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HomeMy WebLinkAboutPR 22555: APPROVING A PROPERTY DAMAGE SETTLEMENT FOR THEFT OF A LIFT STATION GENERATOR AT THE RODEO LANE LIFT STATION F.nr.Fv City of cr., �t1 )._,2) 5 SS o rt rth ur Texas INTEROFFICE MEMORANDUM Office of Safety & Risk Management Date: May 19,2022 To: Ron Burton, City Manager From: Trameka A. Williams, Director of Human Resources RE: A Resolution Approving a Property Damage Settlement in the Amount of$18,028.78 for Theft of City of Port Arthur Lift Station Generator at the Rodeo Lane Lift Station Nature of the request: On December 19, 2020, the generator housed at the Rodeo Lane lift station on Pleasure Island was stolen from the property. Staff Analysis, Considerations: The City has Property Physical Damage insurance coverage through Texas Municipal League Intergovernmental Risk Pool (TMLIRP) with a $5,000.00 deductible. TML has offered the City a settlement of$18,028.78, less the $5,000.00 deductible, making the final settlement offer $13,028.78 (Exhibit "A" attached). This amount is sufficient to cover all estimated property damage for the generator. If additional damages are discovered, TML may issue a supplemental payment. Recommendation: I recommend approval of Proposed Resolution No. 22555 authorizing the property damage settlement against TML for the theft of the generator from the Rodeo Lane lift station on Pleasure Island. TML has offered to settle the claim for $18,028.78. This is considered a fair and reasonable settlement. Budget Considerations: The funds received will be deposited in the Insurance Proceeds Account#001-00-000-4744-00-00-000, HINGF. "Remember we are here to serve the Citizens of Port Arthur" P.R. No. 22555 05/19/22 TAW RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT OF A PHYSICAL DAMAGE CLAIM IN THE AMOUNT OF $18,028.78 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TMLIRP) AS A RESULT OF PROPERTY THEFT TO A GENERATOR AT THE RODEO LANE LIFT STATION ON PLEASURE ISLAND WHEREAS, on December 20, 2020, the generator housed at the Rodeo Lane lift station on Pleasure Island was stolen from the property; and, WHEREAS, as a result of the damage, a claim was filed with Texas Municipal League Intergovernmental Risk Pool (TMLIRP); and, WHEREAS, TMLIRP has offered to settle the claim for $18,028.78, less the Property Physical Damage deductible amount of $5,000.00, making the final settlement offer $13,028.78, which is considered a fair and reasonable settlement. 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 $18,028.78, less the Property Physical Damage deductible amount of $5,000.00 per unit, making the final settlement offer $13,028.78, for the claim against TMLIRP 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, 2022, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers NOES: . Thurman "Bill" Bartle, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: R\P\ , ,\ OjY\ ‘6\01All Vpl Tzen it Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager EXHIBIT " A " 0 generators of h o u s t o n power on! GOH Proposal No. 333532536 PREPARED BY: Misty Velasquez DATE: 01/16/2022 CUSTOMER NAME: City of Port Arthur CONTACT PERSON: Brian Wallace CUSTOMER PHONE: 409-983-8180 CUSTOMER EMAIL: brian.wallace@portarthurtx.gov BILLING ADDRESS: 444 Fourth Street., Room 202 Port Arthur, TX 77640 JOB ADDRESS: TOTAL PRICE: $13,728.78 (plus applicable sales tax) SCOPE OF WORK "EQUIPMENT PURCHASE WITH DELIVERY" EQUIPMENT: • (1) Generac Model: RG02724-JNAX Liquid Cooled RG Series; Kilowatts- 27kW; Engine -2.4 liter engine; Voltage - 120/240 30; Fuel Type- Natural Gas; Enclosure -Aluminum Enclosure; Catalyst/Tank Size- No Catalyst option • (1) Battery ORGANIZATION: • Price includes manufacturer's standard warranty. GROUND WORK: • Delivery customer's warehouse. o Offloading by others. o Area must be accessible. ELECTRICAL: • N/A PLUMBING: • N/A START-UP: • N/A EXCLUSIONS: • Removal of existing generator or haul-off. • Installation of the purchased equipment including battery. NOTES: • Pricing is based on the email request only. • All sales final. • This "Proposal" is valid for 30 days from date of submission. Pricing discounted for check or cash payment only. Subtotal $13,728.78 Sales Tax $ 1,132.62 Total $14,861.40 Payment Schedule: Enter% Pymt Amt Payment 1 50.00% $7,430.70 Payment 2 50.00% $7,430.70 Total Billing 100.00% $14,861.40 , ACCEPTANCE OF PROPOSAL: • The "Proposal" prices and conditions are satisfactory and are hereby accepted. • Generators of Houston is authorized to begin work. • Payment will be made as outlined above. • Customer has read and agrees to "Terms and Conditions" attached to this "Proposal". Generators of Houston Customer TERMS AND CONDITIONS ALTERATIONS: • No alterations or changes in "Scope of Work" or equipment specifications may be made without written consent by Customer and Generators of Houston thru a properly executed "Work Change Order". CANCELLATION/TERMINATION: • Any allegations of claims by Customer must be made in writing and Generators of Houston requires up to 60 days from date received to address any issue. • Contract may be terminated by Customer only upon payment of cancellation charges which include but not limited to: cost for any materials or equipment purchased or ordered, costs to bid the project, mobilization and demobilization costs, anticipated profit on the project, costs for work performed but not paid, overhead costs and winding down costs. SHIPPING DATES: • Any shipment date given is approximate. Generators of Houston will not be liable for any loss or damage for delays or non-delivery due to acts of civil or military action, acts of the Customer, for reasons of force majeure, inability to secure materials or equipment. Any delay resulting from such causes shall extent the delivery and installation date accordingly. • Generators of Houston shall not be liable for special, direct, indirect or consequential damages that may or may not arise from delays,irrespective of the reason. • Receipt of the equipment by Customer shall constitute acceptance of delivery and waiver of any claims due to delays. WARRANTY: • Manufacturer's Standard Warranty. 6106 Milwee St. -Houston, TX 77092 Phone: 713-812-7285 Sincerely, Misty Velasquez 713-485-8925 (direct) 6106 Milwee Street Houston TX. 77092 Misty.Velasouez@generatorsofhouston.com www.aeneratorsofhouston.com T.E.C.L. 32828 Regulated by Texas Department of Licensing and Regulation, P. O. Box 12157, Austin, Tx 78711, 1-800-803-9202, 512-463-6599; www.license,state.tx.us/complaints Gulf Coast Electric Co., Inc. 2005 Pecos Blvd. • Beaumont,Texas 77701 Ph 409-833-2828 • Fax 409-833-4308 • www.gulfcoastelectric.com March 9, 2022 City of Port Arthur—Water Administration 444 4th Street Port Arthur,TX 77640 RE: Pleasure Island—Replacement Generator We are submitting pricing to install owner furnished generator at Pleasure Island. The price includes labor, miscellaneous material, and equipment rental. The price excludes overtime, sales tax,generator, and transfer switch. Labor-$2,800 Material-$ 1,500 Total-$4,300 If you have any questions or comments, please contact the office. Sincerely, Gulf Coast Electric Co., Inc. /l4.li�G/L P:c..a Kevin J. Picard Vice President IGWT Industrial • Commercial • Residential • TECL 18185 EST I95I