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Home My WebLink About159-99 RESOLUTION1 1 • RESOLUTION NO 1 59-99 A RESOLUTION APPROVING A CLAIM FOR SEWER DAMAGES AT 2082 NORTH HAILEY DRIVE, FAYETTEVILLE, ARKANSAS, IN THE MAXIMUM AMOUNT OF $27,184.69; AND APPROVAL OF A BUDGET ADJUSTMENT TO COVER THE COST. • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That the City Council hereby approves a claim for sewer damages at 2082 North Hailey Dnve, Fayetteville, Arkansas, in the maximum amount of $27,184.69. A copy of the claim is attached hereto marked Exhibit "A" and made a part hereof. Section 9 The City Council hereby approves a budget adjustment in the amount of $27,185 increasing Self Expense, Acct. 5400 4410 5311 01 by decreasing Use of Fund Balance, Acct. No. 5400 0940 4999 99. A copy of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this Z day of December , 1999. IMY o' it* APPROVED: By. Fr d Hanna, Mayor Heather Woodruff, City Cler "Pity of Fayetteville Claim Form EXH►6►1A INSTRUCTIONS: Complete this form, clearly stating the reason for the claim and the amount you are claiming. Attach the appropriate documentation, including receipts and/or three estimates, and retum to the Mayor's Office at: City Administration Budding 113 W. Mountain Street Fayetteville, Arkansas 72701 Questions may be directed to the Public Works Department at 575-8330. CLAIMANT INFORMATION: Name: Dv- + "De Mailing Address: 2,0 2 /V . City, State, ZIP. clutefteVl al e✓ 7a70/ Phone#: J7X-52./-3607 INCIDENT INFORMATION: Address of Occurrence: Social Sec. or Tax ID #: Date of Occurrence: /0- — q -473 lO-3/-9 21 city s Nature of Occurrence: Amount Being Claimed: Sewer 1 Water Pothole Other A3a. The and signed hereby files a claim against the City of Fayetteville for the following reason(s): Signature: Date: t-/6 Redeived by: Date: Referred to: Date: Bv: Apt Denied Date: /(-Z`7 - 11 Public Works Director / / • • "Pity of Fayetteville Claim Form INSTRUCTIONS: Complete this form, clearly stating the reason for the claim and the amount you are claiming. Attach the appropriate documentation, including receipts and/or three estimates, and retum to the Mayor's Office at: City Administration Building 113 W. Mountain Street Fayetteville, Arkansas 72701 Questions may be directed to the Public Works Department at 575-8330. CLAIMANT INFORMATION: 2 Name: pm, D F !- d-� v�. 8 A ow N Mailing Address: 20 gZ 1J HcA ile., l )Q City, State, ZIP: k,.y p �{ e, ,11 ,4 'R '7 270 1 Phone #: SCI 521 3 rU0 9 Social Sec. or Tax ID # -414 7 3 6S54 INCIDENT INFORMATION: Address of Occurrence Z o Z Z. %1 %0V214, , trey Mq, '‘ v e Date of Occurrence: /0 -4 -99 Nature of Occurrence:Sewer Water Pothole Other Amount Being Claimed: altoa L2 The undersigned hereby files a claim against the City of Fayetteville for the following reason(s): tits hen -he- was h -v h2-Gv7%`e1 Ir c c/ t 06-beie_r .Lice Gv ,au.) Litt . 4.cLe./ hiCekt Ate., altatAut iat• (.; reat.A) Signature: Redeived by: �i� � 717,6e(A7 Referred to. By: Date: /0.78-77 Date: /0-/t- %i Date: 10 - /r-97. Date: //-21-f1 Public Works Director vr..�"e,t Mc < 12 J / 85) • • • • • ITEMS DESTROYED AND BEING CLAIMED 10-18-99 2 Shower curtains, covers and loops for both showers 2 Shower rugs 2 Pair of Reeboks 1 Pair of Adidas 1 Swede sandals 1 Proctor Silex 17109 Iron 1 Ironing board - dorm size 1 Polo shirt 2 Large wicker baskets 55.00-75.00 each 1 Small wicker basket 1 Speedo goggles 1 Craft wreath 24 Cookbooks 5.00 each 1 Chair cushion 1 Sewing machine 1 Leather shoes 1 Websters collegiate hardback dictionary 1 Dictionary - paperback 1 Dell - Inspiron 3200 laptop computer 1 Laptop computer carrying case 1 Battery charger, battery pack, and mouse 1 Soccer knee pads 5 Rolls of adhesive shelving paper 2.00-3.00 each 7 Area rugs 25.00 each 1 Child's bicycle helmet 3 Games 1 Child's craft set 1 Insulated lunch box 5 Decorative storage boxes (Replace w/plastic) 3 Golf hats 1 Suitcase-roller,carry-on, w/handle 1 Recliner 150.00-300.00 1 Solid wooden night stand 1 Rand McNally road atlas 2 Shaklee Meal Shakes - New 1 Shaklee Energizing Soy Protein- New 1 Kleenex - 3 pack 2 Cork boards - small and large 1 Large painted picture 1 Card table • 1 Box of 12 gauge shotgun shells (25 per box) 1 Feather duster I Book - In His Grip $ 80.00 $ 36.00 $110.00 $ 70.00 $ 25.00 $ 20.00 $ 15.00 $ 27.00 $140.00 $ 19.00 $ 13.00 $ 25.00 $120.00 $ 15.00 $ 99.00 $ 40.00 $ 25.00 $ 5.00 $2500.00 $ 95.00 $100.00 $ 8.00 $ 15.00 $ 75.00 $ 20.00 $ 45.00 $ 20.00 $ 10.00 $ 18.00 $ 45.00 $ 49.00 $225.00 $ 75.00 $ 10.00 $ 30.00 $ 25.00 $ 2.50 $ 20.00 $ 25.00 $ 25.00 $ 18.00 $ 7.00 $ 7.99 • • • ITEMS DESTROYED AND BEING CLAIMED 1 Magazine/book rack 1 Print — A Mother's Love — by Ron DiCianni — Signed and #2752 1 Bathroom weight scale 2 Solid wood 4x4 book shelves Contaminated Food — listed, approximate value 1 Head of lettuce, broccoli, celery, romaine 1 Half gallon of milk 1 Box of saltine crackers 1 Loaf of bread, hot dog buns, hamburger buns 2 Bags of chips — opened 3 Boxes of cereal — opened 2 Bags of cheese 1 Dozen eggs 1 Pound of deli meats (ham & turkey) 3 Pastas Total Other Expenditures Meals during stay in Clarion Hotel Other receipts 2 1/2 day of vacation time TOTAL OF ITEMS LISTEDABOVE • PAGE 2 $ 25.00 $ 85.00 $ 35.00 $200.00 $ 20.00 $367.68 $179.98 88 6718,60 11 (96.?-� $5,70_9.03 57$5145. ITEMS CLAIMING BUT WORK IS NOT DONE- COST UNKNOWN Kick plates on all cabinets 6 Kitchen 5 Master bath 4 Guest bath Also the cabinets will need to be repainted. Doors swelled — replaced or repaired Guest, master bath closet and entry, pantry, 1/2 bath and possibly more Wall painter, Carpet and pad installed to include stairs, linoleum in small bath replaced - we will pay the difference for tile. 1/2 bath toilet doesn't work • Addendum to 10-18-99 Nov. 16, 1999 City of Fayetteville Claim Form David E. and Dove Brown 2082 N. Hailey Dr. Fayetteville, AR. 72701 501-521-3609 Total submitted as of 10-18-99 $5,885.75 Changes: Differences: Contaminated food: $20.00 to $35.00 $ 15.00 Meals: $ 367.68 to $405.19 $ 37.51 Other receipts: $179.98 to $195.89 $ 15.91 Meals estimated no receipts 8 @ $5.00 (2people) $ 40.00 Total $ 108.42 Additions: Home inspection Justus Cabinets I desk 1 end table 3 picture frames @ 12.00 each 5 dish towels ruined in cleanup @ 2.00 each 2 pair underwear 1 polo shirt 25 Sermon tapes ® 3.00 each 2 small wicker trash can @ 7.00 each Others: $ 65.00 $ 465.00 $ 180.00 $ 50.00 $ 36.00 $ 10.00 $ 7.00 $ 25.00 $ 75.00 $ 14.00 Total $ 927.00 We were out of the house for 28 days and feel it is only fair that the cost of utilities should be considered as part of this claim. Any usage would be the result of the restoration. Water — (Enclosed is a copy of a 28 day bill) $ 50.14 Electric — (Enclosed is a bill) $ 59.23 Total $ 109.37 Changes, Additions and Others Expenditures $1,144.79 Compensation for 28 days hardship of family due to incident $3,000.00 Complete Total Being Claimed $10,030.54 Raymond Hodges Enterprises, Inc. 803 Henryelut St, PO Box 6162 Springctate, Alt 72766-6162 BILL TO City of Fayetteville—Water Dept Invoice DATE INVOICE # 10/28/1999 164 .rage P:O. NO: TERMS PROJECT - 99-3531- Due on receipt , QUANTITY • DESCRIPTION- RATE. AMOUNT Restoration (David and Dove Brower)- 0.00 0.00T Initial Service Call ' - 80.00 80.00T 2018 Water Extraction 381.90T 419 r,557 Pal DantagedCatpetand Pad - - 021. 316.97T 7 Move Futnittmc per Room 30.00 210.00T 6;030- Apply Antimicrobial 0.3-7 2,211.1OT 30 Air Mover Rental per Unit per Day 2250 675.00T 15 Dehumidifier - Dri Eaz 110 per Unit per Day 45.00 675.00T 5 Remove and Replace Appliances 25:00 125.00T 2,010 Service Call (Scrub Floors) 035 703.50T 3 Clean Tiolets 750 24.50T 1 Clean Whirlpool" 25.00 25.00T 2 Clean Shower and Baths - 15.00 30.00T 15 Clean Doors 2.50 37.50T 683:7 Clean Baseboards 0.15 1O2.56T 683.7 Apply KiIz -Stain Blocker on Trim 0.45 307.67T 683.7 Paint Trim 0.65 444.41T 7 Move Furniture per Room 30.00 210,OOT 5,918.57 Painting of Walls 0.35 2,071,50T Misc. Items (Disassemble, Clean, Assemble Treadmill) .150.00 150.00T 15 Remove and Replace Doors • 4.50 67.50T Misc: Items (Drop-off, Pick-up Damage Clothing from l.aimdry) 175.00 175.00T 184 Purchase and Install Carpet 15.73 2,894.32T Misc. Items (Caulking of Trim) 127.50 127.50T 31 Clean Furniture 10.00 310.00T Reoderization 168.37 168.37T 9 Misc. Items (Remove and Replace Kiri boards) 730 6730T Apply Antimicrobial (Drill Holes in Cabinet, Apply Antimicrobial Under Cabinet) 156.00 156.00T Remove and Replace Toilet 47:50 47.50T 3 Misc. Items (Disassemble, and Assemble Beds) 25:00 75.00T Post Restoration Clean 212:00 212.00T Floor Repair (Floor Repair in Bathroom) 150.00 150.00T Mark-up for Overhead and Profit . 2,828.00 2,828.00T Total .rage • Raymond Hodges Enterprises, Inc. 803 Hemyetta St: PO Box -6162 Springdale; AR 72766-6162 BILL TO City of Fayetteville--Water.Dept • invoice .DATE. INVOICE # 10/28/1999 164. Page 2 P O NO TERMS PROJECT 99-3531 Due on receipt QUANTITY DESCRIPTION RATE .AMOUNT AR Sales Tax 6.62595 1,065.85 Tout $17,154.15 Page 2 • City of Fayetteville, Arkansas EXHIBIT' •Budget Adjustment Form Budget Year 1999 Department: Public Works Division: Water & Sewer Maintenance Program: Sewer Maintenance Date Requested 11/29/99 Adjustment # Project or Item Requested: Additional funding is requested for self insurance in the Sewer Maintenance Program. Project or Item Deleted: Use of fund balance is proposed for this adjustment. Justification of this Increase: The additional funding is needed to pay for sewer overflow claims. Justification of this Decrease: Sufficient cash and investments exist within the fund to fund this request and comply with City policy. Increase Expense (Decrease Revenue) Account Name Amount Account Number Project Number 5400 4410 5311 01 Self Insurance 27,185 Account Name Use of Fund Balance Decrease Expense (Increase Revenue) Amount Account Number Project Number 27,185 5400 0940 4999 99 Approval Signatures Date Budget Office Use Only Type: A B C Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log E Blue Copy: Budget & Research / Yellow Copy: Requester D:\DATA\99BUDGEfBUDGTADJ'SEWER_CLWK4 • AGENDA REQUEST FORM Council Meeting of December 7, 1999 FROM Don Bunn Public Works Admin Name Division • Mayor's Approval Public Works Department ACTION REQUIRED Approval of the claim for sewer damages at 2082 North Hailey Drive in the amount of $27,184.69. Approval of a budget adjustment funding claim is also requested. COST TO CITY $ 27,185.00 $ 484,095 Cost of this Request Category/Project Budget 5400 4410 5311 00 $ 468,268 Account Number Funds Used to Date Project Number B GET/CONTRACT REVIEW B dg t Coordinator Purchasing Officer $ 15,827 Funds Remaining X Budgeted Item Date /ia94,9 Date 2/1411, Date 11-a9-99 Date Services and Charges Category/Project Name Sewer Maintenance Program Name Water and Sewer Fund Category X Budget Adj. Attached Admin Services Director Date ADA Coordinato STAFF RECOMMENDATION It is the recommendation of the Staff that the claim for sewer damages at 2082 North Hailey Drive be approved. /f2t-97 Date 4/-04 -(9 Date Date Cross Reference New Item: Yes No Prev Ord/Res # Orig. Orig. Contract # Contract Date BUFF REEIHi FORS Description hfvd -n a��rf —agger Jr Commits: Budget Coordinator Reference Cements: • Page 2 Meeting Date /) -7 49 Accounting Manager //Mtn./ 742,04 to Cha zd, 76 ,CGL�t7YLA1-z �- g�C41fnL��u'iQCU/s City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVALE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fayetteville City Council From: Don Bunn, Assistant Public Works Director Thru: Charles Venable, Public Works Director Mayor Fred Hanna Subject: Claim for Damages 2082 North Hailey Drive Fayetteville, Arkansas November 29, 1999 Attached for your review and approval is a claim for sewer damages at 2082 North Hailey Drive in Fayetteville. Also attached is a memorandum from Water and Sewer Division outlining the circumstances which led to the sewer overflow. A budget adjustment is attached to cover the cost of this claim. The claim, as submitted by the owner, is for $27,184.69. We are still evaluating a portion of the claim, therefore, we are requesting approval of a $27,184.69 as a maximum amount. Depending on our negotiation with the owner, the actual amount may be somewhat lower than that although we would still expect the total to be in excess of $22,000. The claim involves a situation where a combination of raw sewage and mud and other debris backed up into a new residence and flooded the entire ground floor. The circumstances necessitated the family moving out of the house while the clean-up was being done. The total time needed for the clean-up and other repairs was 3 weeks. The family spent at least part of that time living in a motel. The sum of $27,184.69 is a maximum amount for the claim. Some of that total has not been verified and agreed to, however, the Staff will be recommending approval of at least an amount in excess of $20,000.00. We are seeking approval of this claim as quickly as possible because of the large amount of the claim and because the cleaning service which performed the majority of the work (valued at $17,154.15) is experiencing financial difficulties because of the time and resources they put into the clean-up effort. They have not been paid to date. It is the recommendation of the Staff that the Council approve a maximum of $27,184.69 for sewer damages at 2082 Hailey Drive and a budget adjustment. THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • RECEIVFT NOV 24 1999 CITY OF FAYETTE\' MAYOR'S OFFICE To: Don Bunn, Assistant Public Works Director From: Paul Mitchell, Water and Sewer Date: November 24, 1999 Subject: Citizen Claim - 2082 Hailey Dr. (David Brown) This claim is an unusual one. There were several contributing factors that led to this back up. A contractor working in the Barrington Park Subdivision broke a sewer pump line just to the southeast of Hailey Drive. When we repair breaks of this type we must contain the large quantity of sewer and pump it back into the sewer system. We pumped this sewer into an adjacent gravity sewer line that services the houses on Hailey Drive, which under normal circumstances should not have caused a problem. While working on the sewer pump line, we received a sewer call from Jake Johnson at 2066 Hailey Drive. The crew responding to the call found the sewer backing up into the house at 2082 Hailey Drive. They removed the cleanout cap to keep any more sewer from getting into the house and then proceeded to investigate the problem. They found that most of the manholes were covered up, and found that the downstream manhole across the street had an eight inch plastic plug in the manhole that was partially blocking the invert which caused the sewer to backup into the residence This plug is not something that the City would use in our system. The plug was in new condition and appeared to have been left in the manhole by the contractor or developer of the subdivision. This was one of the worst sewer back ups that we have experienced. Due to the circumstances a great deal of the sewer we pumped into the line came up into the house along with mud and silt from the break This caused extensive damage to the entire bottom floor of the house. Due to the extent of the damage all of the carpet and padding had to be removed This was a very difficult cleaning job. A great deal of extra work had to be done that is not usually associated with a normal sewer back up. The initial call on Hailey Drive occurred on October 4, 1999. The total process of getting everything cleaned up, restoring the house to its original state, and getting the Brown family back into their home took approximately three weeks time This was a new house in a new subdivision that the Brown family had purchased six months ago. • • • While attempting to finalize the claim, Mrs. Brown delivered a revised claim for additional items. This brought the current total of the claim to $ 27,184.69. This is the maximum possible amount of the claim. There are a few items that the City is not likely to pay for, and there are several questionable items that are being looked at in further detail that could reduce the claim even further. There has been no specific agreement to pay for anything other than the cleaning and motel stay. The only other claim of this magnitude that we have experienced was at 506 Adams. The circumstances are different but the result was the same. The biggest difference is that Mrs. Ryan on Adams had insurance that would cover this type of claim. We covered her deductibles and paid out of pocket expenses The Brown family did not have insurance that would cover this type of claim. A copy of their policy and a letter of denial was reviewed by LaGayle McCarty, Assistant City Attorney. I have attached all receipts that have been submitted. This covers all aspects of the claim. We will continue to review the items being claimed to reduce it as much as possible. FAYETTEVI LLE THE CITY OF FAYETTEVIILE, ARKANSAS DEPARTMENTAL CORRESPONDENCE A.11 SEWER DAMAGES CLAIM TEs 15ff-�5 To: Fayetteville City Council From: Don Bunn, Assistant Public Works Director Subject: Agenda Item Claim for Damages 2082 North Hailey Drive Fayetteville, Arkansas November 24, 1999 A claim for sewer damages at the above referenced address will be submitted to the Council for consideration at the November 30 Council Agenda. The claim will be for a maximum of $27,184.69. A budget adjustment will also be required to cover this cost. The claim involves a situation where a combination of raw sewage and mud and other debris backed up into a new residence and flooded the entire ground floor. The circumstances necessitated the family moving out of the house while the clean-up was being done. The total time needed for the clean-up and other repairs was 3 weeks. The family spent at least part of that time living in a motel. The sum of $27,184.69 is a maximum amount for the claim. Some of that total has not been verified and agreed to, however, the Staff will be recommending approval of at least an amount in excess of $20,000.00. We expect to have all documentation available for the Council at the Agenda Meeting on Tuesday, November 30 as well as our final recommendation on the amount of the claim. We are seeking approval of this claim as quickly as possible because of the large amount of the claim and because the cleaning service which performed the majority of the work (valued at $17,154.15) is experiencing financial difficulties because of the time and resources they put into the clean-up effort. They have not been paid to date. • FAYETTEVfLLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Don Bunn, Assistant Public Works Director From: Heather Woodruff, City Clerk Date: December 13, 1999 Attached is a copy of the resolution approving the claim for sewer damages. The original will be microfilmed and filed with the City Clerk. cc. Yolanda Fields, Internal Auditor Steve Davis, Budget and Research David Jurgens, Water and Sewer