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HomeMy WebLinkAbout271-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 271-18 File Number: 2018-0686 PATHWAY BAPTIST CHURCH DAMAGE CLAIM: A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $10,079.00 TO PATHWAY BAPTIST CHURCH FOR A WATER DAMAGE CLAIM ARISING AT 3395 WEST MOUNT COMFORT ROAD WHEREAS, pursuant to the §39.10(C)(4) of the City Code, the City Council must approve the payment of water damage claims exceeding $8,000.00. 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 § 39.10(C)(4) of the Fayetteville City Code, authorizes the Mayor to pay $10,079.00 to Pathway Baptist Church, an Arkansas non profit corporation, for a water damage claim arising at 3395 West Mount Comfort Road. PASSED and APPROVED on 12/18/2018 Page 1 Attest: 6 '�Ldyl Sondra E. Smith, City Clerk Treasurer %%%I 11; 11 it►►►► ■1��t �R •1 Tf? 0'0. 0; FAY Ef-f EVi LLL • .-,-z • � w • •phk �{�P±� � yv JAI f/��� JPrh�c�{�?119118 df City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 _ (479) 575-8323 '• Text File -- File Number: 2018-0686 Agenda Date: 12/18/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 23 PATHWAY BAPTIST CHURCH DAMAGE CLAIM: A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $10,079.00 TO PATHWAY BAPTIST CHURCH FOR A WATER DAMAGE CLAIM ARISING AT 3395 WEST MOUNT COMFORT ROAD WHEREAS, pursuant to the §39.10(C)(4) of the City Code, the City Council must approve the payment of water damage claims exceeding $8,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section is That the City Council of the City of Fayetteville, Arkansas, pursuant to § 39.10(C)(4) of the Fayetteville City Code, authorizes the Mayor to pay $10,079.00 to Pathway Baptist Church, an Arkansas non profit corporation, for a water damage claim arising at 3395 West Mount Comfort Road. City of Fayetteville, Arkansas Page 1 Printed on 17119/2018 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2018-0686 Legistar File ID 12/18/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/28/2018 WATER SEWER (720) Submitted Date Action Recommendation: Division / Department Staff recommends the approval of a claim settlement for water damages with Jeremy Flanagan, c/o Pathway Baptist Church in the amount of $10,079.00. 5400.720.4310-5311.04 Account Number N/A Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Water and Sewer Fund N/A Project Title $ 11,782.22 11,782.22 1 $ 10,079.00 Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF: _ FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 18, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: November 29, 2018 CITY COUNCIL MEMO SUBJECT: Claim Settlement — Mr. Jeremy Flanagan, Pathway Baptist Church RECOMMENDATION: City Administration recommends approval of a claim settlement for water damages with Jeremy Flanagan, c/o Pathway Baptist Church, 3395 W. Mount Comfort Rd. in Fayetteville in the amount of $10,079.00. BACKGROUND: At approximately 9:00 AM on Wednesday, January 10, 2018 a City Water/Sewer crew was making a 1" water tap on a 12" PVC water main. When the tap was made the water main burst. Before the crew could turn off the valves supplying the main flooding occurred on the property of Pathway Baptist Church, which was under construction. Water did not enter any structures but did damage an outside air conditioning condenser. Additionally, a newly filled trench was washed out, silt fencing was washed away, top soil and shrubs were disturbed, a gravel parking area was damaged, and the sediment pond was filled with debris and damaged. The broken water main was repaired by City Water/Sewer crews. Mr. Flanagan used his current contractors to make needed repairs caused by the water break because they were currently on site and contracted for the construction project. Mr. Flanagan was made aware of items not reimbursable, as stated in City Code Section 39.10, and signed an Acceptance of Offer. DISCUSSION: Mr. Flanagan has provided all requested invoices, insurance letters, signed acceptance offer, and documentation to support the filed claim. City Staff has verified damages, repairs, and paid invoices as reimbursable expenses, provided it is approved by the City Council. BUDGET/STAFF IMPACT: Funds are available in the water maintenance self-insurance account. Attachments: Approval Letter and Signed Acceptance of Offer City Code Section 39.10 Statement of City Crew Pathway Baptist Church Cost Documentation Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS November 13, 2018 Mr. Jeremy Flanagan c/o Pathway Baptist Church 3395 W. Mount Comfort Rd. Fayetteville, AR 72704 Subject: Damage Claim, Water Incident Dear Mr. Flanagan, The City of Fayetteville is in receipt of your claim form concerning a water main break on January 10, 2018 at Pathway Baptist Church, 3395 W. Mount Comfort Rd. in Fayetteville. A 12" PVC water main broke while a City crew was making a 1" tap. This resulted in flooding and damages to your property. The City of Fayetteville offers to settle your claim for the amount of $10,079.00 by reimbursing you directly for qualified expenses related to this damage claim. In accordance with the City of Fayetteville Ordinance Number 5504, this offer is contingent upon approval by the Mayor and City Council. In order to take this to City Council the attached acceptance of offer needs to be signed and returned to me. We regret any inconvenience this may have caused. If we may be of service to you in any other way, please do not hesitate to call us at 479-575-8386. Sincerely, City of Fayetteville f Tim yander Utilities Director Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY OF FAYETTEVILLE ARKANSAS ACCEPTANCE OF OFFER The undersigned does hereby accept the offer, contingent upon final approval by the Fayetteville City Council, of $10,079.00 in full 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 following therefrom, as a result of the event which occurred on or about the 10th day of January, 2018 at or near 3395 W. Mount Comfort Rd., Fayetteville, Arkansas, and for which the undersigned claims the above -names 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 the immunity afforded the City of Fayetteville and the Constitution and Statutes of the State of Arkansas, and; The undersigned agrees as further consideration and inducement for this settlement, that is shall apply to all known, unknown and unanticipated injuries and damages resulting from said accident, casualty or event, as well as those now asserted and disclosed. Signed this .z day of a v C m , 2018 By: remy Fla an f c/o Pathwa Baptist Church 3395 W. Mount Comfort Rd. Fayetteville, Arkansas 72704 Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www, fayettev i I I e -a r.g ov Fayetteville, AR Code of Ordinances 39.10 - Water And Wastewater Damage Claims (A) Establishment of Property Damage Claim Compensation Policy. (1) Without waiving its statutory sovereign immunity, the city establishes the following voluntary policy governing the permissible payment of reasonable compensation for property damage claims proximately caused by a failure of the municipally owned water or wastewater infrastructure system that results in a trespass into and damage to private property. (B) Requirements for Property Damage Claims To Be Eligible for Compensation. (1) The cause of the damage must be directly attributed to a failure of municipal infrastructure owned and operated by the Fayetteville Water and Wastewater utility, and cannot be associated with or caused by a private sewer or water connection or service line. (2) The failure must not be caused by factors beyond the city's control such as loss of electrical service; flooding of its infrastructure; acts of third parties; failure of claimants to properly maintain protective devices (back flow valves, check valves, clean out caps, etc.); acts of God; and other circumstances beyond the city's control. (3) A claim form must be completed in writing and submitted to the Mayor's Office within thirty (30) days of property damage occurrence. Claim forms may be supplemented later with additional information, bills, etc. as allowed by the Utilities Director of the City of Fayetteville. Failure to submit the initial claim form within thirty (30) days of the incident terminates the claimant's opportunity to request compensation. (4) When a possible water leak claim has been promptly called to the attention of water and sewer staff who initially could not detect or determine the cause of such leak which then caused the property owner to invest in sump pumps and/or other reasonable measures to protect its property, compensation for such property damage prevention efforts may be paid pursuant to this article if a compensable water leak is later discovered or confirmed by city staff. (C) Limitation of Any Compensation That Might Be Paid. about:blank (1) Because the City of Fayetteville is protected by sovereign immunity, the city shall pay no compensation for any alleged damage associated with or related to any alleged personal injury (except a medical insurance deductible or co -payment) or any other damage except for property damage. (2) Compensation which may be paid for damage to property shall be limited to the cost of cleaning or repair of the damage or, in the event that the cost of cleaning or repair 1 of 2 1 11/13/2018, 11:09 AM Fayetteville, AR Code of Ordinances exceeds the fair market value of the subject property, less salvage value, compensation shall be limited to the fair market value of the damaged property less any salvage value. No compensation shall be paid for inconvenience, loss of use, loss of profits or rents, consequential damages, or anything other than cleaning, repair or replacement of property, and, in extreme cases, dislocation expenses not to exceed three (3) days. about:blank (3) No payment by the city may accrue to the benefit, directly or indirectly, of an insurance carrier, nor for any damage if such is covered by any insurance policy. If the insurance company waives any subrogation right, the city may pay an amount equal to the deductible already paid by the claimant for a property damage claim. Claimants shall be required to provide documents satisfactory to the city establishing their insurance coverage or lack thereof for any claim. (4) The Utilities Department Director may not authorize any payment greater than $8,000.00 for any claim pursuant to this section. 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 ( 2/3 ) majority approves an exemption from the $20,000.00 damage cap and approves a payment up to $40,000.00. (5) This subsection does not pertain to nor affect in any manner the motor vehicle liability insurance requirements of A.C.A. §21-9-303 nor the claims procedure and limitations to comply with that state law. (D) Discretion of the City. (1) The city acting through its Utilities Department Director has complete and sole discretion whether or not to pay any compensation pursuant to this section if the claimant has properly and timely submitted the claim form and all necessary documentation. This section provides no right to compensation for any claimant, nor any right to appeal to the Mayor or City Council. (E) Re/ease Required if Compensation Paid. (1) If the city offers to pay any compensation pursuant to this section, the claimant must sign a full release to receive the compensation offered by the city. (Ord. No. 5504, 6-5-12; Ord. No. 5938, §1, 12-20-16) 2 of 2 11/13/2018, 11:09 AM Statement of City Crew January 10, 2018 3395 W. Mount Comfort Rd. When the crew was making the 1" tap on a 12" PVC water main, the 12" PVC main was over belled causing the pipe to be in a bind which in turn split the main out about 8'. Before the crew could get to the valves and shut the main down water went across the yard around both sides of the house. A water yard line was just laid on the eastside of the house, and it washed their ditch out about 4" deep and 8" wide. It also filled another ditch line that was open. Water washed across the gravel pad behind the house which did move some gravel. The detention pond was full of water. Water went up on both sides of the house a little bit. That is all that was seen after the main broke. The owner of the property stated that water did not get in the house and everything looked good. He also stated that the detention pond was full of water and that they are going to have to redo the detention pond anyway. He allowed the crew to get a couple tractor buckets off their spoil pile to put back in the hole. Clayton Willis — 02/14/2018 Harold W. Smith- 02/14/2018 Kenneth Thompson — 02/14/18 Documentation for Property Damages at 3335 W. Mt. Comfort Road Owner: Pathway Baptist Church Page 1: Amounts Requested / Changes to Estimates Page 2: Spreadsheet of Estimates & Actual Costs Page 3: Selection of Greg Miller for Site Work Page 4: Insurance Claim Denial from Brotherhood Mutual Page 5: Tomlinson Asphalt Invoice Page 6: GTS Invoice Page 7-9: Les Rogers Estimate & Invoice Page 10: Greg Miller Invoice Page 11: Cardinal Landscaping Receipt Documentation for Project Page 12: Cardinal Landscaping Ticket 266866 Page 13: Cardinal Landscaping Ticket 188575 Page 14: Cardinal Landscaping Ticket 123752 Page 15: Cardinal Landscaping Ticket 266857 Page 16: Cardinal Landscaping Ticket 266875 Page 17: Description of Damages to HVAC Condenser Unit Page 18-19: Documentation of Insurance Deductible Page 20: American Air Conditioning & Mechanical Quote Q-2444 Page 21: American Air Conditioning & Mechanical Invoice 18529 PATHWAY BAPTIST CHU.,ACH AMOUNTS REQUESTED FROM DAMAGES The following packet has both the original estimates and the amounts paid out for damages caused by flooding at 3335 W. Mt. Comfort Road and the parking expansion project immediately south of this property. The damages are broken into two separate items: a claim for property damage to the current house located at 3335 W. Mt. Comfort Road and to the parking expansion project and general surrounding area. Amount Requested for Property Damages: $1,000.00 Amount Requested for Construction Damages: $9,079.00 CHANGES TO ESTIMATES In regards to line item #12 on the Flooding Damages spreadsheet, the original estimate of $1,185 was lowered to an actual cost of $350. Line item #12 was to "Remove and dispose of sediment on aggregate base. Replace aggregate washed from the parking area and contaminated aggregate that will be removed." to be performed by Tomlinson Asphalt. Due to the determination by city officials and Jorgensen & Associates, the scope of this item was lessened resulting in the lower actual cost. Estimates for line items #7, #21, #22, and #23 performed by Tomlinson Asphalt were unchanged. In regards to the line item #17 on the Flooding Damages spreadsheet, the original estimate of $270 was increased to an actual cost of $390. Line item #17 was to "Replace damaged plants in the bio -pond" performed by Cardinal Landscaping. The original estimate did not cover the actual cost of the plants due to increases in some of the species being out of season causing the unavailability of their smaller size options, and more plants dying from the time of the initial estimate to the time when plants were replaced. The cost increase was $120 raising the amount to $390. 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The main reason for choosing Greg Miller to perform this task had to do with timing. The nature of the work to be completed — clean & grade yard around the house and site grading repairs around the retention pond — required working when the weather permitted and coordination with the landscaping company to ensure the dirt work could be immediately seeded / sodded to prevent washout. Since most of our subcontractors had already moved on to other jobs it was becoming difficult to coordinate schedules to ensure completion without risking damages caused by rains. We assumed that even though the damages were caused by the broken water line that the city would refuse to remedy any re -work needed caused by rains or other factors. It was our desire to have multiple mobilizations for the site work in order to ensure success which would have increased Les Rogers initial estimate and appeared to be difficult to schedule regardless of cost. For these reasons we asked Greg Miller to complete the work. He agreed to perform the tasks at the initial estimate Les Rogers provided even if his billable hours exceeded that amount. They did exceed the Les Rogers estimate but we paid him the agreed upon price. We had the sitework performed with multiple mobilizations in coordination with the landscaping company to ensure no work was damaged due to rains causing the need to be repeated. Greg had told us to hold payment until we received our reimbursement from the city but due to your need for closed out invoices, we made payment to him in full. A copy of that invoice and cancelled check are being provided with the other documentation. Sincerely, 7 Jeremy Flanagan, Pastor Pathway Baptist Church '"* BROTHERHOOD ki MDTDAL121� Z-f;' April 10, 2018 Pathway Baptist Attn: Jeremy Flanagan PO Box 9117 Fayetteville, AR 72703 Subject: Claim: Policy: _Date of Loss: Cause of Loss: Dear Mr. Flanagan: 554791 03MO374889 01/10/2018 Water Damage -Plumbing Thank you for speaking to me today about the damage to the parking lot under construction. As we discussed, your policy does not cover parking lots. Policy form BCP12B 4.1, Property Excluded and Limitations section, #6 states: "We do not cover a) land, including land on which the property is located; b) underground or surface water; c) growing crops or lawns, d) cost of excavations, grading or filling, e) paved outdoor surfaces, including driveways, parking lots, roads, curbs, bridges, and walks; or f) underground pipes, flues, and drains." Since the parking lot is not covered property, we cannot pay for any damage caused by the broken pipe or resulting flow of water. If you have any questions about the claim, please call me at 1-800-333- 3371, ext. 5389, Sincerely. ,S Rachel J Ford, CPCU, AIC Claims Adjuster II c: James Greene & Associates Inc 3793 6400 Brotherhood Way. P O. Rnx 2228 Fnrr Wavnr. IN 4KRn1-227.8 1 P.800.B3.3371 1 f.800.284.95791 brOtherhOodrInUIUal.COM Page 4 SPHALT�, 1411 W. Van Asche Fayetteville, AR 72704 Phone 479.521.3179 Fax 479.521.6539 Bill To: Pathway Baptist Church 3395 W. Mt. Comfort Rd. Fayetteville, AR 72704 NVO CE DATE: March 16, 2018 INVOICE #: 117148/1 Job #: 117148 Job Name: Repairs to New Parking Lot Expansion -----DE-SCRIPTION^ Final Billing Heavy Duty Paving $34,958.50 Light Duty Paving $21,708.00 Additional Repair Work $1,694.00 Haul Off Waste Dirt as Requested; 4 Hours of Trucking @ $75.00 / Hr- $300.00 Dump Fees $50.00 TOTAL DUE $53,7'10.50 Make all checks payable to Tomlinson Asphalt Co., Inc. If you have any questions concerning this invoice contact our billing department at (479)521-3179 THANK YOU FOR YOUR BUSINESSI Page 5 Invoice Date Invoice # 3/31/2018 23476 Bill To Pathway Baptist Church Greg Miller 3395 W. Mount Comfort Rd. Fayetteville, AR 72704 P.O. No. 17-11355 Pathway Baptist Parking Lot add— Date Description G TS, In c. Geotechnical & Testing Services Remit Payment To: P.O. Box 9898 Fayetteville, Arkansas 72703-0032 Phone: (479) 521-7645 Fax: (479) 521-6232 1. 1 Net 30 4/30/2018 Units I Rate I Amount i 1/24/2018 Staff Professional Engineer Proof Roll Observation: New Parking Lot 1.5 100.00 150.00 Report for Proof Roll Observation. 0.5 100.00 50.00 Professional Engineer in office time for Report Review 0.1 120.00 12.00 Mileage to and from the job site 3 0.57225 1.72 Travel Time to and from the job site 0.5 100.00 50.00 Subtotal Proof Roll 263.72 Prior to having this work performed I was given a quote of $200 by NZ On 4/4/18 1 spoke with Nathan over the phone about the amount of th I stressed that we wanted to do the right thing and did not have a prol full amount of the invoice, but that I felt to be fair to the church I need( amount is correct. Nathan said that he recalled our conversation and cost should not exceed $200. 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Excavating and Materials 3151 Ed Edwards Rd. Fayetteville, AR. 72701 IName /Address Greg Miller Pathway Church FV Ship To JOb 2325 Pathway Church Fayetteville, AR Estimate Date Estimate # 1/4/2018 4553 Project Description Total 415.) Re- grade and clean up area East of house, Excludes hand work in front yard. #17.) Remove and dispose of sediment on base in parking area. I think we would all be best served to allow thomlinson to remove all quantities that they will be replacing. It should 0.00 relieve any discrepancies between contractors. #20.) Bio/Detention pond repair. 2.510.0 424.) Restore and regrade topsoil storage as well as south end of job site. 425.) Demo necessary curb and replace. 0.00 Refer to #17 Washington County Sales Tax 0.00 Page 9 l Total Greg Miller INVOICE #: 20181030-1 6531 W Pagosa PI Fayetteville, AR 72704 Notes Amounts charged are per Estimate 4553 by Les Rogers Inc. Work hours using the tractor to be charged exceeded estimated figures by Les Rogers however amounts were kept to their initial estimate. Re -backfill water line ditch, (electrical ditch was open at the time of 1600.00 1600.00 the incident and has since been backfilled) clean & grade yard on the east side of the brown house. Site grading repairs. A significant amount of the topsoil from the 1045.00 1045.00 detention pond sides and our topsoil longterm storage area was deposited inside the detention pond or carried to the south end of the work area. This topsoil was restored to its appropriate location & re- graded. Pd. (�• � lie? Subtotal $2,645.00 Tax - 0% $0.00 Page 10 Customer or Business: Contact Name: V First &p476-1 CACWC,� Pet Last Address: 33.3.�1v. rlq. G!4"tom. �v", 1(2 _._ 7 % Street City �1 state ZIP Phone: �'f79 1�s - 3 3 Z Email: 1 et'(- L?s I -Com, T_ Type of Contract ❑ Landscaping/Maintenance UVI"ndividual Project Quote Services To ,Be': Qrovided. _ Rk/r End Date: �43 �ZO/ 0 Contract Dates _ Start Date: $ 0 0 Amount & Schedule47 s Customer Signature: Cardinal Landscaping : ❑ Monthly Wf ull Contract Pmt. Owner: Loren Smith Cardinal Landscaping (479) 200-0051 - ' 4277 W Patrick St lorenlsmith63@yahoo.com Fayetteville, AR 72704 Cardinal Landscapin�66866 °1617 Shetland Dr. Fayetteville AR 72704 479 -200 -ORI ORDER NO. j DEPARTMENT NAME CITY, STATE, ZJP SOLD BY CASH I C.O.D. CHARGE ON. ACCT. I MDSE. RETD. PAID OUT QUANTITY DESCRIPTION PRICE AMOUNT 1 J �m f i1 s 2 3 �a �I �� ��••ry ��3li0,CQ 4 QZI N t vw-s- /6 A70va 6 , VIP� 5 Vn 15o: 8 7 8 9 1 10 11 t 12 � 13 14 1 I 16 17 t Owl REC BY ° KEEP THIS SLIP FOR REFERENCE 01-11 Page 12 Cardinal Landscaping 1617 Shetland Dr. Fa etteville, AR 727088575 M-200-005'1 ('CUSTOMER'S ORDER NO. IDEPARTMENT IDATE ; /z5 I, f�, 1 NAME w ADDRESS CO, STATE,ZIP A s 4- C,."rC, . SOLD BY CASH I C.O:D. I CHARGE I ON. ACCT MDSE. RETD. PAID OUT QUANTITY DESCRIPTION PRICE AMOUNT 1 � 3 rr, e ar tiJ 4 O R Llr�l-7� r 7 � � 8 � 10 11 12 oil 13 ' 14 15 �� 10 —011 17 t 13 1 RECEIVED BY 46r KEEP THIS SLIP FOR REFERENCE Page 13 Cardinal Landscaping 1617 Shetland Dr, Farttevi Ile AR 7270423752 479-200-0091 'CUSTOMER'S ORDER NO. DEPARTMENT DATE3/ AME ADDRESS CITY, STATE, ZIP SOLD BY CASH I C.O.D. I CHARGE ON. ACCT. MDSE. RETD. PAID OUT QUANTITY DESCRIPTION PRICEMDJ AMDUNT 2 q 3 6 7 Au(JfueoeA-d 11 12 13 14 jI 15 16 17 0'."' 16 J V. RECEIVED BY W T-M;31A---" . . - -- -- --- - -- - - --- --- ---- -11 'M50 KEEP THIS SLIP FOR REFERENCE oi Page 14 Cardinal Landscaping 107 Shetland Dr. J66857 1 Fayetteville AR 7270 479-204-0091 CUSTOMER'S ORDER NO. DEPARTMENT 11AII NAME ADDRESS CITY, STATE, ZIP SOLD BY CASH C.O.D. I CHARGE ON.ACCT. MDSE. RETD. I PAID OUT QUANTITY i DESCRIPTION PRICE AMOUNT 1 2 lC� 3 r'o "j t) 4 5 �� D !� / o D 7 B 9 10 E 11 12 13 j 14 15 16 17 O 1B RECEIVED BY 2r483M KEEP THIS SLIP FOR REFERENCE °'" Page 15 Cardinal Landscapin 1 617 Shetland Dr. 166875 Fayetteville, AR 72704 479-200-4061 'CUSTOMER'S ORDER NO. DEPARTMENT DATE NAME Kwto— 0-lu /3434 0-IL4* atAf CL ADDRESS CITY, STATE, ZIP BY CASH I C.O.D. CWGE ON. ACCT MDSE. RETD. I PAID OUT J�SOLD QUAMTY DESCRIPTION PRICE AMOUNT 1 2 Ca , 3� 4F "I-IIy,�� f.. inn 60 5 Is 611i`�f` r t7 6 7 8 9 10 j 11 12 13 14 15 `/ 16 t 173F 18`� 1 0� RECEIVED BY +8M KEEP THIS SLIP FOR REFERENCE °' " Page 16 I♦ PAT H BAPTIST CH[�J�aRCH /�ryrClriYClry �+�+crR:;el f w DAMAGES TO AIR CONDITIONING UNIT The condenser unit to the HVAC system of the house located at 3335 W. Mt. Comfort Road was damaged to the point that repair was impractical and it had to be replaced. Due to city policy, they will not refund the entire cost of damage but instead will only pay the deductible of the homeowner's policy. The bid to replace the condenser unit was $1975.50. We have previously provided our homeowner's insurance policy declarations showing the deductible is $1,000 but we have attached it again in this packet. Since we had to replace the condenser we made the decision to replace the entire system as demonstrated on Invoice# 18529 from American Air Conditioning & Mechanical. The cost of replacing the condenser unit was included in that paid invoice. Sincerely, Jeremy Flanagan, Pastor Pathway Baptist Church Page 17 IQBrotherhood Mutual' Insurance Company MinistryFirstsm Commercial Multi -Peril Insurance Coverage Summary These are your policy's Declarations. Renewal of 03M5A0374889 PATHWAY BAPTIST PO Box 9117 Fayetteville, AR 72703-0020 NAMED INSURED PATHWAY BAPTIST POLICY NUMBER 03M5A0374889 POLICY PERIOD 12/29/2016 to 12/29/2019 at 12:01 a.m. Key Facts About Your Policy Policy Number 03MSA0374889 Brotherhood Mutual Insurance Company Print Date: November 15, 2016 Policy Period: 12/29/2016 to 12/29/2019 501-834-4001 James Greene & Associates Inc 3793-052 Dba Church Insurers 275 W Kiehl Sherwood, AR 72120-2815 Contact your agent with your customer service questions, including updating your policy or reporting a claim. www.brotherhoodmutual.com/payonline For your convenience, you can make premium payments online. These Declarations replace your previous ones. Your policy's Declarations contain a summary of the coverage contained in the insurance policy. Your policy contains a full explanation of your coverage. AGREEMENT. In return for the payment of the premium and subject to all the terms of the policy, we agree to provide the insurance stated in the policy. TYPE OF ORGANIZATION: Church Institution FORM OF ORGANIZATION: Corporation Policy Overview COVERAGE DESCRIPTION DETAILS COVERAGE DESCRIPTION DETAILS Property Coverage Page 2 - 5 Terrorism Premium $82 (See Notice Form BN6025A-D 3.1 for details) Liability Coverage Page 6 -10 Policy Premium Overview Form Number Reference This premium is subject to adjustment at each anniversary. This premium is subject to adjustment due to premium audit provision. ANNUAL PREMIUM: $6,583.00 PAYMENT SCHEDULE: See invoice. Common Policy Forms FORM FORM NAME CL1001.0 ...... .................. ..................... Common Policy Conditions ............................................................ CP1 1.0 ............................................ Table of Contents GL1001.0 ................................ ... ...................,.......................... Commercial Liability Coverage ........................................................ BCL301 1.0 Form Number Reference CL017811 01 ....................................... Amendator yEndorsement Arkansas .............................................................. BCL1001.1 ............•..........«. .......................................................................... Additional Policy Conditions M4512 09 ............................................................................................. Arkansas Policies BN6EXAR 1.0 Notice - Terrorism -Related Loss FORM FORM NAME CL3001.0 ................................... .............. Amendatory Endorsement ..... .... BCP100 4.0 ......................................................... ................................................. Commercial Property Coverage Conditions .............................................. ........00 4.1 ............... Breakdown Coverage Systems/Equipment.._........-- -• .................... BN11A 1.1 Customer Notice Value -Added Benefits BI 0 Notice Of Payment Related Charges G123 06 03 ......................... .. Notice Regarding Fire Protection ........... ....... ,.,.,............ ............................ ............... EX0606AR 1.0 ........................................................................................................... Conditional Terrorism Exclusion BN6025A-D 3.1 Notice Terrorism -Related Loss Brotherhood Mutual Insurance Company I www.brotherhoodmutual.com I 800.333.3735 I P.O. Box 2227, Fort Wayne, IN 46801-2227 ........................................._......._.-...-..... i�ag ........ e.,..18."" ...»....... __................................................................................... M1 DEC 09/16 Bear ye one another's burdens and so fulfill the law of Christ." Pa..of 10 Galatians 6:2 g NAMED INSURED PATHWAY BAPTIST POLICY NUMBER 03M5A0374889 Brotherhood Mutual' POLICY PERIOD 12/29/2016to12/29/2019 Insurance Company Property Coverage Summary MinistryFirsts" commercial multi -peril policy Declarations continued... We provide the Commercial Property coverage at the declared premise(s) for the coverage and limits indicated. The Coverages listed here are provided according to the terms of the designated coverage form and any other applicable forms or endorsements. Property Coverage Details PROPERTY DEDUCTIBLE $1,000• GLASS DEDUCTIBLE $1,000 Schedule of Locations LOCATION # DESCRIPTION ADDRESS 030iStudent Ministries 972 W Douglas St Fayetteville, AR 72701-3158 ........................................................:..........................:................................................. «..«............................................................................................................. 0401 Church 3395 W Mount Comfort Rd Fayetteville, AR 72704 .. ... ................. :.......... ........ ........... ................................. ...... ...:...:.:::::...:................... ........:........... ,.,.,......................................................................................................... 0501 3335 W Mount Comfort Rd Fayetteville, AR 72704-5724 Schedule of Buildings and Personal Property STUDENT MINISTRIES 972 W Douglas St Fayetteville, AR 72701-3158 LOCATION 0301 COVERAGE DESCRIPTION COVERAGE LIMIT COINSURANCE EQ DED VALUATION TYPE AUTO INCR PERIL TYPE FORM (INCL. TYPE OF PROPERTY) Personal Property $10,000 Agreed Amount N/A Replacement Cost 0% Special with Theft BCP85 4.0 CHURCH 3395 W Mount Comfort Rd Fayetteville, AR 72704 LOCATION 0401 Mortgagee Today's Bank PO Box 1807 Fayetteville, AR 72702-1807 ...........................................................................................D- --•.........................A''U"............................................................................... COVERAGE DESCRIPTION COVERAGE LIMIT COINSURANCE EQ DED VALUATION TYPE AUTO INCR PERIL TYPE FORM (INCL. TYPE OF PROPERTY) Building $1,563,000 Agreed Amount N/A Replacement Cost 0% Special with Theft BCP85 4.0 ........ ................ ............................................................................................................................. I .... I ..... .............. -..............................................................................I Personal Property $78,000 Agreed Amount N/A Replacement Cost 4% Special with Theft BCP85 4.0 OFFICE 3335 W Mount Comfort Rd Fayetteville, AR 72704-5724 LOCATION 0501 COVERAGE DESCRIPTION COVERAGE LIMIT COINSURANCE EQ DED VALUATION TYPE AUTO INCR PERIL TYPE FORM (INCL. TYPE OF PROPERTY) Building $158,000 Agreed Amount N/A Replacement Cost 0% Special with Theft BCP85 4.0 ......w .» .... ... r. ��.....ti..................................................................................... Personal Property $18,720 Agreed Amount N/A Replacement Cost 4 /o Special with Theft BCP85 4.0 Brotherhood Mutual Insurance Company I www.brotherhoodmutual.com I 800.333.3735 I P.O. Box 2227, Fort Wayne, IN 46801-2227 mage 1'9 M1 DEC 09/16 "Bear ye one another's burdens and5Q fulfill the law of Christ." — Ga.lotians 6'2' Page 2 of 10 P.O.Box 6145 Springdale, AR 72766 HVAC # 1081914 Air Condltlanina & MnOanlcal, Inc. Phone 479-872-0361 Fax 479-872-0423 STATE LICENSE # 0126600318 MP#6551 PROPOSAL January 31, 2018 Pathway Baptist Church 3395 W Mt. Comfort Road Fayetteville, AR 72704 Attn: Pastor Jeremy Subject: ac unit at Brown House Dear Pastor; After your request for us to check on the AC unit at Brown House we have found it to have lots of damage to fins on condenser coil. System is low on charge, most likely due to damaged condenser. We propose to different options for this unit. 1. If you only want to replace condenser it would be $13800.00 2. Replace entire system using gas furnace and no longer using hot water coil. $5,200.00 The above amount will be plus sales tax of 9.75%. The price above is to remove and install new condenser or new system. It does not include any controls, additional repairs, electrical connections, valves or any other work not specifically stated above. If you would like to discuss please feel free to call me at (479) 871-5286 or email me at Hvowl estalaam c i nc. c om . Thank you for this opportunity to work with you and your church. Regards, 4fxrr� Vowte-5 Harty Vowles Service Manager Q-2444 controls, additional repairs, electrical connections, valves or any other work not specifically stated above 4315 N. Thompson Street Springdale, AR 72764 Page 20 American Air Conditioning & Mechanical, Itic, 111.0. Box 6145 Springdale, AR 72766-6145 Bill To Pathway Baptist Church P. Q. Box 9117 Fayetteville, Alt 72703 Invoice Date Invoice # 6/29/2018 18529 HVAC #1081914 PLUMBING 9MP6551 State Conti -actors License #0126600319 P.O. No. I Project Terms Net 30 Broym House Description Rate AIrivu.nt Removed existing 3.5 to» systcm, replaced wills new 3.5 Eon 14 SEER heat pump 5,250.00 5,250.00T system. Condenser modes N4.H4420K(3101, shi E181525365, 4 ton air liandler model FEM4X4800BL, sln F180902241, 8 KW ltem strip model WKF0802B, sh► 28190050-004-004. Elevtrical work -power vire ran to breaker box for 220 volt. -Washixtgton Colimy-'S T, Fayetteville Sales Tax 2.00% 105.00 A. �s Sa...s'I`a .. ...... ... 6.. 0°/a ;J 1:'25 A 3% convenience fee will he add lin• the use of credit card payment. Phone # Fax # 1 479-872-0361 1 479-872-0423 1 We accept Visa & Mastercard Page 21 Total $5.761.88