HomeMy WebLinkAbout174-00 RESOLUTION•
RESOLUTION NO. 174_00
I ICROFILMED
A RESOLUTION APPROVING A SETTLEMENT OF THE
SEWER BACK-UP CLAIM AT 3260 KINGS CROSS IN THE
MAXIMUM AMOUNT OF $24,124.89 AND APPROVAL OF A
BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS*
Section 1. That the City Council hereby approves a settlement of the sewer back-up
claim at 3260 Kings Cross in the maximum amount of $24,124.89. A copy of the claim is attached
hereto marked Exhibit "A" and made a part hereof.
Section 2. The City Council hereby approves a budget adjustment in the amount of
$24,125 increasing Sewer Self Insur, Acct. No. 5400 4410 5311 00 by decreasing Sewer Const.
Mat'ls, Acct. No. 5400 4410 5216 00. A copy of the budget adjustment is attached marked Exhibit
"B" and made a part hereof.
PASSED AND APPROVED this 19th day of December , 2000.
ATTEArattd /c
By:
Heather Woodruff, City Clerk
APPROVEDinnir
/ Ali
By: x
Fred Hanna, Mayor
NAME OF FILE: Resolution No.174-00
•
CROSS REFERENCE:
12/19/00
Resolution No. 174-00
12/12/00
Exhibit "A"(Copy of the Claim)
12/12/00
Exhibit "B" (Copy of the Budget Adjustment)
12/19/00
Staff Review Form
NOTES:
FAYETTEdILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Mayor Hanna and the Fayetteville City Council
Thru: Don Bunn, Assistant Publicrksirector
From: David Jurgens, Water/Sewer
Date: December 13, 2000
•
EXHIBIT A
cat
Subject: Citizen Claim- 3260 Kings Cro ' (Aimee and Johnny Buffer) Follow-up Memo
This memo addresses some of the questions which arose in the City Council agenda session on
December 12.
Negotiations. The negotiations for the final amount will not be like most negotiations, so having a
cap does not automatically mean the amount will be that cap. The claimants must prove that each
item considered unsalvageable was touched by the sewer water and could not be cleaned They must
also prove that each item they had cleaned was touched by sewer water. Otherwise, the City should
not pay for the cleaning or replacement. The residents were told these rules repeatedly both the day
of the incident and in the weeks following. The City will pay for nothing that the residents discarded
that we did not see. Neither will we pay for the unnecessary cleaning (in our opinion, not theirs) of
other items. Thus, the cap gives us the ability to negotiate, and a maxunum, but in no way should it
imply that the settlement amount will indeed be that maximum. The council resolution should be
written such that we do not have to pay any given amount, and that we have the fallback position of
tort immunity wkuch leaves us with absolutely no financial responsibility for any of the claim.
Maximum Reimbursement Amount. I arrived at the maximum amount by adding the three figures
shown below:
m
Complete Restoration Invoice (part 1) $ 11,445.17 X
Complete Restoration Estunate (part 2) 3,37L72
Validated provert-v damage 9308.00
$ 24,124.89 �..
DJ\1CLAIMS\King3260-2. W PD
RECEIVED
DEC 1 4 2000
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
•
FAYETTEIPILLE
THE CITY OF FAYEITEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Mayor Hanna and the Fayetteville City Council
Thru: Don Bunn, Assistant Public ksf I irector
From: David Jurgens, Water/Sewer
Date: December 13, 2000
Subject: Citizen Claim- 3260 Kings Cro (Aimee and Johnny Buffer) Follow-up Memo
This memo addresses some of the questions which arose in the City Council agenda session on
December 12.
Negotiations. The negotiations for the final amount will not be like most negotiations, so having a
cap does not automatically mean the amount will be that cap. The claimants must prove that each
item considered unsalvageable was touched by the sewer water and could not be cleaned. They must
also prove that each item they had cleaned was touched by sewer water. Otherwise, the City should
not pay for the cleaning or replacement The residents were told these rules repeatedly both the day
of the incident and in the weeks following. The City will pay for nothing that the residents discarded
that we did not see Neither will we pay for the unnecessary cleaning (in our opinion, not theirs) of
other items. Thus, the cap gives us the ability to negotiate, and a maxunum, but in no way should it
imply that the settlement amount will indeed be that maximum. The council resolution should be
written such that we do not have to pay any given amount, and that we have the fallback position of
tort immunity which leaves us with absolutely no financial responsibility for any of the claim.
Maximum Reimbursement Amount. I amved at the maximum amount by adding the three figures
shown below:
Complete Restoration Invoice (part 1)
Complete Restoration Estimate (part 2)
Validated property damage
Dl\\CLAQASting3260-2. WPD
$ 11,445.17
3,371.72
9,308.00
$ 24,124.89
•
•
FAYETTEdILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
• EXHIBIT A
To: Don Bunn, Assistant Public ks 1 'rector
From: David Jurgens, Water/Sewer
Date: December 12, 2000
Subject: Citizen Claim- 3260 Kings Cross (Aimee and Johnny Buffer)
General The claim for reimbursement of damages is partially valid. There was a sewer backup into
Aimee and Johnny Buffer's home (which they were leasing) which they discovered on 4 July 2000.
They and their two or three young sons had been on vacation; the sewer water may have backed up
for up to four days. The water reached a maximum depth of 2". You could see some lines on
baseboards, but the depth never exceeded the height of a baseboard. The baseboards in the
photographs attached to the claim do not show a water mark above the carpet, although there were
some locations where there was a water mark. The water covered roughly 75% of the floor in the
home. All carpeting and pads were wet due to wicking action. Most clothing items on the floor were
damp, and some were soaked m the sewer water. Hard items on the floor (bowling balls, plungers,
etc.) would be easy to clean. Items not in contact with the water would not have been damaged.
Sewer Blockage. The blockage was in the 6" clay sewer maim, caused by two places where the pipe
was misaligned. We had washed the main less than three weeks before, and had no reason to expect
that a backup might occur. We televised the main the next day, and repaired the bad spots the next
week.
Claim Amount. The Buffer's reaction to this backup is unique in my experience. They seem to
beheve that almost everything within the home was contaminated. This behef is reflected in the claim,
as it includes $43,154.00 of personal property they claim was not salvageable. They also claim
$11,445.17 from Complete Restoration, Inc., for restoration costs for the remaining salvageable
items. This does not include any costs of cleaning the home or replacing carpets, flooring, etc. Most
of the items m the claim were never touched by the water. Their claim total is $54,599.17. There is
an additional portion of the Complete Restoration estimate for $$3,371 72 which appears to have
been left out of the claimed amount. The Buffers elected to move out of the home. They also stated R{
to me that the City should pay for their movers and all moving expenses. As a note, their claim
includes a total of $8,045 for shoes alone. Fifty-eight pair of these shoes were for their children, with
a stated value of $1,640.00.
City Obligations. This claim is, m my opinion, unreasonable. The City has no legal obligation to ID
pay anything, but has always tried to follow the "do nght" rule m being fair to the residents. This —+
clams, however, far exceeds anything we have ever seen before, although the backup was by no means
the most severe we had ever se. For a historical perspective, the highclaim to date was for
$21,871.39 in 1999, and that mcluded both personal property, cleanup, and temporary lodging for
the residents for two weeks. The personal property amount was only $4,717.24, and included a
laptop computer. The balance was for cleaning and carpet and home repairs.
City Policy. Our policy has been to pay depreciated costs for items which we deem unsalvageable
(such as clothing immersed in the sewer). We also pay a smaller amount for damage to items which
can still be used (fiuniture with some warping at the bottom). We do not pay for choice items
(moving, cleaning of items which were not touched by the sewer water, food in the refrigerator, etc.).
By ordinance, we will pay no more than $2,500 total for any sewer backup.
Itemized Reimbursement. I did not use the Buffer's itemized list of items, as Water/Sewer
employees removed those items that were wet and which we deemed to be valid for the claim. We
do not have substantiation for the other items on the list, and feel they are unreasonable.
They are listed below:
Item
Shirts (t -shirts to dress shirts)
Coats
Skirts/Shorts
Pants
Shoes (pair)
Underwear
King Sized Box Springs
Coveralls
Misc Items *
Total
Ouantity
172
24
23
56
26
10
1
1
N/A
Average
Cost
$ 20.00
25.00
20 00
30.00
40 00
10 00
400.00
40.00
N/A
Extended
Cost
$ 3,440.00
600.00
460.00
1,680.00
1,040.00
100.00
400.00
40.00
1,548.00
$9,308 00
* Miscellaneous items include pillows, sheets, table cloths, a throw rug, a Pokeman
Gameboy, a glue gun, a dust rag, a comforter with sham, rolls of toilet paper, a beach towel, and
other, similar items.
** This includes associated expenses that were not itemized in the claim
Additionally, I concur that some, but not all, items which were removed for disinfection needed the
same The estimate for that work was $11,445.17. Most of this work has already been completed
by Complete Restoration, Inc. There is an additional portion of the Complete Restoration estimate
for $$3,371.72 which appears to have been left out ofthe claimed amount. I believe this latter portion
is an estimate, and the $11,445.17 is for completed work.
This claim has been very difficult to process, due to the lack of detailed information (they did not
include itemized prices and/or unit quantities, etc. for many oftheir claimed items) and the intermixing
of actual and supposed damage.
The home is owned by Cheryl and Gene Long as a rental unit. They had insurance which covered
the sewer backup, but certainly had to pay a deductible. We have not received any claim from them
at this time. Thus, there may be another valid submission on this claim
Final Resolution. The Buffer/live not been very open to negotiation. Illy y did not fill out a claim
form, include unit pnces and item quantities in their claim, and sent the claim through an attorney
rather than to us. Thus, I feel that the final claim will be based on attorney to attorney negotiations
rather than via me dealing with the owners This represents the first claim in seven years that I have
not been able to successfully negotiate myself. Rather than be guided by the initial claim amount, we
should do what is fair and consistent with other claimants.
Recommendation. To expedite handling this claim, I recommend we have the City Council pass a
resolution approving handling this claim in the maximum amount of $24,124.89, and approve a
budget adjustment to transfer funds from the sewer construction matenals account (5400-4410-
5216.00) to the sewer self insurance account (5400-4410-5311.00). I further recommend that the City
Attorney's office schedule a meeting with the Buffer's attorney after the City Council passes their
resolution, to determine the final amount of the claim.
DJ\ICLAIMS\ICmg3260. WPD
NORTHWEST ARKANSAS
TORN R. ELROD'
GREG S. SCHARLAU'
RUTH ANN WISENER'
TERRI DILL CHADICK'
VICKI BRONSON'
CHARLES E SCHARL AU.
OF COUNSEL
D. RANDY LANEY.
OF COUNSEL'
TULSA
JOHN E BARRY
HENRY G. WILL
JOSEPH J. MCCAIN. IR.
LYNNWOOD 0. MOORE IR.
ROBERT A. CURRY
STEVEN W. MCGRATH
D. RICHARD FUNK
RANDOIPH L. JONES. IR.
J. RONALD PETRIKIN
LARRY B. LIPS'
• •
CONNER & WINTERS, P.L.L.C.
JAMES E. GREEN. JR.
MARTIN 0. WING
JOHN W. INGRAHAM
ANDREW R. TURNER
DOUGLAS M. RATHER'
GENERA ABBEY SOREM
R. KEVIN REDWINE
TONY W. HAYNIE
BRUCE W. FREEMAN
DAVID 0. CORDELL
JOHN N. HOVE
C. RAYMOND PATTON 1R
PAUL E. BRADEN
ROBERT I. MELOAARD
P. SCOTT HATHAWAY
JOHN A. BUGG
LAWRENCE A. HALL
TIMOTHY T. TRUMP
MARK E DREYER
NANCY E. VAUGHN
GREGORY D. RENBERG
MARK D. BERMAN
KATHERINE G. COYLE
VLA HAND DELIVERY
Jerry Rose, Esq.
Fayetteville City Attorney
City Administration Building
Fayetteville, AR 72701
Dear Jerry:
AFFILIATED WITH CONNER & WINTERS
A PROFESSIONAL CORPORATION IN OKLAHOMA
LAWYERS
SUITE 200
100 WEST CENTER STREET
FAYET7EVI LLE. ARKANSAS 727014081
(501) 582-5711
FAX (501) 587-1426
WRITER'S E-MAIL ADDRESS
Ichedick@cwlew.mm
October 11, 2000
Re: Buffer sewer matter
ANNE B. SUOLEI T
REBECCA S. WOODWARD
BEVERLY K. SMITH
MELODIE FREEMAN-BURNEY
JACALYN W. PETER
ROBERT D. JAMES'
DAVID H. REMOLD
ELIZABETH K. GIDDENS
JONATHAN M. CTNOCCA
JASON S. TAYLOR
JACQUELINE L. BLOCKER
OF COUNSEL
CHARLES C. KILLIN
JAMES R. RYAN
RUSSELL H. HARBAUGH IR.
DAVID 0. CORDED.
OF COUNSEL EMERITUS
ROBERT L. MCGOWEN
JOHN S. ATHENS
OKLAHOMA CITY
PETER B. BRADFORD
RAYMOND E. TOMPKINS
IRWIN H. STEINHORN
JOHN W. FUNK
KIRAN A. PHANSALKAR
TIMOTHY J. BOI.WOFF
MITCHELL D BLACKBURN
P. BLAKE ALLEN
MARX H. BENNETT
L. DON SMITHFAMAN
LAURA L. McCASLAND
CECILY H. MURRAY
KIMBERLY 0. MARCHANT
BENJAMIN C. CONNER
De79-1961)
JOHN M. WINTERS. IR.
(1901.19]9)
• Admitted in AAueu
OCT cip
C/Iy477 137000
OFp/CF
As we recently discussed, I represent Aimee and Johnny Buffer and their three children. The
Buffers were lessors of a house located at 3260 Kings Cross in Fayetteville. The owners of the
property are Cheryl Gorton Long and Gene Long In July of this year, the sewer backed up into that
house and destroyed most all of the Buffer family's personal possessions. I have attached pictures
showing the damage.
I spoke with Paul Mitchell, Public Work Operations Assistant for the City and he opined that
the problem was caused by the City's line, not the homeowner's line. Please have the Water and
Sewer Department look into this matter and let me know as soon as possible if the City is willing
to compensate the Buffers for their losses.
The personal items believed to be salvageable were taken to Complete Restoration, Inc. That
company has estimated that it will cost $11,445.17 to restore those items. I have attached a copy of
Complete Restoration's written estimate. In addition, much of the Buffers' possessions were not
salvageable I have attached a list of those items with an estimated total cost of $43,154.00.
October 5, 2000
Page 2
The Buffers are hereby making a claim for compensation ofthe $54,599.17 in losses incurred
by the Buffer family. Please let me know the City's position on this matter as soon as possible. If
you need anything further, please let me know.
Also, as we discussed please request that this matter be placed on the City Council's agenda
as soon as possible after the City has had time to investigate the matter. It would be great if this
could be on the October 17, 2000 agenda, but the November 7, 2000 agenda may be more realistic.
My clients would be available for either meeting.
I look forward to working with you.
Sincerely,
4erriI
Dill Chadick
Enclosures
•
•
BUFFER ITEMS THAT WERE NOT SALVAGEABLE
G:\Tcha\Butre+, Aimee\chaf.wpd
ITEM
COST
Armoir
$500.00
King Size Bed
$1,200.00
Linens
$1,000.00
Fish Tank with Fish
$300.00
Computer Desk
$200.00
Lazy Boy Recliner
$375.00
Glassware
$100.00
Dinnerware
$85.00
Pyrex Pots and Paris
$200.00
Mixing Bowls and Mixer
$75.00
Coffee Pot
$30.00
Two Week Supply of Food
$300.00
Other Pantry Items, Including Spices
$120.00
Toaster
$15.00
Towels
$300.00
Plants
$200.00
Pottery Inc. Flowers
$125.00
Custom Designed Urn with Arrangement
$300.00
Silverware
$125.00
Prescription Medication and Other Medication
$1,000.00
Iron
$15.00
Tablecloths (at $40.00 each)
$80.00
Candles/Candle Holders (at $16.00 each)
$320.00
Portable Stereo System
$100.00
Bowling Ball
$20.00
G:\Tcha\Butre+, Aimee\chaf.wpd
•
•
G:\Tche\Buffer, Aimeekhen.wpd
-2-
ITEM
COST
Duffle Bags (at $20 each)
$60.00
Boys Clothes:
Jeans (at $50 each)
$200.00
Dress Pants (at $20 each)
$300.00
Shirts (range in prices)
$450.00
Sweaters (at $30 each)
$1,200.00
Shorts (at $17 each)
$425.00
Hats (at $30 each)
$90.00
Shoes (at $60 each)
$840.00
Shoes (at $18 each)
$800.00
Underwear/Socks ($25/child)
$75.00
Mens Clothes:
Shirts
$2,800.00
Slacks (at $36 each)
$432.00
Sports Coats (at $200 each)
$1,200.00
Suits (at $300 each)
$1,800.00
Socks
$100.00
Boxers (at $10 each)
$300.00
Jeans (at $36 each)
$216.00
Shoes
$3,000.00
Shorts
$500.00
Womens Clothes:
Sweaters/sweatshirts
$1,200.00
Scarves
$126.00
Bathing Suits
$195.00
Lingerie
$600.00
Leather Jackets (at $450 each)
$900.00
Coats
$200.00
Nursing shoes
$65.00
Scrub Tops/Lab Coats (at $20 each)
$520.00
Scrub Pants (at $16 each)
$160.00
G:\Tche\Buffer, Aimeekhen.wpd
-2-
•
•
ITEM
COST
Slacks
$2,500.00
Suits (at $300 each)
$7,500.00
Dresses (at $45 each)
$315.00
Summer suits/shorts outfits (at $90 each)
$4,500.00
Shoes
$2,500.00
TOTAL
$43,154.00
G:\Tcha\Buffer, Aimee \chart.wpd
-3-
Campine Restoration Inc.
3919 l:lm Springs Road •
P.O. Box i62 •
Springdale. AR72764
300-2424414 or501-766-5383
Fax(501)751-6401 ' Tax. TD 71-0710369
Room: Paek & move contents
DESCRIPTION
BUF0704000N
QN'TY TJlirr COST TOTAL
Provide box for fragile items bubble wrap. tape & labels 90.00 E rie 4.90= 441.00
Suptavisory dnd administrative labor - par hour 12.00 HRaf 39.64= 475.03
Labor forpacic-ant - per hour - 24.00 HR@ -7911= 703.44
Labor to load contents - per hour 24.00 RR`u,• 52.76= 786.24
Large rnovin van & equipment - per day 1.50 DAa 187.64= 281.46
Room: Persanai Property
DESCRTPT110N
QNTY UtfiT COST TOTAL
I
Clean box co; tents• 1.5 cubic ft.- Unoaci:, clean. re -pack
✓Clean box contents -3.2 cubic t- Unpack, clean. re -pack
;/Clean box contents - 6.1 cubic ft. - Unpack. clean. repack
;/Clean toy chst - Razorback
/Clean hutch. Diningroom
1/C1ean buffet T large
kc lean.
washed- interior and exterior
' i Clean dryer -• interior and exterior
1/Clean table - dining
"ratan chair - Pining
Clean blue plastic locker
;Clean televison• Sonyo portable
Clean televisbn - Magnavox
1 Clean televispn - Orion
Clean microtjave - exterior • Sharp
Clean refrigeljaor - inmrior and exteriors
Clean & dem&L rug - braided and looked - of site
Cleat & deodorize mattress or box spring - full
Clear & deciorize mattress or box spring - twin
/Clean bed frame complete
vClean headb1ard - double bed
BUF0704000N
55.00 EAR.
6.00EAa
21.00 EM.51
1.00 EA@
1.00 EAt&
1.00 EA1
1.00 EA@
1.00 E.)1@
1.00 EA@
6.00 Eke)
1.00 EA!m.
1.00 E4@
1.00 SAO.
1.00 E4fd1
IRO EArru.
1.00 EA(ds
35.00 SF@
2.00 EAfi4
2.00 EA@
2.00 Ear
1.00 EA@.
23.49=
32.48=
45.97-
4.66=
11.18-
20.69=
42,34=
39.72=
13.79=
10.3:.=
11.99=
5,73=
5.73=
5.73=
4.59
22.98--
1.00=
34.48=
'"G 11=
7.63=
9.20=
1,351.85
194.83
965.37
4.56
11.18
20.69
42.54
39.72
13.79
61.92
11.99
5.73
5.73
5.73
4.59
22.98
5.00
68.96
t0 54
15.30
920
07/20/2000 Page: 2
Complete Restoration Inc.
3919 Elm Sprins Roaa
P O. Box 162
arinudate. AR 72764 1
300-242-4414 ar 501-766-5383
Fa(50!) 751-6401 • 1Iax 1D 71-0710369
•
DESCRIPTION
CONTINUED - Personal Property
QNTY
U`?T T COST.
TOTAL
Clean headboard - twin size
Clean table - Itaasional - Make-up table
Clean entena'nmenr unit
Clean chest of drawers
Clean dressed
Clean & deodorize chair - large - W ingback
Clean & deodorize sofa
Clean & deodorize office chair
Clean stainless steel towel rack
Clean plant- ilarge
Clean file ca}linet - two drawer - Includes paper work
Clean shelf - 1oat shelf
Clean night stand
Clean black S decker floor duster
Clean diver clash cart
Process dry cleaning
NOTE: THE FOLLOWING IS AN ESTIMATE FOR DRYCLE A NTNG
Electronic cleaning & restoration - per 4tur
NOTE: ANYISERVICE REPAIR WILL' SE EXTRA.
Pieatres - retar & re -back
1.00 EA(&1
L00 EA@
6.00 LFtrk
!.00 EA(2I
1.00 E C
1.00 EA@
6.00 EMI
1.00 E. -t z
1.00 EA(..
LOO EA671.
1.00 EAIa?
LOO EA@
1.00 EA(ii
1.00 EA;ot
1.00 EA!&
00 Etc
OF CLOMES.
3.00 LAc
3.00 EA@
1
6.90=
5.73=
2.38=
3.62=
23.355=
411
11:5=
1839=
6.44-
10.33-
920=
12.4,-
6.90=
920=
6.90=
1,723.41=
2098-
25.94=
6.90
5.73
17.28
S.62
28.15
40.22
66.90
18.39
6.44
10.33
9.20
12.44
6.90
9.20
6.90
1,7228.4!
167.84
77.82_
{
Room: Refinish furniture
DESCRIPTION
QNTY WII1T COST
TOTAL
Refinihch I 'sofa - legs only
Refinish ent4iaimnent cabinet - lower unit
Refinish dresser with mirror - touch bottom only
Refinish nigtil stand - bottom only
Refinish headboard - full - touch up Doli
BUF0704OCbN
1.00 EAr4
1.00 EA(n^.
1.00 EA@
1.00 EA(r
1.00 E4ru,
225.00=
55.13=
165.40-
35.51=
64.94=
215..00
35.13
16540
3531
64.94
07202000 Page: 3
Complete Restoration Inc.
•
3919 Elm Snipes Road
P.O. Box 162
Springdale. AR722764I
800-2424414 or 501-7156-5383
Fex(501) 751-6401 ' Tax TO 71-0710869
DESCRIPTION
CONTINUED - Refinish furniture
QNTY
U1iT COST
TOTAL
Refinish headboard - single - touch up only
1.00 EA(m.
54.94--;
54.94
Room:M9ve & reset content
D£SCRIPTODN
QNTY
UNIT COST
TOTAL
Supervisory and administrative labor - per hour
; Labor to load contents • pet hour
Large movin! van &t equipment • per day
12.00 HR.@
24 00 HRiiu
1.00 DAi4'
39.64=
32.76=
137.64=
475.68
736.24
187.64
'Grand,
Total yeas:
0.001 SF Wails
0.001 SF Floor
0.001 SF Long Wall
BUF0704000N
0.00 SF Ctilin$
0.00 SY Flooring
0.00 SF Short Wall
0.00
0.00
0 00
SF Walls & Ceiling
LF Floor Perimeter
1F Ceil. Perimeter
07/20/2000 Page: 4
•
Complete Restoration Inc.
3919 E:m Sprit= Road •
P O. Sox 162
Springdale, AR 72 764
800.2424414 or501-756-5383
Fax(501) 75I-6401 "'Tax 1D 71.0710869
Total I le Items
Overhead
Profs[
Taxable Mems
I
Grand iota'
8UF070400011
Summary for Sewer Damage
10.00%
10.00%
6.625%
2.59.13
1?59.13
8.078.99
Gene Korismeier
Ce.tlftei Restorer
•
10.438.:2
235.91
235.91
5=5.?3
11,445.17
O7120/2000 :_e: 5
Complete Restorationit.
3919 Lin Senna Rona
P.O. Box 162
Springdale. AR 72764 i
800-242-4414 or 501.756.5383
Fax(501) 751-6101 " Tax TD 11.0710869
Room: Refinish furniture
DESCRIPTION
Refinish diming chair
Refinish tab4 - Diainsroam
Refinish chit cabinet
Refinish Buffet
Refinish dresber with mirror
BUF07040REF
QNTY UNIT COST TOTAL
6.00 EA@u+
1.00 EA@
1.00 EA(i
1.00 EA@
1.00 SAM:
98.00= 588.00
550.00= 550.00
150.00= 550.00
556.36= 55636
_`65.40— 565.40
Grand Total areas:
0.001 SF Walls
0.001 SF Floor
O.0Gj SF Long Wail
BUF07040REF
0.00 SF Ceiling
0.00 SY Flooring
0.00 SF Short Wall
0.00 SF Walls d: Ceiling
0.00 V Floor Perimeter
0.00 LF Ceil. Perimcer
07/20000 Page: 2
Complexe Restoration iga
3919 Elm Springs Road
P.O. Box 162
Springdale, AR 127641
800-242-4414 or.501-756-5383
Fax(501)751-6411 - Tax ID 71-0710869
Toad Line items
Overhead
Profit
Grand Total
UF07040REF
Summary for Sewer Damage
10.00°i
10.00%
2,309.76
2.309.76
2,309.76
280.98
2E0.98
3371.^
Gene Kordsmcier
Cm -titled Restorer
•
07/20/2000 Page: 3
TOTPL P.09
A�.lt Complete Restoration Inc.
• I
3919 Elm S rinss Road •
P.O. Box 162 !
Sonngdale, AR 727641
80-242-4414 or 501-7.56-3383
Fax(501)7514401 • Tax 11D 71-0710669
Orient Johnny Buffer Home: (501)251.7494
Home: 3260 Kings Cross
Fayetteville, AR 72701
Operator: Gn
Estimator. Gene Kordsmeier
trifle: Certified Restorer
Type ofEsn, are: Sewer Damage
Das Emered: 7/202000 Dare Assigned: 7/4.2000
Price Use F.4YF,TiF.V99
Estimate: BUF07040RE=
File Ncber. BUF07040
Business: (50 ) 756.5383
•
FAYETTEaILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Don Bunn, Assistant Public
From: David Jurgens, Water/Sewer
Date: December 12, 2000
'rector
Subject: Citizen Claim- 3260 Kings Cross (Aimee and Johnny Buffer)
GeneraL The claim for reimbursement of damages is partially valid. There was a sewer backup into
Aimee and Johnny Buffer's home (which they were leasing) which they discovered on 4 July 2000.
They and their two or three young sons had been on vacation; the sewer water may have backed up
for up to four days. The water reached a maximum depth of 2". You could see some lines on
baseboards, but the depth never exceeded the height of a baseboard. The baseboards in the
photographs attached to the claim do not show a water mark above the carpet, although there were
some locations where there was a water mark. The water covered roughly 75% of the floor in the
home. All carpeting and pads were wet due to wicking action. Most clothing items on the floor were
damp, and some were soaked in the sewer water. Hard items on the floor (bowling balls, plungers,
etc.) would be easy to clean. Items not in contact with the water would not have been damaged.
Sewer Blockage. The blockage was in the 6" clay sewer main, caused by two places where the pipe
was nusaligned. We had washed the main less than three weeks before, and had no reason to expect
that a backup might occur. We televised the main the next day, and repaired the bad spots the next
week.
Claim Amount. The Buffer's reaction to this backup is unique in my experience. They seem to
beheve that almost everything within the home was contaminated. This belief is reflected in the claim,
as it includes $43,154.00 of personal property they claim was not salvageable They also claim
$11,445.17 from Complete Restoration, Inc., for restoration costs for the remaining salvageable
items. This does not include any costs of cleaning the home or replacing carpets, flooring, etc. Most
of the items in the claim were never touched by the water. Their claim total is $54,599.17. There is
an additional portion of the Complete Restoration estimate for $$3,371.72 which appears to have
been left out of the claimed amount. The Buffers elected to move out of the home. They also stated
to me that the City should pay for their movers and all moving expenses. As a note, their claim
includes a total of $8,045 for shoes alone. Fifty-eight pair of these shoes were for their children, with
a stated value of $1,640.00.
City Obligations. This claim is, m my opinion, unreasonable. The City has no legal obligation to
pay anything, but has always tned to follow the "do nght" rule m being fair to the residents. This
claim, however, far exceeds anything we have ever seen before, although the backup was by no means
the most severe we had ever a. For a historical perspective, the hit claim to date was for
$21,871.39 in 1999, and that included both personal property, cleanup, and temporary lodging for
the residents for two weeks. The personal property amount was only $4,717.24, and included a
laptop computer. The balance was for cleaning and carpet and home repairs.
City Policy. Our policy has been to pay depreciated costs for items which we deem unsalvageable
(such as clothing immersed in the sewer). We also pay a smaller amount for damage to items which
can still be used (fiuniture with some warping at the bottom). We do not pay for choice items
(moving, cleaning of items which were not touched by the sewer water, food in the refrigerator, etc.).
By ordinance, we will pay no more than $2,500 total for any sewer backup.
Itemized Reimbursement. I did not use the Buffer's itemized list of items, as Water/Sewer
employees removed those items that were wet and which we deemed to be valid for the claim. We
do not have substantiation for the other items on the list, and feel they are unreasonable.
They are listed below: -
Average Extended
Item Quantity Cost Cost
Shirts (t -shirts to dress shirts) 172 $ 20.00 $ 3,440.00
Coats 24 25.00 600.00
Skirts/Shorts 23 20.00 460.00
Pants 56 30.00 1,680.00
Shoes (pair) 26 40.00 1,040.00
Underwear 10 10.00 100.00
King Sized Box Springs 1 400.00 400.00
Coveralls 1 40.00 40.00
Misc Items * N/A N/A 1,548.00
Total $9,308.00
* Miscellaneous items include pillows, sheets, table cloths, a throw rug, a Pokeman
Gameboy, a glue gun, a dust rag, a comforter with sham, rolls of toilet paper, a beach towel, and
other, similar items.
*1 This includes associated expenses that were not itemized in the claim
Additionally, I concur that some, but not all, items which were removed for disinfection needed the
same. The estimate for that•work was $11,445.17. Most of this work has already been completed
by Complete Restoration, Inc. There is an additional portion of the Complete Restoration estimate
for $$3,371.72 which appears to have been left out of the claimed amount. I believe this latter portion
is an estimate, and the $11,445.17 is for completed work.
This claim has been very difficult to process, due to the lack of detailed information (they did not
include itemized prices and/or unit quantities, etc. for many of their claimed items) and the intermixing
of actual and supposed damage.
The home is owned by Cheryl and Gene Long as a rental unit. They had insurance which covered
the sewer backup, but certainly had to pay a deductible. We have not received any claim from them
at this time. Thus, there may be another valid submission on this claim
Final Resolution. The Buffe_ve not been very open to negotiation. ey did not fill out a claim
form, include unit prices and item quantities in their claim, and sent the claim through an attorney
rather than to us. Thus, I feel that the final claim will be based on attorney to attorney negotiations
rather than via me dealing with the owners. This represents the first claim in seven years that I have
not been able to successfully negotiate myself. Rather than be guided by the initial claim amount, we
should do what is fair and consistent with other claimants.
Recommendation. To expedite handling this claim, I recommend we have the City Council pass a
resolution approving handling this claim in the maximum amount of $24,124.89, and approve a
budget adjustment to transfer funds from the sewer construction materials account (5400-4410-
5216.00) to the sewer self insurance account (5400-4410-5311.00). I further recommend that the City
Attorney's office schedule a meeting with the Buffer's attorney after the City Council passes their
resolution, to determine the final amount of the claim.
DJ\CLAIMSUCmg3260. WPD
. •
CONNER & WINTERS, P.L.L.C.
AFFILIATED WITH CONNER & WINTERS
A PROFESSIONAL LVNtlRATION IN OKLAHOMA
NORTHT ARKANSAS JAMES E. GRBEN, M. LAWYERS
ANNE B. SUBLETT OKLAl1OMA CITY
W'LS
MARTIN K. WING REBECCA S. WOODWARD
GREG
R. SELRODCMAJU BEVERLY K. SMDII PETER P. BRADFORD
GREG S.SCNAR .R ANDREOHNWW
INORAIIAM RAYMOND E- T%1R:INS
0.1fD1 ANN WISENF.R• DOUGLA' M. RATHE SUITE 200 MELODIE W. PETID1 PNET IR\YIN II. SIEIMIORN
DOUGLAS ABBEY EATIIPA• ROBERTN J PEI£0. JOUN W. FUNK
TERN DR.LMADICK• ROBERTI) JAMES•
CHARLEONSCH K KE 9 REDWINEREN 100 WEST CENTER STREET KIRAN A. RIANSALKAR
CHARLES A0.LAU. RNYW. HAYNIN[ DANOH.HK.G DD MITCHETIMOTHLL O.
DANDYLAV BRUCw.. FREEMAN FAYETTEVILLG ARKANSAS 727014081 JONATHAN K. GINOBNS µILARL O. BLACKBURN
BRUCE V. S. TAYLORN M. CINOC('A
O. RANDY UNITY,MARK HALLEN
SO j$7 -j711 JASON UE
OF NUNSBL• DAVID R. CVRDELL � J IACOUELIHf L.OLIXTER MARK II. OENNLIT
JOHN MOND LOONSMTTM'PMAN
TULSA PAUL(501)587-1426 R. J. MELD OF COUNSEL CECIL? H. MURRAY
HNRY .WIL ROBERT HATHA ARD CHARLES C. KILLIN KIMBERLY E. MARCHANT
HENRY G. cCALL P.SCOFFA. BUOG wAY WRITER'SF MAIL ADDRESS JAMES ft. RYAN
LY?OTJOSEPJ. DR,MOO. JOHN AW E.B000 RUSSELL H. 14ARRAUGH. JR.
LYNNWWD0.. MOORE.IR. LAWRENCE A. IIALI. ¢heEiCk@'ew.IXJm BENJAMIN C. CONNER
DAVID O. CORDELL
ROBERT A. CURRY MMOTE. T. TRUMP NM(tJWINTERS.
O. RICHAR. RJI* 1 NIANC E VAUG0. OFCOUNSEL EMERITUS HIIIN M. WINTERS. 10..
R.M4 LRD JONES.
NANCYE.0. RENRUGHN fl`n119R9)
0.AONAI.O EL. RJK N MRRCARY ERM NPERG J O N S L. ENS
LARRY B. IFIRIKIN MARK D.OEG M HIIINS ATHENS •A.,inul in AAuai
LARRY B, LIPF.• L'ATHERINEG COI'IE
October 11, 2000
I:
VL4 HAND DELIVERY OCT
Jerry Rose, Esq.
Fayetteville City Attorney Oily ' 3 Z0p0
City Administration Building ' 3 20 0
Fayetteville, AR 72701
Re: Buffer sewer mailer
Dear Jerry:
As we recently discussed, I represent Aimee and Johnny Buffer and their three children. The
Buffers were lessors of a house located at 3260 Kings Cross in Fayetteville. The owners of the
property are Cheryl Gorton Long and Gene Long. In July of this year, the sewer backed up into that
house and destroyed most all of the Buffer family's personal possessions. I have attached pictures
showing the damage.
I spoke with Paul Mitchell, Public Work Operations Assistant for the City and he opined that
the problem was caused by the City's line, not the homeowner's line. Please have the Water and
Sewer Department look into this matter and let me know as soon as possible if the City is willing
to compensate the Buffers for their losses.
The personal items believed to be salvageable were taken to Complete Restoration, Inc. That
company has estimated that it will cost $11,445.17 to restore those items. I have attached a copy of
Complete Restoration's written estimate. In addition, much of the Buffers' possessions were not
salvageable. I have attached a list of those items with an estimated total cost of $43,154.00.
1 1 • •
October 5, 2000
Page 2
The Buffers are hereby making aclaim for compensation ofthe $54,599.17 in losses incurred
by the Buffer family. Please let me know the City's position on this matter as soon as possible. If
you need anything further, please let me know.
Also, as we discussed please request that this matter be placed on the City Council's agenda
as soon as possible after the City has had time to investigate the matter. It would be great if this
could be on the October 17, 2000 agenda, but the November 7, 2000 agenda may be more realistic.
My clients would be available for either meeting.
I look forward to working with you.
Sincerely,
rri Dill Chadick
Enclosures
BUFFER ITEMS THAT WERE NOT SALVAGEABLE
ITEM
COST
Armoir
- $500.00
King Size Bed
$1,200.00
Linens
$1,000.00
Fish Tank with Fish
$300.00
Computer Desk
$200.00
Lazy Boy Recliner
$375.00
Glassware
$100.00
Dinnerware
$85.00
Pyrex Pots and Pans
$200.00
Mixing Bowls and Mixer
$75.00
Coffee Pot
$30.00
Two Week Supply of Food
$300.00
Other Pantry Items, Including Spices
$120.00
Toaster
$15.00
Towels
$300.00
Plants
$200.00
Pottery Inc. Flowers
$125.00
Custom Designed Um with Arrangement
$300.00
Silverware
$125.00
Prescription Medication and Other Medication
$1,000.00
Iron
$15.00
Tablecloths (at $40.00 each)
$80.00
Candles/Candle Holders (at $16.00 each)
$320.00
Portable Stereo System
$100.00
Bowling Ball
$20.00
G:\Tcha\nuntt, Aimee\chart.wpd
ITEM
COST
Duffle Bags (at $20 each)
$60.00
Boys Clothes:
Jeans (at $50 each)
$200.00
Dress Pants (at $20 each)
$300.00
Shirts (range in prices)
$450.00
Sweaters (at $30 each)
$1,200.00
Shorts (at $17 each)
$425.00
Hats (at $30 each)
$90.00
Shoes (at $60 each)
$840.00
Shoes (at $18 each)
$800.00
Underwear/Socks ($25/child)
$75.00
Mens Clothes:
Shirts
$2,800.00
Slacks (at $36 each)
$432.00
Sports Coats (at $200 each)
$1,200.00
Suits (at $300 each)
$1,800.00
Socks
$100.00
Boxers (at $10 each)
$300.00
Jeans (at $36 each)
$216.00
Shoes
$3,000.00
Shorts
$500.00
Womens Clothes:
Sweaters/sweatshirts
$1,200.00
Scarves
S126.00
Bathing Suits
$195.00
Lingerie
$600.00
Leatherjackets (at $450 each)
$900.00
Coats
$200.00
Nursing shoes
$65.00
Scrub Tops/Lab Coats (at $20 each)
$520.00
Scrub Pants (at $16 each)
$160.00
G:\Tcha\Buller, Aimee\chan.wpd -2-
0
ITEM
COST
Slacks
$2,500.00
Suits (at $300 each)
$7,500.00
Dresses (at $45 each)
$315.00
Summer suits/shorts outfits (at $90 each)
$4,500.00
Shoes
$2,500.00
TOTAL
$43,154.00
G:\Tcha\Bufcr, Aims\charl.wpd _3
Restoration Inc.
3919 Cirri Springs Road
P.O. Box 162 I
Springdale. AR 72764
300-242-4414 or50t-756-`383
Fa'(501) 751-.6401 * Tat ID 71-0710969
•
BUF07040CON
Room: Pack & move contents
I
i
DESCRJPTIION
QNTY
UTITT COST
TOTAL
Provide box for tagile itarns, bubble wrap, tape & labes
90.00 EA! a•
4.9C=
141.00
Sumrrvisory dnd administrative labor - per hour
12.00 HR'.!
I 39.64=
475.63
Labor for pac'c-out - per our
24.00 FIR??
2931=
70.3.44
• Labor to loaatcontents - per trout
2400 HRha'
I 22.76=
786.24
Large moving van & equipment - per day
1.50 DA: T
137.64-
2S1.46
Room: Persanal Property
DESCRIPTION
V/Clean box cohtc=-1.5 cubic ft.- Uncaci:, clean. R-?acl-
:/Clean box wnteass-3 = cubic fc- Gnp�si. ciean.:e•pec?.
/Clean box contents - 6.1 cubic it. - L.npa;.c. clew. repack
;/Clean coy chdst - Razorback
/Clean hutch iDiningroom
VClean buffet 1 large
lean washed- interior and exterior
Clean dryer -Iint r or and exterior
%Clean table-',klining
.''Cleat chair -joining
C1eao blue pl stic !ockcr
Clean televison - Sanyo portable
Clean tetevis0o - Magnavox
Clean televis�n - Orion
Clem microtyave - exterior - Sharp
Clean retrige for - interior and exteriors
Clew & dcc�Lrug - braided and hocked - ofsite
Clears & deodorize maoress or box spring - full
Clem & deetlorizc mattress or box spring - twin
1• -'Clean bed frame complete
`vtilean hesdb4ard - double bed
BLF07040CDN
QNTY
1Thl i' COST TOTAL
55.00 EA
23.49= 23.49=
1.551.35
6.00 E.4@
32.48=
194.88
21.00 EAU.
45.97-
965.3
1.00 EAri2 I
4.66=
4.50
1.00 E.4rd. 1
11.18-'
11. l 3
3.00 EA@ I
20.69=
20.69
1.00 E<i I
42.54=
42.54
1.00 E:4@
39.72=
39.72
1.00 EA0a! I
13.79=
13.79
6.00E Th
10.32=
61.92
1.00 E•lt^m •
I i 99=
11 99
1.00 E ra I
5.73=
5.73
1.00 EAOth
5.73=
5 73
LGO E41! I
5.73=
5.73
1.00 EAr I
4.59-
4.59
1.00 EA(a
"?.98=
2298
35.00 Sr@
1.00=
25.00
2.00 EA.'
34.48=
68.96
2.00 EA@ I
25.'7=
50.54
2.00 ESr I
7.65=
15.30
1.00 EA(h)
9.20—
u 20
1)7.:20/2000 Page: 2
Complete Rc:oraiion Inc.
3919 Elm Springs Road -
P.O. Box 162 I
mintidale, AR 72764 I
300-242-4414 or 501-756-5383
Fas(501) 751-64'01 • Tx 1D71-0710869
CONTINUED - Personal Property
i
I
I
DESCRIPTION
QNTV
1J?f'TTCOST
TOTAL
I
_
Clean headboard - twin size
1.L'0 liA(at
630=
6.90
• Clean table - ccasional - Make-up table
1.00 EA(ii!
5.?3=
5.7• 3
Clean entertainment unit
6.00 LF;c;
2.3S=
17,28
i Clean chest eel drawers
!.00 EA 1
S.6_=
5.62
• Clean dressej
i.0''[ EA:
2S.i5= `=
33.1.
Clean & deodorize ::hair - large - W ing[ ick
1.00 EA@
i 40 ==
40"'
Clean & deodorize sofa
6.00 E?_gi:
ii.: _`=
6690
Clean & deodorize otlicc caatr
x.00 EAf≤e
I8 A=
18.39
Clem stainless stesi towel tack
1.01) EA(Q:
6.44—
5.44
Clean -bare
i.00EA@
10.3_-
10.33
plant
Clean file caBinec- two drawer - includes paper work
1-00 EA @
9?0=
9.20
Clean shelf- boat shelf
1.00 EA@.
12.44-
I' 44
Clean night stand
L00 EA('
6.90=
6.90
Clean black S decker floor duster
1.00 EA;&•
9.20
. j9:0=
Clean silver dash can
1.00 EAi2:
6.90=
6.90
Process dry cleaning
1.00 EA €
11,723.41=
1,728.4:
NOTE: THE FOLLOWING IS AN ESTIMATE FOR
DRYCLEANLNG OF CLOTHES.
Electronic c!'an!na & restoration - per hour
3.J0 LA:5:.
2098=
167.84
NOTE: ANYISERVICE REPAIR WILL BE EXTRA.
Pictures - renal & re -buck
3.00 EA!Th
'_59a=
77.8'_
i
I
I ,
I
i
Room: Refinish furniture
II
DESCRIPTION
QNTY
UNIT COST
TOTAL
; Refu h chat/sofa - legs only
LOO EArD4
"?SOC=
??5.00
! Refinish ent[atainmcnt cubinc[ - lower unit
L00 I:A(a
55.13=
35.] 3
Refinish dresser with mirror - touch bottom only
1.00 EA@
165.40r
16540
Refinish night stand - bottom only I
1.00 EA(rL
35.:1 =
35.31
! !
Refinish headboard - full - touch up onil
1.00 E4!_u
64.94=
649a
I
• BUF0704000N
078.0:2000
Page: 3
1
1• fl
Comnlere Restoration inc.
3919 Elm sorinas Roarl -i
P.O. Box 162
Springdale, AR :761
800-242-4{ 14 or 501-?156-i3S3
Faxi'501) 751-6401' Tax ID 71-0710869
CONTINUED - Refinish furniture
DESCRIPTION
Refinish headboard - sinelc - touch up ortly
Room_ Move & reset content
' I
DESCRiPTIIDN
Supervisory and administrative labor - per hour
Labor to loadcontens - per hour
Luce movi4 van fi equipment - per day
i 1
r I I i
Grand. Total Areas:
0.001 SF Wails
0.001 SF Floor
0.001 SF Long Wall
: I
I 1
I I
i 1
, 1
$UF07040CmN
0.00 SF Ctiling
0.00 SY Flooring
0.00 SF Snow wall
QNTY Ur1'IT COST TOTAL
1.00 EA(dl. ! sao_ ia,9y
QNTY UNIT COST TOTAL
12.00 HR;' 39.6x= a75 68
2400
nR;$ i
32.76=
;862.
1.00
DAlizl !
187.o4=
187.64
U.00 bF Walls x Ceiiing
U.00 LF Floor Perimeter
000 frF Cell. Perimetr
07/20@000 Page: a
• Complete Restoration Inc.
3919 Elm S rings Road
I P.O. Box 162
Springdale, AR 72764 ; • 800.242-4414 ar SO I - 36-=333
Fax(50I)751-6401 •'Pax ID 71-0710869
I i
I
Summary for Sewer Damage
Total Line Items
Overhead 10.00% 2.359.I3
Profit 10.00% 2J5. 13
Taxable )terns 6.625% 3.078.99
Craod Total
I
Gcnc Korismeier
Certified Restorer
I
10.4:5.:2
235.91
23.91
53f.23
11,445.17
07,2012000 ?se: 5
Complete Restoration 7�c
j 3919 Elm Springs Road
46 1 P.O. Box 162
1 , Springdale. AR72764 i
800-242-4414 or501.756.5383
Fax(501) 751-6101 ' Tax ID 71-0710869
• Room: ReAnish furniture
DESCRIPTION
Refinish dinipg chair
Refinish tab! -Dinin ruam
Refinish chin cabinct
Refinish Buffet
Refinish dresber with mirror
GFartdTotal 4reas:
0.001 SF Walls
0.06. SF Floor
0.Od SF Long Wail
BUF07040B4F
BUF07040REF
0.00 SF Ceiling
0.00 SY Flooring
0.00 SF Short Wail
QNTY
6.00 EA4I'
1.00 EA@
1.00 EAtd
1.00 6A(
1.00 EAfn
UNIT COST
98.GO-
550.00=
• :50.00=
5&36=
`-- 4
0.00 SF Wafts & Cciiing
0.00 F Floor Perimeter
0.00 LF Ce:l. Perimeter
TOTAL
588.00
550.00
550.00
556.36
565.40
07'20i2000 Page: 2
Complete Restoration Inc.
3919 Elm Spprings Road
P.O. Box 1!2
. Springdale. AR :2_7641
800-242-4414 or.501-756.5383
• Fn(501)751-.5401 • Tax TO 71-0710869
TOM] Like Items
Overhead
Prorit
• 1
• Grand Total
SUF07040REF!
i I
i I
Summary for Sewer Damage
2.309.76
10.00% =,309.'.6 230.98
10.00% • '-.30936 280.5
3 371.;1
Cone Kordsmeier
Certified Restorer
i 07120/2000 Pays: 3
-0TrL F. ter?
Compicte Restorntioa Inc.
3919 Elm Springs Road
P.O. Box 162 ,
Sonngda(e, AR 727641
800-242-4414 or 501-756-5383
Fax(501) 751-6401 • '>jax 1) 71-0710669
sent:
Johnny Buffer
Home:
3260 Kings Cross
Fayetteville, AR 72701
• Operator.
GK
• Es I ator.
Gene Kordsmeier
Certified Restorer
Type of Estimare:
Sewer Damage
Dam En{ered:
7802000
Prim List:
FAYF.TTF.V99
Estimate:
BUF07040RE=
•
File Nt$ber:
SUF07040
Date Assigned: 7/4.2000
Home: (501) 251-7494
Business: (501) 756.5383
FAYETTEtILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Don Bunn, Assistant Public
From: David Jurgens,
Date: December 12, 2000
Subject: Citizen Claim- 3260 Kings Cross (Aimee and Johnny Buffer)
General The claim for reimbursement of damages is partially valid. There was a sewer backup into
Aimee and Johnny Buffer's home (which they were leasing) which they discovered on 4 July 2000.
They and their two or three young sons had been on vacation; the sewer water may have backed up
for up to four days. The water reached a maximum depth of 2". You could see some lines on
baseboards, but the depth never exceeded the height of a baseboard. The baseboards in the
photographs attached to the claim do not show a water mark above the carpet, although there were
some locations where there was a water mark. The water covered roughly 75% of the floor in the
home. All carpeting and pads were wet due to wicking action. Most clothing items on the floor were
damp, and some were soaked in the sewer water. Hard items on the floor (bowling balls, plungers,
etc.) would be easy to clean. Items not in contact with the water would not have been damaged.
Sewer Blockage. The blockage was in the 6" clay sewer main, caused by two places where the pipe
was misaligned. We had washed the main less than three weeks before, and had no reason to expect
that a backup might occur. We televised the main the next day, and repaired the bad spots the next
week.
Claim Amount. The Buffer's reaction to this backup is unique in my experience. They seem to
believe that almost everything within the home was contaminated. This belief is reflected in the claim,
as it includes $43,154.00 of personal property they claim was not salvageable. They also claim
$11,445.17 from Complete Restoration, Inc., for restoration costs for the remaining salvageable
items. This does not include any costs of cleaning the home or replacing carpets, flooring, etc. Most
of the items in the claim were never touched by the water. Their claim total is $54,599.17. There is
an additional portion of the Complete Restoration estimate for $$3,371.72 which appears to have
been left out of the claimed amount. The Buffers elected to move out of the home. They also stated
to me that the City should pay for their movers and all moving expenses. As a note, their claim
includes a total of $8,045 for shoes alone. Fifty-eight pair of these shoes were for their children, with
a stated value of $1,640.00.
City Obligations. This claim is, in my opinion, unreasonable. The City has no legal obligation to
pay anything, but has always tried to follow the "do right" rule in being fair to the residents. This
claim, however, far exceeds anything we have ever seen before, although the backup was by no means
the most severe we had ever see.For a historical perspective, the high0claim to date was for
$21,871.39 in 1999, and that included both personal property, cleanup, and temporary lodging for
the residents for two weeks. The personal property amount was only $4,717.24, and included a
laptop computer. The balance was for cleaning and carpet and home repairs.
City Policy. Our policy has been to pay depreciated costs for items which we deem unsalvageable
(such as clothing immersed in the sewer). We also pay a smaller amount for damage to items which
can still be used (furniture with some warping at the bottom). We do not pay for choice items
(moving, cleaning of items which were not touched by the sewer water, food in the refrigerator, etc.).
By ordinance, we will pay no more than $2,500 total for any sewer backup.
Itemized Reimbursement. I did not use the Buffer's itemized list of items, as Water/Sewer
employees removed those items that were wet and which we deemed to be valid for the claim. We
do not have substantiation for the other items on the list, and feel they are unreasonable.
They are listed below:
Average Extended
Item Quantity Cost Cost
Shirts (t -shirts to dress shirts) 172 $ 20.00 $ 3,440.00
Coats 24 25.00 600.00
Skirts/Shorts 23 20.00 460.00
Pants 56 30.00 1,680.00
Shoes (pair) 26 40.00 1,040.00
Underwear 10 10.00 100.00
King Sized Box Springs 1 400.00 400.00
Coveralls 1 40.00 40.00
Misc Items * N/A N/A 1,548.00
Total $9,308.00
* Miscellaneous items include pillows, sheets, table cloths, a throw rug, a Pokeman
Gameboy, a glue gun, a dust rag, a comforter with sham, rolls of toilet paper, a beach towel, and
other, similar items.
** This includes associated expenses that were not itemized in the claim.
Additionally, I concur that some, but not all, items which were removed for disinfection needed the
same. The estimate for that work was $11,445.17. Most of this work has already been completed
by Complete Restoration, Inc. There is an additional portion of the Complete Restoration estimate
for $$3,371.72 which appears to have been left out ofthe claimed amount. I believe this latter portion
is an estimate, and the $11,445.17 is for completed work.
This claim has been very difficult to process, due to the lack of detailed information (they did not
include itemized prices and/or unit quantities, etc. for many oftheir claimed items) and the intermixing
of actual and supposed damage.
The home is owned by Cheryl and Gene Long as a rental unit. They had insurance which covered
the sewer backup, but certainly had to pay a deductible. We have not received any claim from them
at this time. Thus, there may be another valid submission on this claim.
Final Resolution. The Buffer.ve not been very open to negotiation. ly did not fill out a claim
form, include unit prices and item quantities in their claim, and sent the claim through an attorney
rather than to us. Thus, I feel that the final claim will be based on attorney to attorney negotiations
rather than via me dealing with the owners. This represents the first claim in seven years that I have
not been able to successfully negotiate myself. Rather than be guided by the initial claim amount, we
should do what is fair and consistent with other claimants.
Recommendation. To expedite handling this claim, I recommend we have the City Council pass a
resolution approving handling this claim in the maximum amount of $24,124.89, and approve a
budget adjustment to transfer funds from the sewer construction materials account (5400-4410-
5216.00) to the sewer self insurance account (5400-4410-5311.00). I further recommend that the City
Attorney's office schedule a meeting with the Buffer's attorney after the City Council passes their
resolution, to determine the final amount of the claim.
DJ\\CLAIMSUCmg3260. WPD
CONNER & WINTERS, P.L.L.C.
AFFILIATED WITH CONNER & WINTERS
A PROFESSIONAL CORPORATION M OKLAB AA
NORTBW6TARKANSAS
JAMES E. GREEN, JR.
LAWYERS
ANNE B. SUBLETT
OKLAHOMA CITY
low R ELROD'
MARTIN R. WING
REBECCA & WOODWARD
PETER B. BRADFORD
DFOPKMS
JOHN W. INGRAHAM
BEVERLY K. SMITH
GREG S. SCHARLAU•
RAYMOND E To
ANDREW R TURNER
SUITE 200
MELODIE FREEMAN -GURNEY
RUIN ANN WISENER'
IRWM H,D EINHORN
DOUGLAS M RATHER•
JACALYN W. PEITR
TERM] DILL SOADIIX •
GENERA AEDWINEREM
LOO WEST CENTER STREET
ROBERT D.ITtROL
JOHN W. FUNK
CHRLESEBRONSON'
KORAN A. FHANSAIXAR
CHARLES E SCHAIILAU.
R. KEVIN
DAVID H. H
TIMOIHYJ..
HAYNIEE
W NATNIE
FAYETTEVRS,E, ARKANSAS 72701-6081
K. GIDD
ELIZABETH K. ONOCCA
OFCOUNSNE
BLA(FF
MITCHELL 0. BLACKBURN
D. IIFMOYLANEY.
BRUCE
B0.UCE W. iAFAMAN
JONATHAN M. CINOLYA
P. BLAKE ALLEN
DAVIOR. CORDFIL
(501)582-5711
JASON S. TAYLOR
OF COUNSEL•
MARK H BENNER
JOHN N. HOW
JACQUELINE L. BLOCKER
L. DON SMITHERMAN
C. RAD PATTON,10.
FAX (501) 587-1426
,N LM
E. BRADEN
PAUL F.
OF COUNSEL
LAURA L. MFCASLAND
CECRY H. MURRAY
JOHN BARRY
J.MELD
ROBERT I.ATRAWAY
OIARLES C. KRLM
KP.MBERLY E MARCHAHT
HENRY
HATHAWAY
WRITER'S EMAIL ADDRESS
TAMER R. RYAN
JOSEPH I. MCGM.IR.
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JOHN A.
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RUSSELL H.HARBAUGH. JR.
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DAVID O. CORDELL
BENIWIN C CONNER
ROBERT CURRY
ROBERT A. CU
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LARRY B, LIFE'
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KATHERINE G. COYLE
October 11, 2000
VIA HAND DELIVERY
Jerry Rose, Esq. C j
Fayetteville City Attorney C/ 7YAn ? oOQ
City Administration Building 0RNEYSOFFic�
Fayetteville, AR 72701
Re: Buffer sewer matter
Dear Jerry:
As we recently discussed, I represent Aimee and Johnny Buffer and their three children. The
Buffers were lessors of a house located at 3260 Kings Cross in Fayetteville. The owners of the
property are Cheryl Gorton Long and Gene Long. In July of this year, the sewer backed up into that
house and destroyed most all of the Buffer family's personal possessions. I have attached pictures
showing the damage.
I spoke with Paul Mitchell, Public Work Operations Assistant for the City and he opined that
the problem was caused by the City's line, not the homeowner's line. Please have the Water and
Sewer Department look into this matter and let me know as soon as possible if the City is willing
to compensate the Buffers for their losses.
The personal items believed to be salvageable were taken to Complete Restoration, Inc. That
company has estimated that it will cost $11,445.17 to restore those items. I have attached a copy of
Complete Restoration's written estimate. In addition, much of the Buffers' possessions were not
salvageable. I have attached a list of those items with an estimated total cost of $43,154.00.
October 5, 2000
Page 2
The Buffers are hereby making a claim for compensation ofthe $54,599.17 in losses incurred
by the Buffer family. Please let me know the City's position on this matter as soon as possible. If
you need anything further, please let me know.
Also, as we discussed please request that this matter be placed on the City Council's agenda
as soon as possible after the City has had time to investigate the matter. It would be great if this
could be on the October 17, 2000 agenda, but the November 7, 2000 agenda may be more realistic.
My clients would be available for either meeting.
I look forward to working with you.
Sincerely,
rri Dill Chadick
Enclosures
BUFFER ITEMS THAT WERE NOT SALVAGEABLE
ITEM
COST
Armoir
$500.00
King Size Bed
$1,200.00
Linens
$1,000.00
Fish Tank with Fish
$300.00
Computer Desk
$200.00
Lazy Boy Recliner
$375.00
Glassware
$100.00
Dinnerware
$85.00
Pyrex Pots and Pans
$200.00
Mixing Bowls and Mixer
$75.00
Coffee Pot
$30.00
Two Week Supply of Food
$300.00
Other Pantry Items, Including Spices
$120.00
Toaster
$15.00
Towels
$300.00
Plants
$200.00
Pottery Inc. Flowers
$125.00
Custom Designed Urn with Arrangement
$300.00
Silverware
$125.00
Prescription Medication and Other Medication
$1,000.00
Iron
$15.00
Tablecloths (at $40.00 each)
$80.00
Candles/Candle Holders (at $16.00 each)
$320.00
Portable Stereo System
$100.00
Bowling Ball
$20.00
G:\Ttha\Buffer Aimee\ehen.wpd
ITEM
COST
Duffle Bags (at $20
each)
$60.00
Boys Clothes:
Jeans (at $50 each)
$200.00
Dress Pants (at $20 each)
$300.00
Shirts (range in prices)
$450.00
Sweaters (at $30 each)
$1,200.00
Shorts (at $17 each)
$425.00
Hats (at $30 each)
$90.00
Shoes (at $60 each)
$840.00
Shoes (at $18 each)
$800.00
Underwear/Socks ($25/child)
$75.00
Mens Clothes:
Shirts
$2,800.00
Slacks (at $36 each)
$432.00
Sports Coats (at $200 each)
$1,200.00
Suits (at $300 each)
$1,800.00
Socks
$100.00
Boxers (at $10 each)
$300.00
Jeans (at $36 each)
$216.00
Shoes
$3,000.00
Shorts
$500.00
Womens Clothes:
Sweaters/sweatshirts
$1,200.00
Scarves
$126.00
Bathing Suits
$195.00
Lingerie
$600.00
Leather jackets (at $450 each)
$900.00
Coats
$200.00
Nursing shoes
$65.00
Scrub Tops/Lab Coats (at $20 each)
$520.00
Scrub Pants (at $16 each)
$160.00
G:\Tcha\Buffer, Aimee\ hart.wpd -2-
ITEM
COST
Slacks
$2,500.00
Suits (at $300 each)
$7,500.00
Dresses (at $45 each)
$315.00
Summer suits/shorts outfits (at $90 each)
$4,500.00
Shoes
$2,500.00
TOTAL
$43,154.00
G:\Tcha\Bifer, Aimee\chart.wpd -3-
f. Complete Restoration Inc.
3919 L'• Springs Road
x
! P.O. Boxi62 I,
Soriaedaie. AR72764
'• 390 -?42-4414 oe501-706-?383
Fax(501) 751-6401 ' Tax TD 71-0710869
BLTF0704000N
Room: Paek & move contents
QNTY
Ur9TT
COST
TOTAL
DESCRIrrioN
Provide box 4or fragile items, bubble wrap, tape & labels
90.00 EAr&
! 4.90
441.00
Suoirvisory dnd administrative labor - per hour
12.001&@
I 39.64=
475.63
for hour
24.00 HR? c.
1 2921=
703.44
Labor paeic-eut - per
Labor to loa d contents - per hour
24-00 Ht`'
fl76=
06'24
Large mmin'van & equipment- per day
1.50 D.;fa!
1 137.64=
231.40
Room: Pet,
DESCRIP'TI
Clean box co.
i%Cleaa bar co
;/Clean box ca
/Clean toy chu
/Clean hutch
Clean buffet
]ean SYaanel
1 Clean dryer -
%Clean able -
.'yClean chair -
Clean blue p
//Clean televit
Clean televi!
Clean televii
Clean micro'
Clean refrig+
i Clean & dec
Clean & dcc
! Clean & de:
!•/Clean bed fi
vCiean headl
BUF07040(
Property
is -I.5 cubic ft.- Unpack, clean. repack
t5-3 cubic R- Unpack, dean. re -peck
to - 6.1 cubic ft. - Unpack. dean. repack
Razorback
large
interior and exterior
nt rior and exterior
c locker -
Sonyo portable
t - Magnavox
i -Orion
.ve - exTerior - Sharp
tar - interior and exteriors
rug - braided and hooked- off site
trize mattre55 or box spring - Tull
,rizc mattress or box sprig - twin
to complete
ird - double bed
QNTY JThAl COST TOTAL
i_
65.00 EA;7c
6.00 EA @.
21.00EA@..
1.00 EAr�
LOU EAfir<
i.00 EA@
1.00 E_ -.e
1.00 E42$
L00 EAfa;
6.00 Erinl
LCO EAa'i
LOU EAI@
LOGE @
LOU E9@
1.00 EA@
1.00 EA@
35.00 SF@
_'.00
2.00 EA@
2.00 E /
1.00 EA@
23.49=
1,351.85
32.48=
194.83
45.97-
%5,37
4.66=
4.56
t1.18=
11.18
20.69=
20.69
42.34=
42.54
39.72=
?9.72
.-
13.79
10.32=
6192
11 .99=
11.99
573
5.73
5.73
5.7.
5.73=
5.73
4.59^
4.59
2•,.98
22.98
1.00=
35.00
34.48
68.96
_
50.54
7.65=
15.30
920-
°2Q
OT2012000 Page: 2
Complete Restoration Inc.
1
3919 Elm Springs Road •
P.U. Box 162 !
S tringdale, AR 72764 i
300-242-4414 or 501-756-5383
Fa'c(501) 751-64.01 ' "Fk+x ID i I-0710869
CONTINUED - Personai Property
DESCRIPTION
QNTY
jTT COST TOTAL
I Clem headboard -twin size
1.00 EAc�
6.90=
6.90
Clean table - }ccasional - Make-up table
1.00 EA@
5.73=
5.73
Clean entertainment unit
6.00 LF(c;
2.3S=
17.23
I Clean chest of drawers
!.00 EA;T.
3.622=
3.62
Clean dress
1.00 E.4 G
23.19=
23.15
k Clean & deodorize chair - large - W ingtiack
1.00 EA@
40?-'
40.22
Cl an & deodorize sofa
6.00 EA`:
j
11.14=
5690
Giusti & deodorize chair
1.00 EA iiyt
I&39
18.39
office
Clean stuinleis steel towel rack
1.00 EA@
6.44—
6.44
Clean plant-Ir'arge
1.00 EA@
I
10.33—
10.33
Clean file cabinet- two drawer - Includds paper work
1.00 EA@
!
930=
9.20
Clean shelf - }acs shelf
1.00 EA@
!
12.44"
12.44
ta
Clem night snd
1.00 EA@
1
!
6.90=
6.90
Clean black a decker floor duster
1.00 EMI'
9.20
9.20
Clem sliver trlash can
I.00 EA.a`.
j
6.90=
6.90
Process dry =fuming
1.00 EA.
11,723.41=
1,728.41
NOTE: THE FOLLOWING IS AN ESTIMATE FOR DRYCLi ANLNG
OF CLOTHES.
Electronic cleattina & restoration - per hour
3.00 L A@
I
20.98"
161.34
NOTE: ANYISER VICE REPAIR WILL BE EXTRA.
1
j Pictures - re-�at & re -back
3.00 E.4!ii�
I
'5.9d=
77.82
Room: Refinish furniture
DESCRIPTION E
QNTY
WIlT COST
TOTAL
._.-_
I Refmi-h chairisofa - legs only `
X00 EAlu!
225.DC=
225.00
Refinish entertainment cabin[ - lower unit
X00 EEA@
i 55.13=
35.1;
I
Refinish dresser with mirror - touch bosom only
X00 Lk(t
165 40-
165.40
I II !
I Refinish night stand - bosom only
1.00 EA(
31.31=
j
35.31
�
Refinish headboard - full - touchup oni}
1.00 EA(iu,
j 64.94=
64.94
i I
07120:2000 Page: 3
1 BUF07040CON
Complete
Inc.
3919 Elm Springs Road
P.O. Box 162 .I
Springda(e. AR 2764
800-242-4414 or 501-n56-1583
FaV50I) 751-6401 ' Tax ID 71.0710869
CONTINUED -Refinish furniture
IReImish headboard - single - touch tap oliN
Room: MMve & reset content
D£5CR1PTtION
Sunervisory and administrative labor - per hour
Labor to load, consents - per hour
Lame moving% van &: cluipmenl - per day
• I
i j I
Ge and. Total kreas:
0-00I SF Walls
0.001 SF Floor
0.001 Sr Long Wall
1
I
l 1
i I ;
' i I
i 1 �
0.00 SF CsiUpg
0.00 SY Flooring
0.00 SF Short Wall
QNTY
1.00 EAtaj
COST
54 0o-
QNTY UMT COST
12.00 KR4T
24 00 iiRiiu
1.00 DA1a!
39.64=
32.76=
187.64=
0.00 SF Wails & Ceiling
0.00 LF Floor Perimeter
000 F Cell. Perimeter
TOTAL
5494
TOTAL
475.68
786 24
187.64
07/20/2000 Page: 4
Complete Restoration Inc.
� 1
3919 Em Springs Road
a P.O. P.U. Box 162
1.. II I I -`Frio@<Lnle, .4R -12764
I` I i 800.242-4414ar501-e56-=383
Fax(501)751-6401 'tax ID 71-0710869
1 I I
I Iaurmary for Sewer Damage
Total Line Items
Overhead 10.00°'0
Profit 10.00%
Taxanle tems 6.62595
Grand itotal
i ( i • Gene Kordsmeier
Certified Restorer
• i
I I
.._59.1_
2.359. 13
3.078.99
1048..2
2==5.91
4...91
535.23
1 11,445.17
07,20/2000 Pte: 5
i I Complete Restoration I1.
• 3919 Ebt Sprint Roaa
P.O. Box l6?
t I Springdale. AR7 764 i 1
•800 242-1414 or501 756-5?83 j
•
i Fax(501) 751-6101 ' Tax fD 71-0710869
i I
BUF0704OREF•
Room: ReAnisb furniture
I
I
DESCRIPTION QNTY Ut1T COST TOTAL
Refinish d niriIg chair 6.00 EAG MOO= 588.00
Refiaish tab!C - Dinin roam 1.00 EA@ 5:0.00= 550.00
Refinish chit cabinet L0U EA+'it' 550,00= 550.00
! Refinish Buffer 1.00 EA@ 556.36= 556.36
Refinishdresberwith mirror 1.00EA!i) 565.40— 565.40
I I
•Gland Total reas:
0.0 SF Walls
• 0.0d SF Floor
0.0q SF Lang Wail
I •
1
!
1 1 • BUF07040RIrF
0.00 SF Ceiling
0.00 SY Flooring
0.00 SF Short Wall
0.00 SF Walls & Cciiing
0.00 FF Floor Perimeter
0.00 Li: Ceil. Perimeter
07'20/000 Page: 2
Complete Restoration Inc.
h
3919 Elm SpnRoadI P.O. Box 162
Sorin;daie, AR 72764
800-242-4414 or.501-756.5363
Far(501) 751-5401 - Tat iD 71-0710869
• i
Snnimary for Sewer Damage
Total Line Items
Overhe0o 10.00%
• Pratt 1 10.00%
• Grand Total
i
Cene Rordsmeier
I Ccrtitied Restorer
9UF07040REF
i I
' I j
:
3,809.'.5 380.98
?.809.15 ?80.98
3,3 1.72
t
0720/2000 Pays: 3
'0Tii P.Cr9
•
I1I
Cumpiete Rest:orniion Inc.
I3919Elm5pringRoad
P.O.Box16Z
• Sonngdale, .4R 72764i
I 800-242-4414 or 501-2256-5383
• Fax(501)751-6401 • lax ID 71-0710869 • ' 1 Bent
Home:
Opemror:
Esdmaror.
• ride:
Tvoe of Esamare:
•
• Dare Enjered
Price List:
Esuinare:
File i limber.
• I
! I
k
Johnny Buffer
3?60 Kicgs Cross
Fayerreville, AR ''2701
JA.
Gene Kordsmeier
Certified Restorer
Sewer Damage
7/202000
F.AYF.TTF.V99
BUF07040RE_
SUF07040
Dare Assigned: 7/4.2000
Home: (50E)251-7494
Business: (50) 756.5383
City of Fayetteville, Arkansas EMDIT Q
D
• Budget Adjustment Form Li 1
Increase Expense (Decrease Revenue)
Account Name A ounce Account Number Project Number
Decrease Expense (Increase Revenue)
Account Name Amount Account Number _ Project Number. -_
_
Approval Signatures
_Lt_D2c� Qo
Date
Dec 1
51 'L cots
Date
par[men[ rector Date
Ad s irec r Da e
Mayor Date
Blue Copy: Budget & Research /
Budget Office Use Only
Type: A B C OD E
Date of Approval F�p
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Yellow Copy: Requester
FAYETTE!TILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
0
To: Steve Davis, Budget
From: David Jurgens, Water/Sewer
Date: December 13, 2000
Subject: Citizen Claim- 3260 Kings Cross (Aimee and Johnny Buffer)
I have attached two other memorandums regarding the sewer claim at 3260 Kings Cross. The sewer
self insurance account (5400-4410-5311.00) does not have sufficient funds, so I am recommending
doing a budget adjustment to transfer the funds from sewer construction materials (5400-4410-
5216.00).
I have attached a budget adjustment form for this change.
DJ\\CLAIMS\King3260-3. WPD
. •
STAFF REVIEW FORM
XXX AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the City Council meeting of December 19, 2000
FROM:
David Jurgen Water/Sewer Public Works
Name Division Department
ACTION REQUIRED: City Council approve staff handling the claim for sewer backup at 3260
Kings Cross in the amount not to exceed $24,124.89, and approve a budget adjustment for the same.
COST TO CITY:
$ 24,124.89 $ 4 S., ' � r Self Insurance
Cost of this request Project Budge C4rFl q & oci, Project Name
5400-4410-5311.01 $ 419,613 Sewer Main Const
Account Number Funds used to date Program Name
$ C,≤1 Ra 34 Water and Sewer
Project Number Remaining Balance Fund
BUDGET REVIEW: _ Budgeted Item XX Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
tQ /ate 0
Accou f g Manager U
City Attom Date
W &Q Ia-t -oa
Administrative Services Director
GRANTING AGENCY:
ADA Coordinator Date
14,1,1'/oar
Internal fitditor Date
Date
TION: Approve change orders as stated above.
Date
Cross Reference:
�riUG(� 1.4.0altmen D cror Date New Item: Yes No
a
dminls ative a r'es Director Previous Ord/Res #:
Mayor Date Orig Contract Date:
DJ REHAB-SW'BAS16301 .WPD
Meeting Date: December 19, 2000 STAFF REVIEW FORM Page 2
Description: Sewer Claim Settlement, 3260 Kings Cross
Comments:
Budget Coordinator:
Accounting Manager:
City Attorney:
Purchasing Officer:
ADA Coordinator:
Internal Auditor:
Reference Comments:
I.J a:n?S,Yri1:LRYM10A i�.
RESOLUTION NO. 174_00
A RESOLUTION APPROVING A SETTLEMENT OF THE
SEWER BACK-UP CLAIM AT 3260 KINGS CROSS IN THE
MAXIMUM AMOUNT OF $24,124.89 AND APPROVAL OF A
BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves a settlement of the sewer back-up
claim at 3260 Kings Cross in the maximum amount of $24,124.89. A copy of the claim is attached
hereto marked Exhibit "A" and made a part hereof.
Section 2. The City Council hereby approves a budget adjustment in the amount of
$24,125 increasing Sewer Self Insur, Acct. No. 5400 4410 5311 00 by decreasing Sewer Const.
Mat'ls, Acct. No. 5400 4410 5216 00. A copy of the budget adjustment is attached marked Exhibit
"B" and made a part hereof.
PASSED AND APPROVED this 19th day of December , 2000.
APPROVED n��'/'
By: �/
Fred Hanna, Mayor
ATTES . f /
`f/ s
Heather Woodruff, City Clerk