-Insurance) (Alternative Scope) 3330 Insurance Action Auditorium Flooring- Declined 03-03-2018 Completed Close Out Improved Project -11,924.79 -11,924.79 Allowance Restoration Finish Exposed Concrete (Non-Insurance) (Alternative Scope) 3461 Insurance 4T Roof Specification Declined 04-02-2018 Completed Close Out Improved Project -3,795.80 -3,795.80 I Allowance Partnership Development, (Non-Insurance) (Alternative LLC Procurement and Project 1 of 2 5/21/2018,1:29 PM simpliCity-Embedded for Projects haps://simplicity.quickbase.com/db/beie57ih9?a=q&qid=1001911&dlta=mx{'6'.TV.'2900'}-pr... Scope Category Vendor 1 Task Description Pool/Trust Approval Work Current Scope: Total Total Value # 1Approval Date Status Scope Coverage Value j (Completed) Status Review (Estimate) (Formula) Classification Scope) Management 3598 Insurance Action Diamond Polish Kitchen Declined 03-03-2018 Completed Close Out Improved Project -7,716.04 -7,716.04 Allowance Restoration Floor (Non-Insurance) (Alternative Scope) TOT -588,040.07 -588,040.07 TOTALS Number of Total Total Category Value Value Scopes of work (Estimate) (Completed) Insurance Allowance(Alternative Scope) 10 -588,040.07 -588,040.07 Totals(1 group) 10 -588,040.07 -588,040.07 2 of 2 5/21/2018,1:29 PM TML INTERGOVERNMENTAL RISK POOL Workers' Compensation • Property • Liability May 29, 2018 Port Arthur Attn: Monique LeFlore, HR Director PO Box 1089 Port Arthur, TX 77641-1089 RE: TMLIRP Fund Member: Port Arthur Date of Loss: August 30, 2017 TMLIRP Claim No: PR0000000065172 Harvey damage at Bowers Civic Center ID 21 Dear Monique: Please find enclosed payment for actual cash value damage for building items (auditorium seating and kitchen equipment) less the 1% deductible of $53,644.00. These were not part of the turnkey project, but are being handled as direct costs for the City. I'm also enclosing a proof of loss form I'll need signed, notarized and returned in the enclosed envelope. It is my understanding that the seating is not being replaced. Further, the amount paid for the kitchen equipment is for what was in place at the time of the loss. If that equipment is replaced for less than the ACV payment, there won't be any further payment owed for these items. Please don't hesitate to give me a call at extension 2412 should you have any questions. Si cerely, ikiAjOtk Lisa Kutch Senior Claims Specialist Texas Municipal League Intergovernmental Risk Pool Encls: TMLIRP Check, Check Support, POL, Envelope Texas Municipal League Intergovernmental Risk Pool 1821 Rutherford Lane, First Floor • Austin, Texas 78754 • (512)491-2300 • (800)537-6655 Texas Only P.O. Box 149194 • Austin, Texas 78714-9194