The URL can be used to link to this page

Home My WebLink About282-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 282-22 File Number: 2022-1073 FRANKLIN EVARTS WATER DAMAGE CLAIM: A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $5,682.50 TO FRANKLIN EVARTS FOR WATER MAIN BREAK DAMAGE AT 11 WEST SOUTH STREET WHEREAS, pursuant to §39.10(C)(4) of the City Code, the City Council must approve the payment of water or sewer damage claims exceeding $10,000.00; and WHEREAS, the City has paid a total of $8,019.00 to Ecograss, Ron's Pool Service, American Leak Detection, and Triton Pools on a damage claim at 11 West South Street and the claimant is seeking reimbursement for additional costs of $5,682.50. 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 Mayor Jordan to pay the amount of $5,682.50 to Franklin Evarts for water main break damage at 11 West South Street in addition to the $8,019.00 the City has paid on this damage claim. PASSED and APPROVED on 12/6/2022 Page 1 Printed on 1217122 Resolution: 282-22 File Number: 2022-1073 Approv d: Attest: Lioneld Jord n, yor Kara Paxton, City Clerk Treasure►_g; fAYE77EV/L1 t ; a ��i�iO N i► 0��` Page 2 Printed on 1217122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-1073 Agenda Date: 12/6/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.13 FRANKLIN EVARTS WATER DAMAGE CLAIM: A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $5,682.50 TO FRANKLIN EVARTS FOR WATER MAIN BREAK DAMAGE AT 11 WEST SOUTH STREET WHEREAS, pursuant to §39.10(C)(4) of the City Code, the City Council must approve the payment of water or sewer damage claims exceeding $10,000.00; and WHEREAS, the City has paid a total of $8,019.00 to Ecograss, Ron's Pool Service, American Leak Detection, and Triton Pools on a damage claim at 11 West South Street and the claimant is seeking reimbursement for additional costs of $5,682.50. 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 Mayor Jordan to pay the amount of $5,682.50 to Franklin Evarts for water main break damage at 11 West South Street in addition to the $8,019.00 the City has paid on this damage claim. City of Fayetteville, Arkansas Page 1 Printed on 121712022 City of Fayetteville Staff Review Form 2022-1073 Legistar File ID 12/6/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 11/17/2022 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a damage claim payment to Franklin Evarts in the amount of $5,682.50 to reimburse him for damage occurring to his pool and landscaping at 11 W. South St. after a City water main break. Budget Impact: 5400.720.4310-5311.04 Account Number N/A Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Water and Sewer Fund N/A Project Title $ 317,435.00 $ 269,078.34 I $ 48,3S6.66 $ 5,682.50 Al 97A IC V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 6, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: November 17, 2022 CITY COUNCIL MEMO SUBJECT: Water Damage Claim — 11 W. South St. (Franklin Evarts) RECOMMENDATION: Staff recommends approval of a damage claim payment to Franklin Evarts in the amount of $5,682.50 to reimburse him for damage occurring to his pool and landscaping at 11 W. South St. after a City water main break. BACKGROUND: On September 12, 2021, a water main break occurred near 11 West South St. in Fayetteville, which resulted in damage to Franklin Evart's pool and landscaping. The City immediately fixed the water main break and then assessed the damage to the Evarts' pool and landscaping. The City paid for some of the repair expenses directly to the vendors, but the claimant also paid expenses that City staff requests to reimburse the claimant for since the water leak was the City's responsibility. DISCUSSION: The reimbursement payment staff is requesting to be paid to the claimant is $5,682.50, which would reimburse them for leak detection services and pool restoration services. The total amount for the damage claim is $13,701.50, which includes the previous City paid invoices and requested reimbursements to the claimant. The breakdown of City paid invoices and Claimant paid invoices is below: City Paid Claimant Paid Ecograss $999.00 American Leak Detection $475.00 Ron's Pool Service $1,095.00 American Leak Detection $1,900.00 American Leak Detection $325.00 American Leak Detection $125.00 Triton Pools $5,600.00 CertaPro $3,182.50 Total - City Paid $8,019.00 Total Reimbursement $5,682.50 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds are available in the Self -Insurance (non -vehicle) damage account within the Water & Sewer fund. Attachments: City Paid Invoices Claimant Paid Invoices (Requesting Reimbursement) Ecograss Landscaping 2615 Crabapple Springdale, AR 72764 (479) 502-7048 To: Aaron Watkins x Fayetteville , AR 72703 Item Softscaping - Maintenance / Clean Up Address: 11 W South St Fayetteville, Ar 72701 Removed sand from the flower beds Rake and blow Installed compost soil in the beds Put gravel between the rocks (sidewalk area) Hauled off leaves *No cleaning of pool* Notes Online payment is now available for your convenience or you may choose to mail checks to the following: 2615 Crabapple Ave Springdale, AR 72764 Please let us know if you have any questions/concerns. We appreciate your prompt payment and your business! to# ECOG RASS L a n d s c a p I n g Invoice # Invoice Date Payment Term Amount Due Quantity 11/01/21 1.0 Subtotal: Tax: Past Due Amount: Amount Due: 1646 11 /03/2021 Due On Receipt $999.00 Price Line Total $999.00 $999.00 $999.00 $0.00 $0.00 $999.00 Pay Online: https://www.yardbook.corn/127809/pay_now RON'S POOL SERVICE P.O. Box 8266 Fayetteville, AR 72703 479-263-7623 ronspoolserviceQa yahoo.com www.nwapoolservice.com INVOICE BILL TO Frank Evarts 11 W. South St. Fayetteville, AR 72701 PQ 1 C� INVOICE # 2165 DATE 11 /10/2021 E TERMS Due on receipt DATE DESCRIPTION OTY RATE AMOUNT 11/08/2021 Drained pool, removed debris and sediment, power washed pool 1 995.00 995.00 deck, vacuumed to waste after refilling Removed old and installed new hydrostatic valve in main drain 1 100.00 100.00 (part and labor) ................................................................................................................ BALANCE DUE $1,095.00 American Leak Detection of Northwest Arkansas, Inc. 199 Whitney Ave., Suite 2 New Haven, CT 06511 (479) 419-5199 csrnwar@americanleakdetection.com www.americanleakdetection.com BILL TO Franklin Evarts 11 West South Street Invoice AR-05131 DATE DUE DATE 01/18/2022 01/18/2022 SHIP TO Franklin Evarts 11 West South Street Fayetteville, AR 72701 Fayetteville, AR 72701 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT. SHIP VIA TECH START DATE COMPLETION DATE Franklin Evarts Lenonard Kalnins 01/18/2022 01/18/2022 ACTIVITY QTY RATE AMOUNT DOM REP:Domestic Pool Repair - 1 200.00 200.00 Replaced the hydrostatic valve only DOM REP:Domestic Pool Repair - 1 75.00 75.00 Coldwater protective gear DOM REP:Domestic Pool Repair - O 1 50.00 50.00 Parts and materials At the homeowners request, ALD performed a hydrostati c acemen t only. ALD used SCUBA and Cold water protective gear and a ydrostati c valve tools to remove the old hydrostati c valve and replace it wit w drostati c valve. After the valve was installed a test was performed using leak ection to confirm there are no leaks in a hydrostati c valve at this time. No other test wer performed at this time. *4 Pictures *Guarantees 1 0.00 0.00 *DETECTIONS: All leak detection work is guaranteed for 30 days from the date of completion. If leak is not where marked, customer must notify ALD within the 30 day period of guarantee in order to receive a free re -test or to determine if a refund is valid (all refunds are at sole discretion of ALD). ALD will not be liable for any consequential losses. REPAIRS: Minor repairs done by ALD are guaranteed for 30 days. Major repairs are guaranteed for 1 year. All repairs are guaranteed from date of completion and for defective workmanship only. NOTE: Additional leaks may be present on line. The identified leak must be repaired before additional leaks can be located. Repairs performed by ALD include re -testing the system for further leaks at the time of the completed repair. If requested to test repairs performed by others, a fee of $200/per hour will apply. PAYMENT 325.00 TOTAL DUE $0.00 THANK YOU Thank you for allowing American Leak Detection to be of service. We look forward to working with you again. REMIT PAYMENT TO: American Leak Detection, INC., 199 Whitney Ave., Suite 2, New Haven, CT 06511 American Leak Detection, Inc. (Northwest Arkwwas) 199 Whitney Ave., Suite 2 New Haven, CT 06511 (479) 419-5199 cs mwa r@ a m e rica nl ea kd ete ctio n. co m www.americanleakdetection.com BILL TO Franklin Evarts 11 West South Street Fayetteville, AR 72701 Invoice AR-05290 DATE DUE DATE 02/18l2022 r r r 02/18/2022 SHIP TO Franklin Evarts 11 West South Street Fayetteville, AR 72701 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT. SHIP VIA TECH START DATE COMPLETION DATE Franklin Evarts Lenny Kalnins/Damien Smith 02/18/2022 02118/2022 r OM DET:DorrmnNo Pa01 Ledc Datecllon - ALD performed a recheck on a hydrostats c valve that was recently replaced. The test revealed that The New valve is still working properly and not leaking. No charge up to this point- ALD performed A concrete pool leak detection. A structu t revealed no I leaks in the light niche, the skimmer throat, around any of the thr et jets, or in the main drain bucket- A pressure test on the return system tested essure Test on the skimmer pipe tested good. A pressure test on the main 'n led_ An electronic leak detection revealed that the location of the lea ® r the concrete pool deck near the steps to enter the pool. It is not known if t ng is inside the concrete pool walls or if the plumbing goes under the L recommend to perform explorator y excavation at the marked area to determin a repair can be performed i outside of the concrete pool wails. The concrete pool d as marked with black tape. No other leaks were detected at this time_ i After consulting with the homeowner, it was decided to Install a winterizin g plug in the main drain bucket to stop the loss of water. DOM DET:Domestic Pool Leak Detecdon - Cold water protective gear ESTIMATE - An estimate for the repair is approximat ely $2200.00 to $2500.00. If the Repair is outside of the concrete Pool walls and floors. If the leak is inside the concrete pool wall or floors, a pool builder is recommende d to perform the repair. 'Guarantees 'DETECTIONS: All leak detection work is guaranteed for 30 days from the date of completion- If leak is not where marked, customer must notify ALD within the 30 day period of guarantee in order to receive a free re -test or to determine if a refund is valid (all refunds are at sole discretion of ALD). ALD will not be liable for any cons-guential losses. REPAIRS: Minor repairs done by ALD are guaranteed for 30 days. Major repairs are guaranteed for 1 Year. All repairs are guaranteed from date of completion and for defective workmanship only. NOTE: Additional leaks may be present on line. The identified leak must be repaired before additional leaks can be located. Repairs performed by ALD include re -testing the system for further leaks at the time of the completed repair. If requested to test repairs performed by others, a fee of $2001per L_ hour will apply. PAYMENT TOTAL DUE CITY RATE AMOUNT 1 400.00 400.00 75.00 75,00 Thank you for allowing American Leak Detection to be of service. We look forward to working wit you again. REMIT PAYMENT TO: American Leak Detection, Inc., 199 Whitney Ave., Suite 2, New Haven, CT 06511 475.00 .: $0.00 1 American Leak Detection, Irtc. (Northwest Invoice AR-05335 199 Whitney Ave., Suite 2 New Haven, CT 06511 DATF DUE DATE (479) 419-5199 03/15/2022 03/15/2022 csrnwar@americanleakdetection.com www.amedcanleakdetection.com BILL TO SHIP TO Franklin Evarts Franklin Evarts 11 West South Street 11 West South Street Fayetteville, AR 72701 US Fayetteville, AR 72701 US PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT. SHIP VIA TECH START DATE COMPLETION DATE FraRldin Evans Lenny Kalnins/Damien Smith 03/15/2022 03/15/2022 ACTrorny — ow RATE AMgJFfl' .- Labor - 1 1,9W.00 1.9m.00 ALD performed an explorator y hole excavation in the concrete pool deck In the area where the leak noises were detected to determine If the leak is on a pipe outside of the Pool wall in the area, or inside the concrete pool wall or floor. A con saw, jackhammer , and concrete removing tools were used to cut an sc ole in the concrete pool deck_ After the concrete was removed the earth ated to _ - approximat ely 1 foot deep where flat stones, or slate was d' the hole. After - using demo hammers, pins, and other digging implements , tones or pieces slate were removed to a depth of apprommat ely 3 footwas induced into the pipe between the main drain and the Jandy valve whe was seen escaping from the concrete pool wall at that depth. ALD believes the leak is inside the concrete pool wall, or under the concrete pool floor. It is r mmende d that a concrete pool builder performed the repair or replacemen t of the main drain pipe. Consulting with the homeowner. It was agreed to leave a winterizin g plug inside the main dram bucket and tum the Jandy valve to the off position, fill the pool and run as normal from the skimmer and the vacuum Pipe to see if there is enough filtration to operate the pool without the main drain, While in the water a test on the hydrostati c valve revealed that the valve had a rock stuck in it. The valve was cleared and re -tested, no leaks in the main drain bucket at this time. The hole was backfilled , top bedded with sand and — _ ' -- concrete was replaced. No repairs were performed on the plumbing at this time other ' than the hydrostati c valve. '7 Pictures - - 'Ouarantass 1 0.00 0.00 "DETECTIONS: All leak detection work is guaranteed for 30 days from the date of completion_ If leak is not where marked, customer must notify ALD within the 30 day period of guarantee in order to receive a free re -test or to determine if a refund is valid (all refunds are at sole discretion of ALD). ALD will not be liable for any conser�uential losses. REPAIRS: Minor repairs done by ALD are guaranteed for 30 days. Major repairs are guaranteed for 1 year. All repairs are guaranteed from date of completion and for defective workmanship only. NOTE: Additional leaks may be present on line. The Identified leak must be repaired before additional leaks can be located. Repairs Performed by ALD include re -testing the system for further leaks at the time of the completed repair. If requested to test repairs performed by others, a fee of $200/per hour will apply. Thank you for allowing American Leak Detection to be of service. We look forward to working with you again. REMIT PAYMENT TO: American Leak Detection, Inc., 199 Whitney Ave., Suite 2, New Haven, CT 06511 V A American Leak Detection, Inc. (Northwest Invoice AR-05322 Arkansas) 199 Whitney Ave., Suite 2 DATE DUE DATE New Haven, CT 06511 02/28/2022 02/28/2022 (479) 419-5194 csmwar@amedeanleakdetection.com www,amedcanleakdetection.com BI1 TO SHIP TO Franklin Evarts Franklin Evarts 11 West South Street 11 West South Street Fayetteville, AR 72701 Fayetteville, AR 72701 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT. SHIP VIA TECH START DATE Franklin Evans Lenny KalninslDamien Smith 02/28/2022 ACTMI Y COMPLETION DATE UPJ28/2022 MY RATS AMDUMf OTHER DOM VAMMI,,'aft S9rVIM Call . 1 125.00 125.00 Service call only YMENT 125.00 �O OTAL DUE $0.00 O THANK YpU. Rican Leak Detection to be of service. We look Forward to working with you again. CertEpro Palrymm of NWA 19a5 N College Ave Suite C AR 72703 US +1 4795671250 customerNilingatcertapro@g maii,com Received From Evarts, Frank4in - Res-Ext - JC8-1350-75a4 11 W South St Fayetteville, AR 72701 C� �hoss i♦- Cen m Painters of NWA 1985 N College Ave Suite C AR 72703 US +1 4795871250 custom erbill ingatcertapmOgmai Loom Receipt WkftPlorinf�LLs Received From pate: 11 /03/2022 Evarts, Franklin - Res-Ext - JOB-1350-7584 Reference No: 1011 11 W South St Fayetteville, AR 72701 Invoice Number Invoice Dale Due Date Original Amount Balance r 383-8389 10/31/2022 11 /07/2022 1591.25 159125 Payment 1591.25 $0.00 $1,59125