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Home My WebLink AboutPR 20680: SETTLEMENT OF RENTAL FEES FOR AN EXCAVATOR FROM GOLDENT TRIANGLE INDUSTRIES, INC. 4 Erterx, City of Cary Of ort rthur Texas INTEROFFICE MEMORANDUM Office of Safety & Risk Management Date: February 12, 2019 To: Harvey L. Robinson, Interim City Manager From: Trameka A. Williams, Asst. Director of Human Res rce M,U 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 final months' rental fees for January 2019 through March 2019 in the amount of $11,077.50. TML will subrogate Liberty Mutual Insurance for funds dispersed on their behalf. Recommendation: I recommend approval of Proposed Resolution No. 20680 authorizing the City Manager to execute settlement of rental fees for an excavator from Golden Triangle Industries, Inc. in the amount of$11,077.50 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. 20680 03/19/19 TAW RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT OF RENTAL FEES FOR AN EXCAVATOR FROM GOLDEN TRIANGLE INDUSTRIES, INC. IN THE AMOUNT OF S11,077.50 MADE AGAINST LIBERTY MUTUAL INSURANCE AS A RESULT OF PROPERTY DAMAGE TO 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. The equipment was rented from Golden Triangle Industries, Inc., on a monthly basis. The monthly rental fees are to be paid through Texas Municipal League (TML) and will be subrogated from Johnny's Towing and Towing; and, WHEREAS, as a result of the damage, a claim was filed with Texas Municipal League (TML); and, WHEREAS, Texas Municipal League (TML) has issued payment for the final monthly rentals for the excavator in the amount of $11,077.50 for the period of January 2019 through March 2019. 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 511 ,077.50 for the claim against Liberty Mutual Insurance in substantially the same form as delineated in 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: Val Tizeno, City orney APPROVED FOR ADMINISTRATION: Harvey L. Robinson, Interim City Manager EXHIBIT " A" TML LVrERGOVERNMENIAL RISK POOL Workers' Compensation • Property • Liability February 28, 2019 Port Arthur Attn: Elizabeth Diaz, HR Director PO Box 1089 Port Arthur, TX 77641-1089 RE: Fund Member : Port Arthur Date of Loss : June 24, 2018 TMLIRP Claim No : PR0000000087876 Rental for January through February 2019 Damage to Mobile Equipment ID #213 Dear Ms. Diaz: Please find enclosed payment for the rental costs for this claim. I understand the equipment repair is completed. Please send the final invoice for the repairs to me so I may review for final payment. Should you have any questions or concerns, please don't hesitate to give me a call at extension 2412. Si cerely, 1 1 ' I Lisa Kutch Senior Claims Specialist Texas Municipal League Intergovernmental Risk Pool Encls: Check, Invoice 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 GOLDEN TRIANGLE INDUSTRIES INC RENTAL INVOICE 18803 HWY 62 SOUTH Invoice #. . . 1028677-0008 Page: 1 ORANGE, TX 77630 Invoice date 1/25/19 Date out. . . . 6/25/18 30 AM • 409-735-7368 Billed thru. 2/04/19 409-735-7873 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 ...PO BOX 1.089 LAKE ARTHUR DRIVE • . PORT ARTHUR." TX 77641 PORT ARTHUR. TX 77642 • • • C#: 409-083-8160 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 1/25/19 9:30 PM 2/04/19 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 OUT1 2173.00 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 BILLED FOR FOUR WEEKS 1/07/19 THRU 2/04/19 00:30 AM • / /MA/ • /01rilgjet- • 00 / RO35 6/0-0 6 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 reed and agree to 00 of the terms end conditions hereon and ad terms end conditions hi the edam Equipment Rental Agreement I'Agreement')which la incorporated on the reverse side of this Agreement.If there Is env conflict In terms.the Agreement shall prevail.1 acknowledge receipt of the equipment delivered in good order.end a copy of this end the Agreement.Signer represents that they we the authorized agent or employee Customer.This end the Agreement represent the entire agreement between us,end there we no omni or other representations Of agreements.None al the terms or conditions of this document and the Agreement may be amended or modified,eacept In writing.signed by both of us.Customer is responsible for all repair or replacement es provided in the Agreement.Customer hereby authorizes corrtpe ry to send advertisements and sotdtaiiorts to custornet by e-mail or fecsi mite transmission or otherwise.Rented rates based on 8 working hours per day, 40 hours per week,180 hours pa four week period.Overtime charged on overages.The Cu torma's signature Indicates your understanding o1 end acceptance of responslblety for operate training requirements end licensing requirementa on required by applicable local.state.and federal regulations.Customer hes inspected the egeefpment and If soy equipment Is not operating property at time or receipt,you must contact us withinss day.11 equipment is shipped vie Customer provided trnnsyortattruck aur(11 busineion or n third party,arch es a trucarrier.edema for darerges In shipment must be made exclusively with that carder or Its insurance. III I II1 I 1111111111111111111111111111111111111111111111111111 1111 • t in ()hintpher TOMER SIG I P I DELIVERED BY ATURE NAME R NTED TML INTERGOVERNMENTAL RISK POOL. Workers' Compensation • Property • Liability March 07, 2019 Port Arthur Attn: Elizabeth Diaz, HR Director PO Box 1089 Port Arthur, TX 77641-1089 RE: Fund Member : Port Arthur Date of Loss : June 24, 2018 TMLIRP Claim No : PR0000000087876 Rental for February through March 2019 Damage to Mobile Equipment ID #213 Dear Ms. Diaz: Please find enclosed payment for the rental costs for this claim. I understand the equipment repair is completed. Please send the final invoice for the repairs to me so I may review for final payment. Should you have any questions or concerns, please don't hesitate to give me a call at extension 2412. Sin erely, )(11jj1isa Kutch Senior Claims Specialist Texas Municipal League Intergovernmental Risk Pool Encls: Check, Invoice 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 )T` GTlrental . com RENTAL INVOICE / Invoice #. . . 1028677-0009 Page: 1 ,• -, 18803 HWY 62 SOUTH Invoice date 2/ 1' ORANGE. TX 17630 Date out. . . . 6/25/18 30 AM 409-735-7368 Billed thru. 3/04/19 409-735-7873 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 PO 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 Oats: Sales Representative: System Time: Termination Date: 10/01/18 DOUG CRAIG 2/22/19 8:15 PM 3/04/19 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 OUT1 2173.00 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 BILLED FOR FOUR WEEKS 2/04/19 THRU 3/04/19 00:30 AM 60119 [....353i'Ja,Do • t I, i ititt4teitatkoduttv )44 /q4o J , bvkEcbk. IF THE EQUIPMENT DOES NOT WORK EQUIPMENT USAGE ALLOWED,8HRS CAY 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 rend and agree to ea of the terms and conditions hereon and ell terms and conditions in the Master Equipment Rental Agreement(-Agreement-1 whit is incorporated on the reverse side of this Agreement.If there is any conflict M terms,the Agreement shall prevail.I acknowledge receipt of the equipment delivered in good order,and a copy of this and the Agreement Signer represents that they me the authorized agent or employee Customer.This and the Agreement represent the entire agreement between us.end there era no oral or other representations or agreements None of the terms or conditions of this document and the Agreement may be emended CO modified.except in writing.signed by both of us.Customer is responsible for all repair or replacement es provided in the Agreement.Customer hereby authorizes company to send edvertieementa end solicitations to customer by email or facsimile transmission or otherwise Rental rates based on B working hours per day. 40 hours per week.160 hours per tour week period.Overtime charged on overages.The CUSIOMOr a signature indicates your understanding of and acceptance of responsibility for operator training requirements and licensing requirements as required by applicable local,state.end federal regulates.Customer has inspected the equipment and if any equipment is not operating properly at time of receipt,you must contact us within one(i I business day 11 equipment is stripped vie Customer provided trarnsportalion ore third party.such as a buck Carrie,claims for damages in shipment must be made exclusively with that carrier or its insurance III I III I II II I II I I I I II I II I I II II I 111111 IIIII II IIIIIII II I II I II I II II II III X 11 . U? Kevin. tri 3l� per x CUSTOMERGNATURE NAME PRINTED DELIVERED BY i