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Home My WebLink AboutPR 20604: SETTLEMENT OF A CLAIM AGAINST LIBERTY MUTUAL INSURANCE DAMAGE TO EXCAVATOR (STREETS UNIT #1990) Iw Energy"_= City of )10 „r1 , 1/rur Texas INTEROFFICE MEMORANDUM Office of Safety & Risk Management Date: December 19, 2018 To: Harvey L. Robinson, Interim City Manager From: Trameka A. Williams, Asst. Director of Human Res r RE: A Resolution Authorizing the City Manager to Execute Settlement of Rental Fees for an Excavator from Golden Triangle Industries, Inc. Nature of the request: On June 24, 2018, Johnny's Towing and Recovery hauler struck an underpass at Memorial Blvd. and Bluebonnet Ave. damaging Streets Unit#1990. Staff Analysis, Considerations: As a result of the damages to Streets Unit #1990, a rental excavator was needed to proceed with projects in the department. The equipment was rented from Golden Triangle Industries, Inc., on a monthly basis. A claim was filed with Johnny's Towing and Recovery's insurance, Liberty mutual Insurance. Liberty Mutual Insurance has issued payment for the first month's rental; however, a claim was filed with Texas Municipal League (TML) for the remaining months. TML has issued payment for the October through November 2018 rental in the amount of $5,538.75. TML will subrogate Liberty Mutual Insurance for funds dispersed on their behalf. Recommendation: I recommend approval of Proposed Resolution No. 20604 authorizing the City Manager to execute settlement of rental fees for an excavator from Golden Triangle Industries, Inc. in the amount of$5,538.75 made against TML as a result of Property Damage to Unit #1990. Budget Considerations: No budgetary impact. "Remember we are here to serve the Citizens of Port Arthur" P.R. No. 20604 12/19/18 TAW RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT OF A CLAIM IN THE AMOUNT OF $5,538.75 MADE AGAINST LIBERTY MUTUAL INSURANCE AS A RESULT OF PROPERTY DAMAGE TO AN EXCAVATOR (STREETS UNIT #1990) WHEREAS, on June 24, 2018, Johnny's Towing and Recovery hauler struck an underpass at Memorial Blvd. and Bluebonnet Ave., damaging Streets Unit#1990; and, WHEREAS, the damages were significant and a rental was needed to proceed with projects in the department. Replacement equipment was rented from Golden Triangle Industries, Inc., on a monthly basis; and, WHEREAS, as a result of the damage, a claim was filed with Texas Municipal League (TML); and, WHEREAS, the monthly rental fees are to be paid through Texas Municipal League (TML) and will be subrogated from Johnny's Towing and Recovery who is insured by Liberty Mutual Insurance; and, WHEREAS, Texas Municipal League (TML) has issued payment for the monthly rental of an excavator in the amount of $5,538.75 for the period of October 15 through November 12, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That, the facts and opinions in the preamble are true and correct. Section 2. That, the City Manager is hereby authorized to execute settlement in the amount of $5,538.75 for the claim against TML-IRP. A copy of the rental charges from Golden Triangle Industries, Inc., is attached hereto as Exhibit "A". Section 3. That, a copy of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED this day of , AD, 2019, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: udf.c461 e,-) Jout,e7f 4no, Afforney APPROVED FOR ADMINISTRATION: Harvey L. Robinson, Interim City Manager EXHIBIT " A" GOLDEN TRIANGLE INDUSTRIES INC RENTAL INVOICE 18803 HWY 62 SOUTH Invoice #. . . 1028677-0005 Page:, 1 Invoice date 11/02/18 ORANGE, TX 77630 Date out. . . . 6/25/18 30 AM 409-735-7368 Billed thru. 11/12/18 .409-735-7873 Fx Job Loc LAKE ARTHUR DRIVE. PORT ARTHUR Job No 2 - CITY OF PORT ART Written by Customer: 5253 Job Site: ` CITY OF PORT ARTHUR CITY OF PORT ARTHUR PQ BOX 1089 LAKE ARTHUR DRIVE PORT ARTHUR, TX 77641 PORT ARTHUR: TX 77642 • • C#: 409-983-8160 J#: 409-983-8160 Ordered By: Purchase Order Number: Yard Person: Terms: KEVIN CHRISTOPHER NEEDED DC Net 30 days Insurance Expiration Date: Sales Representative: System Time: Termination Date: 10/01/18 DOUG CRAIG 11/02/18 9:30 PM 11/12/18 • • Qty Equipment # Day • Week 4 Week Amount . 1 TH5288 EXCAVATOR. 200 840.00 2100.00 5250.00 5250.00 Make: SANY Model : SY215C Ser #: 12SY021DJ5288 HR OUTT 21/3.00 HR IN1 TOTAL: 2173.00 SALES ITEMS: Qty Item number Description Unit Price 1 TDSC TEXAS DIESEL SURCHARGE 1.5% EA 78.75 78.75 1 THEITX HEAVY EQUIP INV TAX EA 105.00 105.00 THEITX Tax includes .002115% of rental amount 1 ENV • ENVIRONMENTAL FEE EA 105. 00 105.00 Sub-total : 5538.75 Exempt: • Total : 5538.75 Sj°L FOR"' 1 R WEEKS 10/15/18 THRU I 00:30 AM DC 1IV3531 '0 Oe SiTects - toP ., IF THE EQUIPMENT DOES NOT WORK EQUIPMENT USAGE ALLOWED, 8HRS DAY CUSTOMER IS RESPONSIBLE FOR REFUELING, PROPERLY. NOTIFY THE OFFICE AT ONCE 40HR WEEK. 160 HRS 4-WEEK, OT WILL APPLY DAMAGES,REPAIRS OR TIRE REPAIRS I have read and agree to all of the terms and conditions hereon and all terms and conditions in the Master Equipment Rental Agreement(-Agreement')which is incorporated on the reverse side of this Agreement.If there is any conflict in terms,the Agreement shell preyed.I acknowledge receipt of the equipment delivered in good order,and a copy of this and the Agreement.Signer represents that they are the authorized agent or employee Customer.This and the Agreement represent the entire agreement between us.and there are no oral or other representations or agreements.None of the terms or conthttions of this document and the Agreement may be amended or modified,except in writing,signed by both of us.Customer is responsible tot all repair or replacement as provided in the Agreement.Customer hereby authorizer company to send advertisements and solicitations to customer by e-mail or facsimile transmission or otherwise.Rental rates based on 8 working hours per day, 40 hours per week,160 hours per lour week period.Overtime charged on overages.The Customer's signature indicates your understanding of and acceptance of responsibility for operator training requirements and hcensing ro,tmrirements as required by applicable local,state,and federal regulations.Customer has inspected the equipment and if any equipment is not operati receipt.you must contact ars within one 11)business day.It equipmentes property at time of is stopped via Customer provided transportation or a third party,ouch as a truck carrier,claims for damages in shipment must be made exclusively with that carries o its insurance. 11111111111111111111111111111111111111111111111111111111111111 x �. lA hCG ill ris o CUST MER SIGNATURE N � X l.TINv NAME PRINTED DELIVERED BY