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HomeMy WebLinkAboutPR 22944: REPLACEMENT OF A PLAYSCAPE PLAYGROUND SYSTEM AT LAKEVIEW PARK, TMLIRP City of 4 viiiypi°-t miss rex«, INTEROFFICE MEMORANDUM Office of Safety & Risk Management Date: December 9, 2022 To: Ronald Burton, City Manager From: Trameka A. Williams, Director of Human Res u kl RE: A Resolution Authorizing the City Manager to Execute Settlement of Replacement of A Playscape Playground System at Lakeview Park in the Amount of$53,045.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) Nature of the request: On September 29, 2022, one of four slides including in the playscape system was stolen from Lakeview Park. The entire playscape system would need to be replaced after one part is compromised according to the manufacturer. Staff Analysis, Considerations: The City has property damage insurance coverage through Texas Municipal League Intergovernmental Risk Pool (TMLIRP) with a $5,000.00 deductible. TMLIRP has offered the City a settlement of$53,045.00, less the $5,000.00 deductible, making the final settlement offer$48,045.00 (Exhibit "A" attached). Recommendation: I recommend approval of Proposed Resolution No. 22944 authorizing the City Manager to execute settlement against TMLIRP for the damages to the playscape system at Lakeview Park. TMLIRP has offered to settle the claim for $53,045.00. This is considered a fair and reasonable settlement for the estimated damages. Budget Considerations: The funds will be deposited in the Insurance Proceeds Account #001-00-000-4744-00-00-000, HINGF. P.R. No. 22944 12/09/2022 TAW RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT OF A PROPERTY DAMAGE CLAIM IN THE AMOUNT OF $53,045.00 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TMLIRP) AS A RESULT OF THE PROPERTY DAMAGE TO A PARKS PLAYSCAPE SYSTEM (LAKEVIEW PARK) WHEREAS, on September 29, 2022, Lakeview Park's playscape system was vandalized and r compromised; and, WHEREAS, as a result of the damage, a claim was filed with the Texas Municipal League Intergovernmental Risk Pool (TMLIRP); and, WHEREAS, the TMLIRP has offered to settle the claim for $53,045.00, less the Property Damage deductible amount of $5,000.00, making the final settlement $48,045.00, which is considered a fair and reasonable settlement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1 . That, the facts and opinion in the preamble of this Ordinance are true and correct. Section 2. That, the City Manager is hereby authorized to execute settlement in the amount of $53,045.00, less the Property Damage deductible amount of $5,000.00, making the final settlement $48,045.00, 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. P.R. No. 22944 12/09/2022 TAW Page 2 of 2 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: taiJovtiloy /)14Val Tizeno, ity Attorney APPROVED FOR ADMINISTRATION: Ron Burton, City Manager EXHIBIT " A " • 014 i`' K rafts m a n QUOTE #Q75197 , ��` COMMERCIAL PLAYGROUNDS& Date:10/21/2022 KRAFTSMAN WATER PARKS Project:28373 r ,p` 19535 Haude Road Created By:Ryan Slott 14& Spring,TX 77388 Quote Name:New Playground 4ftSMANo.0. Phone: (281) 353-9599 Fax: (281) 353-2265 Page 1 of 4 BILL TO SHIP TO Port Arthur, City of 409-983-8152 Ms. Chandra Alpough, MA, CPRP Lakeview Park Playground Lakeview Park Playground PO Box 1089 5200 7th St Port Arthur, TX 77641 Port Arthur, TX 77642 Terms: Percentage Completed Draws QTY Code Description Size Weight Color Design: KPS-28373 Sheet: K.2 Date: 10.20.2022 DISCBB Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract#679-22 Play Equipment 1 PS3-70570 Playunit for ages 2 to 12 years old,by Superior Playgrounds 1 TFR16610XX Hurricane Spinner by Superior Playgrounds 1 90018204XX Two-Seat Retro Rocker by Superior Playgrounds 6.5'x1.5' Safety Surfacing Materials Wood Fiber,Timbers, Ramo,and Wear Mats 45 APS-BORDER12 12"x4' Playground Border with Spike by Action Play Systems 12" black 1 APS- ADA Full Ramp System with spikes for use with 8"or 12"borders by Action Play black ADAFULLRAMP Systems 1 APS-WEARMAT Circular Wear Mat,8'diameter x 2",comes in 4 pieces with removable plug in the 8' -8' middle,by Action Play Systems diameter 2 FABRIC Polyspun Soil Separator, 1800 SF. 6'x300' 40 97 EWF Engineered Wood Fiber for playgrounds cu.yd. Natural 1 APS-SWINGMAT Swing Wear Mat,3'x5'x2",by Action Play Systems 3'x5'x2" 2 APS- Swing/Slide Wear Mat,40"x40"x1.5",by Action Play Systems 40"x40" SWING/SLIDE x1.5" MAT Total: $87,932.80 Initials TML INTERGOVERNMENTAL RISK POOL WORKERS'COMPENSATION • PROPERTY • LIABILITY December 14, 2022 Trameka Williams City of Port Arthur PO Box 1089 Port Arthur, TX 77641-1089 RE: Fund Member : Port Arthur Date of Loss : September 29, 2022 TMLIRP Claim No : PR0000000179517 Dear Trameka Williams: A TMLIRP check will arrive separately in the amount of $48,045.00 ($53,045.00 less $5,000 deductible), as the initial Replacement Cost payment for the above-referenced claim.This amount reflects the scheduled value limit for ID 149, Playscape, on the reported dated of loss. The Fund shall not pay more than 150% of the value of each damaged structure reported as exceeding the scheduled value, the repairs or replacements should be made as soon as reasonably possible after the loss or within two years from the date of occurrence. Once the repairs are completed and the cost exceeds the scheduled value payment and deductible, the final receipts should be submitted directly to TMLIRP for review of any supplemental payments due. Should you have any questions or concerns, please feel free to contact me. Sincerely, Jennifer Bolger Claims Specialist Texas Municipal League Intergovernmental Risk Pool jennifer.bolger@tmlirp.org TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL P.O. Box 149194 • Austin,Texas 78714-9194 • www.tmlirp.org FUN BV�I „FQ� K rafts m a n QUOTE #Q75197 COMMERCIAL PLAYGROUNDS & Date:10/21/2022 KRAFTSMAN WATER PARKS Project:28373 19535 Haude Road 'gyp✓ `�' Spring,TX 77388 Created By:Ryan Slott PSMANot0. Phone: (281)353-9599 Fax: (281)353-2265 Quote Name:New Playground Page 2 of 4 Special Terms and Conditions Items not included: These items are not included: • Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out. • Concrete lead walks or adjoining observation concrete deck areas. • Excavation and Drainage of area for fall surfacing. Storm Water Pollution Controls for project site. • Temporary security fence during construction. • Site usage signage for use instructions, rules, safety, or emergency notifications as needed or required. • Shade systems or site amenities. `Removal of Playground and Borders are not included Buy Board: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Sales Tax Exempt: Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and invoicing for the project. Insurance Terms: Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for details and charges for naming additional insured parties or adding special coverage's if required. Credit Card terms: If paying by American Express, there is a 6% processing fee charge. If paying by Visa or Master Card, there is a 4% processing fee charge. Monthly Progress Billings All work completed and materials stored as of the last day of the month shall be billed on or before the 25th of said month. Payments to be received by the 15th of the following month. Shipping Charges Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. No Bonding Included: No performance, or payment bonds, and/or maintenance bonds are included. These are available upon request at additional cost for the bonds and processing. Delivery and Unloading: If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment resources are available for timely off-loading, safe handling, and secure storage of equipment upon receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck will potentially require material handling equipment, i.e. forklift, pallet jack(s), to properly remove equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will be received at Kraftsman's Warehouse and stored until needed on the project. Then transported to the site at the time of installation. Initials EVN et,„. Kraftsman ,��`` 1 ►P QUOTE #Q75197 COMMERCIAL PLAYGROUNDS & Date:1 0/2112 0 2 2 KRAFTSMAN WATER PARKS Project:28373 19535 Haude Road +4C� `�' Spring,TX 77388 Created By:Ryan Slott 14MANp0.4 Phone: (281) 353-9599 Fax: (281) 353-2265 Quote Name:New Playground Page 3 of 4 Locating for Underground Utilities: Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public Utilities, including Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked prior to installation. Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site. • Customer is to locate, mark, and provide information for all privately owned utilities that are not marked by the Public Utility providers, for all utility service lines below grade that are privately owned. These will include any and all of the following: electrical, water lines, gas lines, irrigation lines, sewer and storm lines, cable service lines, fiber optic or other IT lines, which are privately owned by the property owner. • Kraftsman is not responsible for any underground utilities which are not marked or located by the owner or public utilities stake out providers. Damages to underground utilities for electrical, water, irrigation, and other listed above will not be repaired by Kraftsman and will be the owner's expense and responsibility. Installation: Installation quoted includes: Receiving and unloading of equipment, excavation of required footings, assembly of structure, concrete for footings, and all equipment necessary for installation. Project Completion: Allow 2 to 4 weeks for preparation of plans, drawings, and submittals after acceptance of proposal provided that the following has been completed and approved by the customer: • Project product submittals reviewed, approved and returned. • Completed Color selection sheet (signed and dated) • Physical project address • All contact names and phone numbers • Exemption certificate Deposit per contract Allow adequate time for processing and procuring construction permits if required. Allow approximately 3 to 6 weeks for project completion upon equipment delivery from manufacturer, issuance of building permits if required, weather permitting. Lead Times: Lead Times are after approval of all Initial submittals/colors, and being once the order is placed with the manufacturer. Superior Playground- lead time for items to ship is 14 weeks for steel playgrounds Force Majeure: Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement (other than failure to make payment when due) by reason of any event beyond such Party's reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake, pandemic flu, or other natural forces, governmental orders or directives, war, civil unrest, acts of terrorism, accident, destruction or other casualty, any lack or failure of transportation facilities, any lack or failure of supply of raw materials, or any other event similar to those enumerated above. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s) to occur. Notice of a Party's failure or delay in performance due to force majeure must be given to the other Party within (20) days after its occurrence has become identified by the Party. All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor disturbance or dispute, or to act outside of compliance with governmental orders or directives.' Initials ,''" Kraftsman r:p� QUOTE #Q75197 COMMERCIAL PLAYGROUNDS& Date: 10/2112022 KRAFTSMAN WATER PARKS Project:28373 19535 Haude Road Spring Created By: Ryan Slott rP✓ 1/4„, `off , TX 77388 rsMANPLo•+' Phone: (281) 353-9599 Fax: (281)353-2265 Quote Name:New Playground Page 4 of 4 General Terms and Conditions Bill To: Ship To: Port Arthur, City of Terms: Percentage Completed Draws CONDITIONS OF SALE 1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the contract. 2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman.All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas,with venue in Harris County. 5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship.See catalogs or attached drawings for specific layouts,warranties,and specifications. 6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7. A service charge of 1.5%per month will be assessed on all past due amounts. 8. Payments to Kraftsman by credit card will incur a processing fee of 4%for Visa and MasterCard,and 6%for American Express 9. Installation services include all labor,equipment required to complete the job,and insurance coverage's as required by law. Extra installation charges will incur for abnormal sub surfaces,ie.rock,landfill,etc. Price quoted includes Kraftsman's standard insurance coverages of$2 million in General Liability&Completed operations,$1 million in Automobile Liability,$1 million per occurrence/$2 aggregate in Workman's Compensation. Any charges by Kraftsman's insurance carrier or agents for adding General Contractor or Owner as additional insured,waivers of subrogation,or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman,unless listed as individual line item in proposal. 10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities,and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11. Building permits required by local or state authorities&municipalities are not included and are the responsibility of the owner of the property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not included as a line item within this proposal. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty(30)days. Respectfully Submitted Date October 21, 2022 Acceptance of Proposal: Ryan Slott The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract. Authorized Signature PO#: Printed Name& Title Date of Acceptance Authorized Signature Printed Name& Title WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY&FITNESS EQUIPMENT Thank You! We Appreciate Your Business!