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HomeMy WebLinkAbout109-14 RESOLUTIONRESOLUTION NO. 109-14 A RESOLUTION PURSUANT TO FAYETTEVILLE CODE OF ORDINANCES SECTION 39.10(C)(4) TO AUTHORIZE THE MAYOR TO PAY $25,552.15 TO STEPHEN AND BONNIE G. TURNER FOR A WASTEWATER DAMAGE CLAIM ARISING AT 1532 N. HILLCREST AVENUE, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, pursuant to the Fayetteville Code of Ordinances Section 39.10(C)(4), the City Council may, in extraordinary cases, approve an exemption from the normal cap of $20,000.00 for payment of water or wastewater damage claims; and WHEREAS, the City Council of the City of Fayetteville, Arkansas has determined by a two-thirds majority vote that this claim constitutes such an extraordinary case. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, pursuant to Fayetteville Code of Ordinances subsection 39.10(C)(4), authorizes the Mayor to pay $25,552.15 to Stephen and Bonnie G. Turner for a wastewater damage claim arising at 1532 N. Hillcrest Avenue. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 3`d day of June, 2014. A T)TITI /ll 7T.'Tl _ ATTEST: By:AozI4—_&Ima SONDRA E. SMITH, City Clerk/Treasurer T ice. FgY,677eV/4 4 "••M City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division: Water & Sewer Maintenance Adjustment Number 2014 Dept.: Utilities Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A BA is needed in the sewer claims operations account to cover the sewer overflow claim at 1532 N Hillcrest. COUNCIL DATE: 6/3/2014 LEGISTAR FILE ID#: 2014-0231 2,6 fA Budget Director Date TYPE: DESCRIPTION: GLDATE: RESOLUTION/ORDINANCE POSTED: TOTAL - _ v.20140428 Increase / (Decrease) Project.Sub# Account. Number Expense Revenue Project Sub AT Account Name 5400.4410.5311.04 4,000 - EX Insurance Self - Non Vehicle Damage 5400.4310.5311.04 (4,000) - EX Insurance Self - Non Vehicle Damage EXHIBIT a a L:\Agenda Items\1532 N Hillcrest Sewer Claim\BA - 1532 N Hillcrest Sewer Claim 1 of 1 Tim Nyander Submitted By City of Fayetteville Item Review Form 2014-0231 Legistar File Number June 3, 2014 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Utilities Department Approving a claim settlement for wastewater damage with Bonnie G. Turner, 1532 Hillcrest, for $24,445.61, and approving a budget adjustment. Does this item have a cost? $25,552.15 Cost of this request 5400.4410.5311.04 Account Number N/A Project Number $25,417.98 Category or Project Budget Funds Used to Date -$134.17 Remaining Balance Self Insurance - Non Vehicle Program or Project Name Sewer Mains Maintenance Program or Project Category Water/Sewer Fund Name Budgeted Item? Yes Budget Adjustment Attached? YeS V20130812 Previous Ordinance or Resolution # Original Contract Number: Com n (20� (�{ BEA OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Paul Becker, Finance Directc FROM: Kit Williams, City Attorni DATE: May 27, 2014 RE: Water damage claim in excess of $20,000.00 Pursuant to § 39.10(C)(4): Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal "The Mayor may request the City Council to authorize an amount greater than $8,000.00 by Resolution, but in no case shall the City pay more than $20,000.00 pursuant to this claims procedure for a damage claim related to a water or wastewater utility infrastructure occurrence unless in an extraordinary case the Mayor recommends and the City Council by two-thirds majority approves an exemption from the $20,000.00 damage cap and approves a payment up to $40,000.00." By approving an agenda item to pay $25,552.15 for this water/ sewer damage claim, the mayor is recommending this payment to the City Council. If the City Council believes that this is "an extraordinary case" justifying an exemption of the normal limitation of $20,000.00, the "City Council by two-thirds majority" may approve this Resolution to pay $25,552.15. Six aldermen must vote in favor to pass the Resolution. Four aldermen with the Mayor supplying the fifth vote could pass a Resolution to pay $20,000.00. RESOLUTION NO. A RESOLUTION PURSUANT TO FAYETTEVILLE CODE OF ORDINANCES SECTION 39.10(C)(4) TO AUTHORIZE THE MAYOR TO PAY $25,552.15 TO STEPHEN AND BONNIE G. TURNER FOR A WASTEWATER DAMAGE CLAIM ARISING AT 1532 N. HILLCREST AVENUE, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, pursuant to the Fayetteville Code of Ordinances Section 39.10(C)(4), the City Council may, in extraordinary cases, approve an exemption from the normal cap of $20,000.00 for payment of water or wastewater damage claims; and WHEREAS, the City Council of the City of Fayetteville, Arkansas has determined by a two-thirds majority vote that this claim constitutes such an extraordinary case. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas, pursuant to Fayetteville Code of Ordinances subsection 39.10(C)(4), authorizes the Mayor to pay $25,552.15 to Stephen and Bonnie G. Turner for a wastewater damage claim arising at 1532 N. Hillcrest Avenue. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 3`d day of June, 2014. r.1991619"1 In ATTEST: M. LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: The undersigned do hereby acknowledge the receipt of Twenty Five Thousand Five Hundred Fifty Two dollars and Fifteen cents ($25,552.15), which sum is accepted in full compromise settlement and satisfaction of, and as sole consideration for the final release and discharge of all actions, rights, causes of action, claims and demands whatsoever, that now exist or may hereafter accrue against the City of Fayetteville, a municipal corporation, and the elected officials and employees thereof, charged or who or which may be charged with responsibility for injuries to the person and property of the undersigned, the treatment thereof, and all consequences flowing therefrom, as a result of an accident, casualty or event which occurred on or about the 51 day of April 2014, at or near 1532 N. Hillcrest Avenue, in the City of Fayetteville, Arkansas, and for which the undersigned claims the above -named parties are legally liable in damages (which legal liability and damages are disputed and denied), and acknowledging that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas, and; The undersigned warrants that no promise or inducement has been offered except as herein set forth; that this Release is executed without reliance upon any statement or representation by the party or parties released or their representatives or physicians concerning the nature and extent of any injuries or damages or legal liability therefor; that the undersigned are of legal age, are competent to execute this Release, and accept full responsibility therefor, and; The undersigned agree, as further consideration and inducement for this compromise settlement that it shall apply to all known, unknown and unanticipated injuries and damages resulting from said accident, casualty or event, as well as to those now asserted and disclosed. Witness our hands this day of June, 2014, at the City of Fayetteville, Arkansas, County of Washington. 0W Stephen Turner 1532 N. Hillcrest Avenue Fayetteville, AR 72701 STATE OF ARKANSAS COUNTY OF WASHINGTON I� ACKNOWLEDGMENT Bonnie Turner 1532 N. Hillcrest Avenue Fayetteville, AR 72701 On this the day of June 2014, before me, , a Notary Public, personally appeared STEPHEN TURNER and BONNIE TURNER, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. Notary Public My commission expires: CITY OF • ae eV ARKANSAS CITY COON IL AGENDA MEMO MEETING DATE OF e, 2014 To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: Tim Nyander, Interim Director for Water and Sewer Functions Date: May 19th, 2014 Subject: Claim Settlement — Mrs. Bonnie G. Turner, 1532 Hillcrest RECOMMENDATION City Administration recommends approving a claim settlement for water damage with Bonnie G. Turner, 1532 Hillcrest, for $25,552.15 and approving a budget adjustment. BACKGROUND At approximately 11:30 AM on Saturday, April 5, 2014, there was a wastewater blockage caused by roots in the sewer main on Hillcrest. The blockage caused the sewer main to backup surcharge. 1532 Hillcrest has a basement that is at or below grade of sewer main. Wastewater began to flow form the City sewer main into the private sewer line at 1532 Hillcrest and into the basement of the residence. Sewer poppers were previously installed by the City in the residential clean out, but due to the grade of the basement were ineffective. The owners contacted a plumber and later contacted the City. City Staff removed the blockage returning the sewer main to normal flow. City crews later televised, root cut and applied root killer to the sewer main. Ordinance 5504 identifies the water and wastewater claims process. Normally in a situation as this, City Crews will contact a licensed, accredited restoration service company to clean and disinfect the affected areas, and the Water and Sewer Division will be directly billed by the restoration service contractor. Mrs. Turner however informed City Staff on site that she had already contacted a restoration service company that she had a previous relationship with and would be using them. In that the restoration service Mrs. Turner contacted me the licensed, accredited criteria, the company affected the cleanup and disinfection, as well as provided a quote for restoration construction. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION City Staff have worked out with Mrs. Turner to pay for the restoration service and replacement construction costs. Per the attached acceptance document, Mrs. Turner agrees to this settlement, provided it is approved by the City Council. BUDGETIMPACT The budget adjustment moves funds into the sewer mains maintenance self-insurance account. This single claim is higher that normal annual funding provided for these type of events. 2 4lreni Ile CITY OF FAYETPEVILLE CLAIM FORM i INSTRUCTIONS: Complete this form clearly stating the reason for the claim, amount you are claiming, all contact information; and attach appropriate documentation including receipts, estimates, photos, etc. Substantive documentation (written estimates and/or receipts, proof of incident, eta) MUST be provided to establish all monetary values. Additional sheets may be added. Failure to provide all information and fully substantiate your claim will result in the claim being rejected. Filing a claim does not imply approval: claims will be investigated before a decision is rendered, claims received more than 30 days after the incident will be rejected. Claims containing inaccurate or frau tlftb be rejected. Picase mail to or hand -deliver documents to: tt,,��rr City Administration Building, Attention: Mayor's Office 113 W. Mountain, Fayetteville, AR 72701 APR 2 3 2014 Phone 479-5754M Fax 479-575-S257 CLAIMANT INFORMATION MAYOR'S OF FAYETTEVILLE (Please print neatly) MAYOR'S OFFICE Full Name:%(,/.�it/tii2i 9.U/Et' Email Address: blOw»y/r Last Name, First Ndft, MMe initial T StreetAddress:_�_.�� city, state & zip: ZA 703 Daytime Phone Number: V79- yloG 2 0 Yr ' Alternate Phone Number: INCIDENT INFORMATION Address/Location of Occurrence: %tf3A—, /.�L , � �� N�t/�l'Z 7.22413 Date and Time of Occurrence:Amount Being Claimed: S Nature of Occurrence: ewer Backup Water Street Related Other: Do you have insurance which covers your damage in this incident? 2V CJ Deductible Amt. S_P' The City will not pay a claim in an amount exceeding a Claimant's insurance deductible, if covered. The undersigned hereby files a claim against the City of Fayetteville, Arkansas for the following reason(s): (attached additional sheet if necessary) -- �t' C/! to O,� yi4t9i 1/1r d� if t✓ i'SlA/F%/ ll�t/f� f?iJl�<'/t L/� ©�I� �Cr'17C�vi rl fi e+ c fAi ty? ,2Aiti—�s r� r�2y�2t 4,.Vyam..-.1 �f„� iX%isi2c'S An.�.� s'.7n�7c..1`s,�pn.V� ,,�c`s-..�i�' ^is✓7f i�'n�� S/�>tl�l.- ! r Bysigningbelow, l acknowledge that the above -provided information is true and correct to the best of my knowledge and belief. Ciai is S' atur Date 5/railed area for 00� .stgf f use ony i} 2 Received by Date Receiv d OCV ,� 1.) Referred to f Date -1f G b- o-- Depart t Director Signature Date Accepted Amount Account # Denied 531 .D-. 3" Complete Restoration Repair Move Baseboard Contents Isales Cabinetry Toilet Trim Drywall Paint Carpet Casing Salvaged Miscl Tax Total Bathroom ** 290.99 282.48 41.65 35.26 103.52 1074.92 Closet 104.72 156.27 108.28 116.65 Laundry Room 15.04 35.34 36.00 Kitchen (Sewing Room) 140.34 143.69 242.52 177.39 35.62 183.43 Sunroom 133.25 262.60 207.28 Hallway 158.47 65.79 99.79 Bedroom 292.51 182.81 129.78 811.43 36.00 Gameroom (Music Studio & Den) 3,500.60 339.46 64.82 31.08 2,018.94 176.16 Stairs 13.36 18.48 233.00 Totals 3,931.93 282.48 1,242.15 1,028.63 653.81 3,279.81 319.04 183.43 103.52 1,074.92 12.099.72 Adjustment for Vanity & Toilet 1,106.54 1,106.54 5,038.47 13, 206.26 ** Complete Restoration made an error on the Bathroom Vanity and toilet. These will not be "reset" because they were torn out in the mitigation and destroyed. The quote I have For the vanity and the built ins is $4,898.13 for both. I have not priced out the toilet and installation yet. Complete Restoration Inc. P.O. Box 162 Springdale, AR. 72765 800-242-4414 or 479-756-5383 - Fax(479) 751-6401 Tax ID 71-0710869 * crcadmin@cox-intemet.com Client: Stephen Turner (Sewer Mitigation) Home: Hilicrest Ave Fayetteville, AR 72703 Operator: CRCADMIN Estimator: Bob Lively Position: Project Manager Company: Complete Fire & Water Damage Inc. Business: P. O. Box 162 Springdale, AR 72765 Type of Estimate: Sewage Date Entered: 4`7/2014 Date Assigned: 4/5/2014 Date Est. Completed: 4/ 10,12014 Date Job Completed: Price List: ARFA8X APR14 Labor Efficiency: Restoration/Service/Remodel Estimate: TURNER4404REPAIR THIS IS A STATEMENT FOR EMERGENCY SEWER DAMAGE CLEANUP. Home: (479) 444-7467 Business: (479) 756-5383 E-mail: Genek@cox-intemet.com Complete Restoration Inc. P.O. Box 162 Springdale, AR. 72765 800-242-4414 or 479-756-5383 - Fax(479) 751-6401 Tax ID 71-0710869 * crcadmin@cox-internet.com TURNER4404REPAIR Basement Bathroom Door 2' 4" X 6' 8" Window 2' 10" X 1' 6" DESCRIPTION Height: 8' Opens into HALLWAY Opens into Exterior QTY UNIT PRICE TOTAL I. Toilet - Detach 1.00 EA @ 29.25 = 29.25 2. Water extract from hard surf fir - Cat 3 wtr - aft bus hrs 76.91 SF @ 1.02 = 78.45 3. Apply anti -microbial agent - after hours 364.57 SF @ 0.23 = 83.85 4. Air mover (per 24 hour period) - 1 dryer - 3 days 3.00 EA @ 26.14 = 78.42 5. Dehumidifier (per 24 hour period) - 1 D.H. - 3 days 3.00 EA @ 57.12 = 171.36 6. Deodorize building - Ozone treatment 615.31 CF @ 0.03 = 18.46 Heat, Vent, & Cool Door DESCRIPTION Height: 8' 2' 8" X 6' 8" Opens into GAME ROOM QTY UNIT PRICE TOTAL 7. Apply anti -microbial agent - after hours 124.89 SF @ 0.23 = 28.72 8. Air mover (per 24 hour period) - 1 dryer - 3 days 3.00 EA @ 26.14 = 78.42 Closet Door DESCRIPTION Height: 8' 2' 6" X 6' 8" Opens into GAME -ROOM QTY UNIT PRICE TOTAL 9. Tear out wet non-saiv. cpt, no bag -Cat 3 wtr-aft bus. hrs 30.61 SF @ 0.42 = 12.86 10. Tear out wet carpet pad, no bag - Cat 3 wtr - aft.bus.hrs 30.61 SF @ 0.20 = 6.12 11. Tear out wet drywall, cleanup, bag, LF - 2' Cat 3 aft hrs 21.07 LF @ 4.34 = 91.44 12. Water extract from hard surf fir - Cat 3 wtr - aft bus hrs 30.61 SF @ 1.02 = 31.22 13. Baseboard - Detach 21.07 LF @ 0.71 = 14.96 14. Apply anti -microbial agent - after hours 202.48 SF @ 0.23 = 46.57 15. Air mover (per 24 hour period) - 1 dryer - 3 days 3.00 EA @ 26.14 = 78.42 16. Tear out non-salv. vinyl tile, cut & bag for disp. Cat 3 30.61 SF @ 1.34 = 41.02 17. Apply anti -microbial agent 202.48 SF @ 0.16 = 32.40 Apply second trip after vinyl file removal 18. Deodorize building - Ozone treatment 244.91 CF @ 0.03 = 7.35 TURNER4404REPAIR 4/1012014 Page:2 Complete Restoration Inc. P.O. Box 162 Springdale, AR. 72765 800-242-4414 or 479-756-5383 - Fax(479) 751-6401 Tax 1D 71-0710869 * crcadmin@cox-internet.com Laundry Room Door Window Door DESCRIPTION 2'8"X6'8„ XVX4' 2.8"X6'8" Height: 8' Opens into KITCHEN Opens into Exterior Opens into Exterior QTY UNIT PRICE TOTAL 19. Apply anti -microbial agent - after hours 260.78 SF @ 0.23 = 59.98 20. Air mover (per 24 hour period) - 2 dryers - 3 days 6.00 EA @ 26.14 = 156.84 21. Deodorize building - Ozone treatment 464.00 CF @ 0.03 = 13.92 Kitchen Door Missing Walt Missing Wall Door DESCRIPTION Height: 8' 2' 6" X 6' 8" Opens into HOT -WATER -TA 14' 10 5/8" X 8' Opens into GAME -ROOM 1' 10" X 8' Opens into GAME -ROOM 2' 8" X 6' 8" Opens into LAUNDRY ROOM QTY UNIT PRICE TOTAL 22. Tear out wet drywall, cleanup, bag, LF - 2' Cat 3 aft hrs 26.50 LF @ 4.34 = 115.01 23. Drill holes for wall cavity drying 8.00 EA @ 0.34 = 2.72 24. Baseboard - Detach 48.39 LF @ 0.71= 34.36 25. Apply anti -microbial agent - after hours 636.57 SF @ 0.23 = 146.41 26. Air mover (per 24 hour period) -3 dryers - 3 days 9.00 EA @ 26.14 = 235.26 27. Deodorize building - Ozone treatment 1,892.36 CF @ 0.03 = 56.77 Sun Room Missing Wall - Goes to Floor Window Window Window Window Window Door Window Window Window Window TURNER4404REPAIR Height: 8' 8' 8" X 6' 8" Opens into GAME ROOM 1' 4" X 6' Opens into Exterior 1' 4" X 6' Opens into Exterior 1' 4" X 6' Opens into Exterior 1' 4" X 6' Opens into Exterior 1' 4" X 6' Opens into Exterior 5' 11" X 6' 8" Opens into Exterior 1' 4" X 6' Opens into Exterior 1' 4" X 6' Opens into Exterior 1' 4" X 6' Opens into Exterior 1' 4" X 6' Opens into Exterior 4/ 10/2014 Page: 3 Z Complete Restoration Inc. P.O. Box 162 Springdale, AR. 72765 800-242-4414 or 479-756-5383 - Fax(479)751-6401 Tax ID 71-0710869 * crcadmin@cox-internet.com Window It 4" X 6' Opens into Exterior DESCRIPTION QTY UNIT PRICE TOTAL 28. Apply anti -microbial agent - after hours 342.72 SF @ 0.23 = 78.83 29. Air mover (per 24 hour period) - 2 dryers - 3 days 6.00 EA @ 26.14 = 156.84 30. Deodorize building - Ozone treatment 863.56 CF @ 0.03 = 25.91 Hallway Missing Wall Door Missing Wall Height: 8' 2' 71/2" X 8' Opens into STAIRS 21411 X 6' 8" Opens into BATHROOM 4' 2" X 8' Opens into GAME -ROOM QTY UNIT PRICE TOTAL 31. Tear out wet non -sale. cpt, no bag -Cat 3 wtr-aft bus. hrs 30.99 SF @ 0.42 = 13.02 32. Tear out wet carpet pad, no bag - Cat 3 wtr - aft.bus.hrs 30.99 SF @ 0.20 = 6.20 33. Tear out wet drywall, cleanup, bag, LF - 2' Cat 3 aft hrs 5.67 LF @ 4.34 = 24.61 34. Water extract from hard surf flr - Cat 3 wtr - aft bus hrs 30.99 SF @ 1.02 = 31.61 35. Baseboard - Detach 14.37 LF @ 0.71 = 10.20 36. Apply anti -microbial agent - after hours 149.09 SF @ 0.23 = 34.29 37. Air mover (per 24 hour period) - 3 dryers - 3 days 9.00 EA @ 26.14 = 235.26 38. Tear out non -salt'. vinyl tile, cut & bag for disp. Cat 3 30.99 SF @ 1.34 = 41.53 39. Apply anti -microbial agent 149.09 SF @ 0.16 = 23.85 Apply second trip after vinyl file removal 40. Deodorize building - Ozone treatment 247.95 CF @ 0.03 = 7.44 Bedroom Height: 8' Window 2' 10" X 1' 6" Opens into Exterior Window 2' 10" X 1' 6" Opens into Exterior Door 2' 8" X 6' 8" Opens into GAME -ROOM DESCRIPTION QTY UNIT PRICE TOTAL 41. Tear out wet non-saiv. cpt, no bag -Cat 3 wtr-aft bus. hrs 212.97 SF @ 0.42 = 99.45 42. Tear out wet carpet pad, no bag - Cat 3 wtr - aft.bus.hrs 212.97 SF @ 0.20 = 42.59 43. Tear out wet drywall, cleanup, bag, LF - 2' Cat 3 aft hrs 25.75 LF @ 4.34 = 111.76 44. Water extract from hard surf flr - Cat 3 wtr - aft bus hrs 212.97 SF @ 1.02 = 217.23 45. Baseboard - Detach 55.83 LF @ 0.71 = 39.64 46. Apply anti -microbial agent - after hours 654.69 SF @ 0.23 = 150.58 47. Air mover (per 24 hour period) - 2 dryers - 3 days 6.00 EA @ 26.14 = 156.84 TURNER4404REPAIR 4/ 10/2014 Page: 4 Complete Restoration Inc. P.O. Box 162 Springdale, AR. 72765 800-242-4414 or 479-756-5383 - Fax(479) 751-6401 Tax ID 71-0710869 * crcadmin@cox-intemet.com DESCRIPTION CONTINUED - Bedroom QTY UNIT PRICE TOTAL 48. Tear out non -salt'. vinyl tile, cut & bag for disp. Cat 3 212.97 SF @ 1.34 = 285.38 49. Apply anti -microbial agent 654.69 SF @ 0.16 = 104.75 Apply second trip after vinyl the removal 50. Deodorize building - Ozone treatment 1,703.78 CF @ 0.03 = 51.11 Game room Window 3' X 4' Missing Wail - Goes to Floor 8' 8" X 6' 8" Missing Wall 1' 101, X 8' Missing Wall 14' 10 5/8" X 8' Door 2' 8" X 6' 8" Missing Wall 41201 X 8' Door 2' 6" X 6' 8" Door 2' 8" X 6' 8t' DESCRIPTION Height: 8' Opens into Exterior Opens into SUN _ROOM Opens into KITCHEN Opens into KITCHEN Opens into HEAT -VENT - Opens into HALLWAY Opens into CLOSET Opens into BEDROOM QTY UNIT PRICE TOTAL 51. Tear out wet non-salv. cpt, no bag -Cat 3 wtr-aft bus. hrs 505.16 SF @ 0.42 = 212.17 52. Tear out wet carpet pad, no bag - Cat 3 wtr - aft.bus.hrs 505.16 SF @ 0.20 = 101.03 53. Tear out wet drywall, cleanup, bag, LF - 2' Cat 3 aft hrs 34.85 LF @ 4.34 = 151.25 54. Apply anti -microbial agent - after hours 1,013.43 SF @ 0.23 = 233.09 55. Baseboard - Detach 62.28 LF @ 0.71 = 44.22 56. Air mover (per 24 hour period) - 4 dryers - 3 days 12.00 EA @ 26.14 = 313.68 57. Tear out non-salv. vinyl tile, cut & bag for disp. Cat 3 505.16 SF @ 1.34 = 676.91 58. Apply ant -microbial agent 1,013.43 SF @ 0.16 = 162.15 Apply second trip after vinyl tile removal 59. Dehumidifier (per 24 hour period) - 1 D.H. - 3 days 3.00 EA @ 57.12 = 171.36 60. Deodorize building - Ozone treatment 4,041.30 CF @ 0.03 = 121.24 Stairs Height:17' Missing Wall 2' 71/2" X 17' Opens into HALLWAY TURNER4404REPAIR 4/10/2014 Page:5 Complete Restoration Inc. P.O. Box 162 Springdale, AR. 72765 800-242-4414 or 479-756-5383 - Fax(479) 751-6401 Tax ID 71-0710869 * crcadmin@cox-internet.com Subroom: Landing (2) Missing Wall Missing Wall Subroom: Hot Water Tank (1) Missing Wall Missing Wall Door DESCRIPTION 2' 91/2" X 17' 2' 10 11116" X 17' 2' 10 11/16" X 17' 2 5/16" X 17' 2'6"X6'8" Height: 171 Opens Into STAIRS Opens into HOT -WATER -TA Height: 17' Opens into LANDING Opens into STAIRS Opens into KITCHEN QTY UNIT PRICE TOTAL 61. Tear out wet non-saly. cpt, no bag -Cat 3 wtr-aft bus. hrs 33.03 SF @ 0.42 = 13.87 62. Tear out wet carpet pad, no bag - Cat 3 wtr - aft.bus.hrs 33.03 SF @ 0.20 = 6.61 63. Apply anti -microbial agent - after hours 247.58 SF @ 0.23 = 56.94 General Provisions DESCRIPTION QTY UNIT PRICE TOTAL 64. Emergency service call - after business hours 1.00 EA @ 164.76 = 164.76 65. Haul debris - per pickup truck load - including dump fees 2.00 EA @ 92.94 = 185.88 66. Equipment decontamination charge - per piece of equipment 1.00 EA @ 26.94 = 26.94 67. Equipment setup, take down, and monitoring (hourly charge) 3.00 HR @ 39.23 = 117.69 68. Add for personal protective equipment - 5 persons 2 trips 10.00 EA @ 17.78 = 177.80 69. Personal protective gloves - Disposable (per pair) 15.00 EA @ 0.34 = 5.10 70. Add for HEPA filter (for negative air exhaust fan) 1.00 EA @ 182.44 = 182.44 71. Water Extraction & Remediation Technician - per hour 40.00 HR @ 78.36 = 3,134.40 72. Dumpster load - Approx. 12 yards, 1-3 tons of debris 1.00 EA @ 385.30 = 385.30 Vinyl tile and content debris 73. Content Manipulation charge - per hour 8.00 HR @ 24.37 = 194.96 move contents for vinyl tile removal. 74. Cleaning & Remediation - Supervisory - per hr 10.00 HR @ 82.38 = 823.80 TURNER4404REPAIR 4/10/2014 Page:6 Complete Restoration Inc. P.O. Box 162 Springdale, AR. 72765 800-242-4414 or 479-756-5383 - Fax(479) 751-6401 Tax ID 71-0710869 * crcadmin@cox-internet.com Grand Total Areas: 2,916.91 SF Walls 1,345.07 SF Floor 0.00 SF Long Wall 1,345.07 Floor Area 1,238.53 Exterior Wall Area 0.00 Surface Area 0.00 Total Ridge Length 1,317.61 SF Ceiling 149.45 SY Flooring 0.00 SF Short Wall 1,413.58 Total Area 155.50 Exterior Perimeter of Walls 0.00 Number of Squares 0.00 Total Hip Length 4,234.51 SF Walls and Ceiling 329.86 LF Floor Perimeter 383.94 LF Ceil. Perimeter 2,445.60 Interior Wall Area 0.00 Total Perimeter Length TURNER4404REPAIR 4/10/2014 Page:7 M Line Item Total Total Sales Tax Complete Restoration Inc. P.O. Box 162 Springdale, AR. 72763 800-242-4414 or 479-756-5383 - Fax(479) 751-(AOI Tax ID 71-0710869 " crcadmin(ie==cox-in(emet.com Replacement Cost Value Net Claim Bob Lively Project Manager Summary 11,353.07 992.82 $12,345.89 $12,345.89 TURNER4404REPAIR 4? 10/2014 Page: 8 Basement Basement TURNER4404REPAIR 4? f 0/2014 Pale: 9 RESOLUTION NO. RESOLUTION PURSUANT TO FAYETTEVILLE /DG INANCES SECTION 39.10(C)(4) TO AUTHORIZE THE PA $25,552.15 TO BONNIE G. TURNER IN SETTLEMENT OF CL ARISING AT 1532 N. HILLCREST AVENUE, AND TO PA ADJUSTMENT BE IT RE OLVED BY THE CITY COUNCIL OF FAYETTEVILLE, A NSAS: Section 1: That te\City Council of the City of I Fayetteville Code of Ordn s subsection 39.10(C)(4), auth to Bonnie G. Turner in settle nt of a wastewater damage Avenue. Section 2: That the City Co it of the CiV'esolul ayet budget adjustment, a copy of which is a hed tot PASSED and APPROVED this Yd dW of June, 2014. APPROVED: A EST: By: By: LIONELD JORDAN, ayor SONI eille, Arkansas, pursuant to the Mayor to pay $25,552.15 arising at 1532 N. Hillcrest le, Arkansas hereby approves a as Exhibit "A". SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division: water & Sewer Maintenance Adjustment Number ,,,� 14 Dept.: utilities �U\ Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A BA is neede In the sewer claims operations account to cover the sewer overflow claim at 1532 N illcrest. RESOLUTION/ORDINANCE TOTAL - Increase / Decrea , Account• Number Expense Rev nue ``` 5400.4410.5311.04 M 4,000 - 5400.4310.5311.04 _ (4,000) - COUNCIL DATE: LEGISTAR FILE ID#: Director TYPE: 6/3/2014 2014-0231 Date RIPTION: GLDATE: �OSTED: v.20140428 Project.Sub# roject Sub A Account Name EX I urance Self - Non Vehicle Damage EX Insu nce Self - Non Vehicle Damage L:\Agenda Items\1532 N Hillcrest Sewer Claim\BA - 1532 N Hillcrest Sewer Claim EXHIBIT 1 of 1 CITY OF • . a e evl e ARKANSAS Ma 19, 2014 Bonni G. Turner 1532 Hi rest Fayettevil, Arkansas 72703 Subject: Residential Claim, Wastewater Incident Dear Mrs. Turner: The City of Fayetteville ffers to settle your claim for the a unt of the adjusted rate of $25552.15 in accordanc with the City of Fayetteville O nance Number 5504. This offer is contingent upon a royal by the Mayor and Cit Council. In order to take this to the City Council, the attach acceptance/onSatsuirday, ds to be signed and returned to me. This offer is to reimburse you for estoratio your basement that was caused by'a backflow of wastewater from City sto your private sewer service. The event occurred approximately 1 •30 April 5, 2014. This offer does not include reimburse t for the installation of the backflow device that you installed on your private sewers rvice. Previously, City Staff had installed sewer poppers on your clean -out as is Di sion poll , but due to the depth of the private sewer line the poppers were in dive in pre nting a backflow incident in your basement. The City sincerely regrets a incident. To help prev t a possible recurrence of a backflow event, City sta elevised the sewer main, ro -cut the sewer main, and added root killing chemicals t he sewer main. Sincerely, City of IF Tim Nyq6der Water nd Sewer Operations Manager City Attorney Mailing Address: 113 W. Mountain Street www.fayetteville-acgov Fayetteville, AR 72701 CITY OF te-V I I le RKANSAS ACCEPTANCE OF OFFER The undersigne oes hereby accept the offer of $25,552.15 in full settlem t and satisfaction of, and as sole con 'deration for, the final release and discharge of all a ons, rights, causes of action, claims and de ands whatsoever that now exist or may herea accrue against the City of Fayetteville, a munic' al corporation, and the el/ae ficials an mployees thereof, charged or who or which ay be charged with resty for i ' ries to the person and property of the undersigne the treatment thereofcons quences following therefrom, as a result of the event whic occurred on or abouda of April, 2014 at or near 1532 Hillcrest, Fayetteville, Arkansa and for which thei ed claims the above -names parties are legally liable in damages (wh' h legal liability aages are disputed and denied), and acknowledging that nothing herein hall be constrlter, limit or otherwise compromise the immunity afforded the City of Fayett ille and the tion and Statutes of the State of Arkansas, and; The undersigned agrees as further col shall apply to all known, unknown and accident, casualty or event, as well as Signed this day of By: Bonnie G. Turner 1532 Hillcrest Fayetteville, Arka and inducement for this settlement, that is :ed injuries and damages resulting from said asserted and disclosed. 4 Mailing Address: 113 W. Mountain Street www.fayettevilie-ar.gov Fayetteville, AR 72701 RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: The undersigned do hereby acknowledge the receipt of Twenty Five Thousand Five Hundred Fifty Two dollars and Fifteen cents ($25,552.15), which sum is accepted in full compromise settlement and satisfaction of, and as sole consideration for the final release and discharge of all actions, rights, causes of action, claims and demands whatsoever, that now exist or may hereafter accrue against the City of Fayetteville, a municipal corporation, and the elected officials and employees thereof, charged or who or which may be charged with responsibility for injuries to the person and property of the undersigned, the treatment thereof, and all consequences flowing therefrom, as a result of an accident, casualty or event which occurred on or about the 5' day of April 2014, at or near 1532 N. Hillcrest Avenue, in the City of Fayetteville, Arkansas, and for which the undersigned claims the above -named parties are legally liable in damages (which legal liability and damages are disputed and denied), and acknowledging that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas, and; The undersigned warrants that no promise or inducement has been offered except as herein set forth; that this Release is executed without reliance upon any statement or representation by the party or parties released or their representatives or physicians concerning the nature and extent of any injuries or damages or legal liability therefor; that the undersigned are of legal age, are competent to execute this Release, and accept full responsibility therefor, and; The undersigned agree, as further consideration and inducement for this compromise settlement that it shall apply to all known, unknown and unanticipated injuries and damages resulting from said accident, casualty or event, as well as to those now asserted and disclosed. Witness our hands this /q TN day of June, 2014, at the City of Fayetteville, Arkansas, County of Washington. BY: A F4�= BY: Stepherl Turner 1532 N. Hillcrest Avenue Fayetteville, AR 72701 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON Bonnie Turner 1532 N. Hillcrest Avenue Fayetteville, AR 72701 On this the day of June 2014, before me, 73,4� .0 u U-V" , a Notary Public, personally appeared STEPHEN TURNER and BONNIE TURNER, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official / dl \\�X\�u u u urrriii -rI T M 'ii,� Not T Public P Q ... V 1239*?0 O� _ A Z UBL IC OHO 6`c0 RES COUN,/01/11111111 TV1\\\P�\,\\\` My commission expires: � -2--°_S