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Home My WebLink About41-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 41-23 File Number: 2023-411 KIM PETRONE 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 $50,000.00 TO KIM PETRONE, PRIVACY FENCE, INC., AND JDE FOUNDATIONS, INC. FOR A WATER DAMAGE CLAIM ARISING AT 3263 NORTH MAKEIG COURT WHEREAS, pursuant to §39.10(C)(4) of the City Code, the City Council may in an extraordinary case, upon the Mayor's recommendation and by two-thirds majority, approve the payment of water or sewer damage claims exceeding $25,000.00 up to $50,000.00. 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 Mayor Jordan to pay the amount of $32,241.27 to Kim Petrone for hotel expenses, painting, flooring and trim, and plumbing expenses related to the water main break damage at 3263 North Makeig Court. Section 2: 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 $2,580.00 to Kim Petrone and Privacy Fence, Inc. for fence repair related to the water main break damage at 3263 North Makeig Court. Section 3: 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 $15,178.73 to Kim Petrone and JDE Foundations, Inc. for foundation repairs related to the water main break damage at 3263 North Makeig Court. PASSED and APPROVED on February 21, 2023 Page 1 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 21, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Timothy Nyander, Utilities Director DATE: SUBJECT: Kim Petrone - Water Damage Claim at 3263 N. Makeig Ct. RECOMMENDATION: 2023-411 Staff recommends approval of a damage claim payment to Kim Petrone in the amount of $32,241.27, a joint payment to Privacy Fence, Inc. & Kim Petrone in the amount of $2,580.00, and joint payment to JDE Foundations, Inc. & Kim Petrone in the amount of $15,178.73 for water damage remediation at 3263 N. Makeig Ct. after a City water main break caused damage to the property. BACKGROUND: On September 20, 2021, the City of Fayetteville experienced a large 36-inch diameter water main break on N. Makeig Ct. Kim Petrone owns the home located at 3263 N. Makeig Ct. This large water main break caused substantial amounts of flooding and damage to the neighborhood and to the Petrone's residence. Kim Petrone's insurance company denied her claim, so she immediately filed a damage claim with the City after the incident. DISCUSSION: Per City Code Section 39.10 — Water and Wastewater Damage Claims, "The Utilities Department Director may not authorize any payment greater than $10,000.00 for any claim pursuant to this section. The Mayor may request the City Council to authorize an amount greater than $10,000.00 by resolution, but in no case shall the city pay more than $25,000.00 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 $25,000.00 damage cap and approves a payment up to $50,000.00." When the large water main broke, the rush of water flooded the Petrone's home destroying flooring, walls, trim, and cabinetry. Foundation damage also occurred to the residence. The foundation repairs will include excavating around the perimeter of the home and installing 18 steel piers to lift the foundation and stabilize the home. The Petrone's 6-foot wooden fence and gate were also damaged and need to be repaired. The reimbursements and payments to remediate the water damage would include: • Reimbursement to Kim Petrone in the amount of $32,241.27 for hotel expenses, painting, flooring and trim, and plumbing expenses • Joint payment to Privacy Fence, Inc. & Kim Petrone in the amount of $2,580.00 to repair the 6-foot wooden Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 fence and gate • Joint payment to JDE Foundations, Inc. & Kim Petrone in the amount of $15,178.73 for foundation repair to the residence to permanently stabilize the foundation after erosion caused damage after the water main break and subsequent flooding Staff requests approval to reimburse Kim Petrone and pay for the foundation and fence repairs needed for $50,000.00, which is the maximum amount allowed by Section 39.10 of the Fayetteville City Code. BUDGET/STAFF IMPACT: Funds are available in the Insurance Self (Non -Vehicle Damage) account within the Water & Sewer fund. ATTACHMENTS: SRF Kim Petrone Water Damage Claim, 3263 Makeig Final Costs Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-411 Kim Petrone - Water Damage Claim at 3263 N. Makeig Ct. A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $50,000.00 TO KIM PETRONE, PRIVACY FENCE, INC., AND JDE FOUNDATIONS, INC. FOR A WATER DAMAGE CLAIM ARISING AT 3263 NORTH MAKEIG COURT WHEREAS, pursuant to §39.10(C)(4) of the City Code, the City Council may in an extraordinary case, upon the Mayor's recommendation and by two-thirds majority, approve the payment of water or sewer damage claims exceeding $25,000.00 up to $50,000.00. 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 Mayor Jordan to pay the amount of $32,241.27 to Kim Petrone for hotel expenses, painting, flooring and trim, and plumbing expenses related to the water main break damage at 3263 North Makeig Court. Section 2: 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 $2,580.00 to Kim Petrone and Privacy Fence, Inc. for fence repair related to the water main break damage at 3263 North Makeig Court. Section 3: 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 $15,178.73 to Kim Petrone and JDE Foundations, Inc. for foundation repairs related to the water main break damage at 3263 North Makeig Court. Page 1 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-411 Item ID 2/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/2/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a damage claim payment to Kim Petrone in the amount of $32,241.27, a joint payment to Privacy Fence, Inc. & Kim Petrone in the amount of $2,580.00, and joint payment to JDE Foundations, Inc. & Kim Petrone in the amount of $15,178.73 for water damage remediation at 3263 N. Makeig Ct. after a City water main break caused damage to the property. 5400.720.4310-5311.04 Account Number Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Water and Sewer Fund Project Title $ 103,838.88 103,838.88 $ 50,000.00 53,838.88 Previous Ordinance or Resolution # Approval Date: V20221130 Details of 3263 N. Makeig Ct. claim - Kim Petrone Reimbursement Hotel Expense (Hampton) $ 300.31 Painting (Adrian's Painting) $ 17,800.00 Flooring and trim (Encore) $ 5,340.96 Plumbing (Trenchless Leak Detection) $ 8,800.00 'TOTAL $ 32,241.27 Joint Payable Foundation repairs (JDE Foundations Inc) $ 18,000.00 Fence repairs (Privacy Fence Inc) $ 2,580.00 TOTAL - $20,580.00 (up to $50,000 claim limit) $ 17,758.73 $32,241.27 Check payable to Lou & Kim Petrone $2,580.00 Check jointly payable to Privacy Fence Inc. & Kim Petrone $15,178.73 Check jointly payable to JDE Foundations Inc. & Kim Petrone Claim Totals $ 52,821.27 Reimbursement $ 32,241.27 Joint Reimbursement $ 17,758.73 Not Reimbured $ 2,821.27 TOTAL ($32,241.27 + $17,758.73) $ 50,000.00 (WAi 1 state.,ALL. S X660636 � ,in�nw�,b. 1111'1'Illl'111111'11i1'Illllll'�'1"�l�ll'I"l�'lll'll"1"111�1 LOUIS PETRONE KIMBERLY PETRONE 2769 E BOARDWALK CT FAYETTEVILLE AR 727012703 &cprvmhcr 24. 2021 fR'3UREL): KIMBERLY PETRONE 1>4'P£ OF LOSS: Seprcmhrr 21, 2021 CLAlM NumBER: 0642441 1 17 TJB POLICY NUMBER: 0008212974S4 Re: Your Claim Status Dear LOUIS PETRONE KIMBERLY PETRONE, PHONE NUMBER: 800-347-551 1 FAX NUMBER: 866447-4293 OFFICE HOURS: We appreciate the time you've spent assisting us with your claim. We have carefully reviewed the information about your loss that was reported to us, as well as the policy provisions that apply to this claim. Based on this review, we are unable to provide coverage for floodwater into the interior of home. Please refer to losses we do not cover, paragraph A I page 6 of your Landlords Package policy which states: Losses We Cover Under Coverages A and B: We will cover sudden and accidental direct physical loss to property described in Dwelling Protection -Coverage A and Other Structures Protection -Coverage B except as limited or excluded in this policy. Losses We Do Not Cover Under Coverages A and B: A. We do not cover loss to the property described in Dwelling Protection-Coveragr A or Other Structures Protection -Coverage B consisting of or calmed b}: 1. Flood, including, but not limited to, surface water, waves, tidal wateror overflow of any body or water, or spray From any of these, whetherorgotdriven by wind). We're Here to Help You Plea,ecall .+ts as the number below and refer to your claim number should you wish to discuss any aspect of this case, including this letter. Sincerely, Jl"1:�►J BIMCK JAMES BITTICK 800-347-5511 Ext. 1988556 Allstate Indemnity Company PRODotig 06424-41117 zie Watkins, Aaron From: Kim Petrone <kkpetrone@yahoo.com> Sent: Monday, December 12, 2022 11:54 AM To: Watkins, Aaron Subject: First receipt CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Renter hotel bills cpuk+r ABC APT ! HY��atr• r�. r.r�..rw�yrr.rr t1.17� dtr.� itTr. w..wsnY..yr ttnh: 1 AR'r'r• � WIr i or J{KRr. fxe R7..7R :SAY .rrwr.r�V w...r e...� VArpffr1[ •p^'0Pd �� wrw r�srwwti7f+� 17 C. F.M�f•rT.Nr ram. / � •.F. nn.r Cr � rr ryrn.y w _ V. farrr� , r+rli4:77 17675< �170+M 1ArL5 +i tisrt 1��: �4JAF�� i..., •1 sty r{. lSrrR r:r i4 Mpiv r ay�yytT - - 1't 1 € _ }} R% 77 7k>r� yq'n'i � xS71Lr 1 -• .:C..� •iiiri -- :x- • r.. r.r M rim' S •,� ..i: _ .... •- i�ifrlc►r� KtcL711p, s Ys►a •3mwrow.v-r . +opt Rcx�Rr 40MOftyAUQW5SEMOWAk"krEM IlaS16A NQr10.SRR)OAC rAcr. rtr AND SwaV4 is sVft srW ar NAMDARE"*)I'MOAar hwsoRUpToLW4At u ►C U SMOT IN-W YOUR ROW on Pone ftft C rrw Sent from Yahoo Mail for iPhone cot 'U �Czcun Rrilf1A 11il 4WD Receipt Traveiocity itinerary: 724314432 Purchase date: Nov 16.2022 Booking details Hampton Inn Fayette ill 915 Krupa. FayettevOle. AR. 727 Check -in. Nov 16, 2022 Check-out: Nov 17. 2022 1 roam x 1 night Room, 2 Queen Beds Booked for ROBERT MION ayment details Roars price �N�ed. Nov 16 faxes & Fig Sent from Yahoo Maii for iPhone SI35.0Q 518.56 AW S1S3.56 - Paint (V�Sd 657$] 4r� 2 Adrian's Painting 176 Niagara St Springdale, Ar 72762 (479)659-2402 Adnansp nl;n mafl corn K , m ee;V,0r\-s— 32 c,,3 /V10,�--C-; �- j�:�rllnc.{ Vani� P�� n 5,� C/e.,.n;�Iq I I -',.csh QUOTE DATE -2 QUOTE # CUSTOMER ID VALID UNTIL 300 Ca260 5 `} 5 0 y z. o O 9C9b 950 Subtotal f � T01AL If you have any questions about this price quote, please contact [Adrian Orozco,(479)659-2402,Adrian'spainting@gmail.com] Thank You For Your Business! ENCORE Building Products RECEIVED FROM Lou Petrone 3263 Makeig Ct. Fayetteville, AR 72703 Encore Building Products 3905 S. Thompson St. Springdale AR 72764 479-361-8900 Received On Account Deposit on Order Current Order Balances Order Total Deposit Balance Due COD Payment On Invoice 2112-021996 X Current Invoice Balances Invoice Total 5,340.96 Original COD Amt 1,335.24 Paid To Date 5,340.96 Balance Due 0.00 Miscellaneous Payment Installed Sale Previously Paid Payment Today Balance Due Payment Methods American Express 1,335.24 SALE: 1335.24 Entry Mode: MANUAL COD (2112-021996) ##1004 246668 IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIII IIII PAYMENT RECEIPT 2201-029163 ACCOUNT JOB CASH 0 T� PAID ON 1/18/2022 8:14:34AM BRANCH 1000 STATION S17 CASHIER 204 Amount 1,335.24 Total 1,335.24 Received Signature TRENCHLESS LEAK DETECTION 2814 Zion Place Van Buren, AR 72956 (479) 651-6022 / (479) 414-5744 service@tldpro.com BILL TO Kim Petrone Kim Petrone 3263 North Makeig Court Fayetteville, AR 72703 JOB# DATE PO/REF# 1008181978 11/15/2022 Job Charges NU Drain Install Install Job Subtotal 7w1. T..4..1 CUSTOMER MESSAGE Add 3% for Credit Card payment. Invoice DATE 11 /28/2022 INVOICE# 636158 TERMS Due Upon Receipt DUE DATE 11/28/2022 SERVICE LOCATION 3263 North Makeig Court Fayetteville, AR 72703 DESCRIPTION Descaled and Structurally Lined 30'. Qty Rate 1.00 $8,800.00 Invoice Total: Deposits (-): Payments (-): Total Due: Total $8,800.00 $8,800.00 $8,800.00 $8,800.00 $0.00 $0.00 $8,800.00 Mayes Plumbing and Heating, Inc. mayesp lumbingandheating. com 3730 S Carley Road Springdale, AR 72762 Phone:479-751-8839 Fax: 479-872-1080 Email: mayesplumbing@gmail.com November 7th, 2022 Kim Petrone 3263 N Makeig Ct Fayetteville, AR Mayes Plumbing and Heating, Inc. proposes to re -line approximately 30' of 30" cast iron pipe. 30' from upstream main to downstream exterior clean out, covering rot & broken sections of pipe. Customer will be given a video recording of liner once installed. Mayes to provide all equipment, labor, and materials necessary to complete this scope of work. Projected cost for this scope of work: $10,800.00 Exclusions: Unforeseen issues that may arise during given scope of work We appreciate your consideration of this quotation and would like to thank you for your interest in Mayes Plumbing & Heating's services. If you have any questions, please call our office. Payment is due within 30 days of work unless other arrangements have been made. Thank you, Nathan Mayes Note: This proposal may be withdrawn by us if not accepted within 30 days. Accepted by: Date: _ CONTRACT AGREEMENT JOE Foundations Inc. hereinafter referred to as the "CONTRACTOR" and John & Kim Petrone "OWNER. Witnesseth:On this 1 8th day of January 2022 hereinafter referred to as in consideration of the mutual agreements and provisions set forth below in this Contract by and between •" CONTRACTOR" and "OWNER" who warrants that he/she is the owner of the premises at: 3263 Makeig Ct Fayetteville, Ar 72703 for the enumerated work, described below, and do hereby agree as follows: DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: 88Exterior Pier _Interior Pier _Support Pier Wall Membrane __Sump Pump _Trench Drain and he/she has the right and authority to contract _Interior Floor Drain —Surface Drain _Concrete Yards _Exterior Deep Drain warranty: Lifetime Transferable Warranty on DynaPierS. Extent of Work to be : done includes excavation along perimeter of home as provided graph shows for pier locations. Post excavation, installation of eighteen 18 hydraulically driven steel D naPiers in locations shown, to slightly lift foundation and permanently stablize home. All broken bricks will be replaced, regrouted and acid washed. sealant will be api2lied to windows to prevent water intrusion. All excess material hauled off by JDE. Mailing Address: 3263 Makeig Ct Fayetteville, Ar 72703 kkpetrone@yahoo.com 479-713-0851 Email Addfe se Phan Number AIL Phone Number Work shall be completed in approximately_ days. Contractor shall remove and haul away all construction and/or installation debris and/or trash from the premises. Contractor shall furnish all necessary equipment, material and supplies and perform and complete all labor and services in a good workmanlike manner Contractor warrants that the Company is insured, and qualified to perform and complete the above -described work. All the above -described construction, installation, and work is presumed to improve and enhance the value of the property and all labors and materials, furnished by Contractor shall become part of the Owner's real property. II. PRICE AND PAYMENT SCHEDULE: Total cost to the owner for the above described work is S18,1710 of which S2 500s due upon acceptance of this contract, S when work begins, S at 60% completion (determined by A7 Enterprise), and 5rarkp on completion. Any and all building permits, license fees, ye inspection fees by governmental agency including, but not limited to the City;State of Fattemm ll.e —II be paid by Contractor. In the event of the Owners failure to promptly pay Contractor Pursuant to this payment schedule, Owner shall be liable for any and all collection fees including attorney's fees, for the filing and enforcement of a mechanics lien and/or other legal remedies available to Contractor to enforce this Contract also leaving contracts warrantyVoid A 3% processing fee will be applied to all credit card transactions When you provide a check as a payment, you authorize us either to use the information from your check to make a one-time electronic funds transfer from your account or to process the payment as a check transaction, III. MODIFICATIONS AND CHANGES: Any changes or variations from the above descriptions and specifications in this Contract involving extra costs will be invoiced. promptly and due within 30 days to avert a null and void warranty. IV. DISCLAIMERS: 1. Contractor wl11 take grn Lt cars for plant: 4rid:111u bs It In patad ly removed for wnfk to be performed. All pia nu will be replanted by Caniractar but will not be respo risible for life or Ion gevi ly. 2. Co rtractor will. attempt to stop any watet intruslon 4auid 4 wort performed, but will not be responw1ile for any water damages to used to any item: or objects/ /y inside of 11te fou nd3 don tyStem t►`�/ 3. Any damage to the structure or ut bties causer) Irf the Cmt ractor as a result of nog llgence nr accident w•11f be repo lfed by the Contractor Liftmgg a snuc lure Carl rt , cause :rime Cosmedc damage. such as cracks inr.heelt ve k- cvncmte and other rigidmate rlaE. Thamfu re, damage msulth ng from lifting the w1 ructare as tailed for in the Agreement Will not be the r4-pam ibility of the Contractor 4. The wartantles cover the perfarmance of &§steno Installed by the Contractor. Prrrrnp.5ys[ems cover stabifiiadon only Contractor will achieve lift roco•eafy as the ,ttuctum allows 5 This Contract is contingent upon there not being any "unavoidable" delays that shall be construed to mean delays due to strikes, lockouts, acts of God, inability to obtain Labor or materials, governmental restrictions, enemy or terrorist action, civil condition, fire, unavoidable casualty or similar causes beyond the control of tDntr. ctor. V. NOTICE TO OWNER: I UNDERSTAND THAT EACH CONTRACTOR, sue CONTRACTOR, LABORER, SUPPLIER, ARCFHTECT, ENGINEER, SURVEYOR. APPRAISER, LANDSCAPEfC ABSTRACTOR, OR TITLE INSURANCE AGENT SUPPLYING LABOR, SERVICES, MATERIAL. OR FIXTURES IS ENTITLf:D TO A LIEN AGAINST THE PROPERTY IF NOT PAID IN FULL FOR THE LABOR, SERVICES, ATATERIALS, OR FtXTUR£S USED Ttl Ni CONSTRUCT, OR INSURE OR EXAMINE TITLE TO THE PROPERTY EVEN THOUGH 731E FULL CONTRACT PRICE MAY HAVE BEEN PAID TO 1HE CONTRACTOR. t REALIZE THAT THIS LJ EN CAN BE ENFORCED BY THE SALE OF THE PROPERTY IF NECESSARY. I AM ALSO AWARE THAT PAYMENT MAY SE WITH HELL) TO THE CONTRACTOR JN THE ANICU NT OF THE COST OF ANY SERVICES FIXTURES, MATERIALS, OR LABOR NOT PAID FOR, I KNOW THAT IT IS ADVISABLE TO. AND I MAY, REQUIRE THE CONTRACTOR TO FURNISH fo ME A TRUE AND CORRECT FULL LIST OF ALL SUPPLIERS AND SERVICE PROVIDERS UNDER THE CONTRACT, AND I MAY CHECK WITH THEM TO DETERMINE IF ALL MATERIALS, LABOR, FIXTURES, AND SERVICES FURNISHED FOR THE PROPERTY HAVE BEEN PAID FOR, I MAY ALSO REQUIRE THE CONTRACTOR TO PRESENT LIEN WAIVERS BY ALL SU P PLIERS AND SERVICE PROVIDERS, STATING THAT THEY HAVE BEEN PAID IN FULL FOR SUPPLIES AND SERVICES PROVIDED UNDER THE CONTRACT, BEFORE I PAY THE CONTRACTOR IN FULL, IF A SUPPLIER OR OTHER SERVICE PROVIDER HAS NOT BEEN PAID. I MAY PAY THE SUPPLIER OR OTHER SERVICE PROVIDER AND CONTRACTOR WITH A CHECK MADE PAYABLE TO THEM .JOINTLY. VI. COUNTERPARTS: This Contract may be executed in counterpart, each of which shall be deemed an original but all of which together shall constitute one and the same Lontr:i ct. VIL ENTIRE AGREEMENT: This cone i:t ephstitutes the entire understanding and agreement between the Contractor and Owner with regard to all matters herein. There are no other agreements. conditl.vhs, or rCilresentations, oral or written, expressed or implied, with regard thereto. The Contract may Be amended only in writing, and signed by both Contractor apd Owner- VIII. BINDING EFFECT: The provisions of this Contract shall be binding upon and inure to the benefit of the Contractor and Owner and their respective successors and assigns. IX. GOVERNING LAW: This contract shall be construed and enforced in accordance with the laws of the State of Arkansas. X. ACCEPTANCE: We have read and agree to the terms and conditions of this Contract as set forth above. Note- This Contract Agreement "BID" may be withdrawn by us if not accepted within 30 days. XI. FAILURE OF PAYMENT: Failure to ppayy the contract in full upon Completion will result in prosecution immediately under Arkansas law Ark, Code Ann §16-56-111(a) Ark. Code Ann. § 4-2-725(1), Warranty Voided. Owner Owner Contractor JDE11�t P.O. Box 8704 Springdale, AR 72766 AVESTA Foundation Solutions Project Summary Lift and Level Stabilize & Protect: 2-Part Permanently Stabilize Foundation Prepared by: Fitz Coleman fcoleman@vestafs.com VESTA Foundation Solutions www.vestaofarkansas.com TF 479-424-1188 O Arkansas Ad min2021 Prepared on: 1-27-22 Prepared for: Kim Petrone kkpetrone@yahoo.com P (479) 713-0851 Job location: 3263 N Makeig Court Fayetteville, AR 72703 Total Investment ................................ $44,428.87 Total Contract Price ....................................... ........................ $44,428.87 Deposit Required -15% .............................................. $6,664.33 Deposit Paid ................................... ........... $0.00 Amount Due Upon Installation ........ ............ ........................ :............ :......._....-.......................... $44,428.87 Customer Consent Any alteration from the above specifications and corresponding price adjustment (if necessary) will be made only at the Customer's request or approval. Completing the work in this Proposal at the time scheduled is contingent upon accidents or delays beyond our control. This Proposal is based primarily on the Customer's description of the problem. This Proposal may be withdrawn if not accepted by the Customer within 30 days due to prices being subject to market fluctuations. Authorized Signature Date Acceptance of Contract— I am/we are aware of and agree to the contents of this Proposal, the attached Job Detail sheet(s), and the attached Limited Warranty, (together, the "Contract"). You are authorized to do the work as specified in the Contract. I/we will make the payment set forth in this Contract at the time it is due. I/we will pay your service charge of 1-1/3% per month (16% per annum) if my/our account is 5 days or more past due, plus your attorney's fees and costs to collect and enforce this Contract. NO VERBAL COMMITMENTS AND PROMISES ARE EXPRESSED OR IMPLIED OUTSIDE OF THIS WRITTEN DOCUMENT. Customer Signature Customer understands VFS is not liable for damage caused by lift. Customer understands original position may not be possible. Date Initial Initial VESTA Foundation Solutions Job Location Page 1/8 13243 Puppy Creek Road #13 Springdale AR 72762 3263 N Makeig Court Fayetteville AR 72703 1-27-22 (1) 6302 S. Wilkerson St Fayetteville, Arkancac 72704 Office (479)4-41-9515 19JAN2022 Kim Petrone t Q� 3263 N Makeig Ct Fayetteville, Arkansas �(J (479)713-0851 + RE: 22-01181 Cursory Foundation Survey Dear Kim, Thank you for contacting our company to provide a foundation survey for the residence referenced above. This report shall serve as our opinions as to the current foundation survey conducted on 18JAN2022 and recommendations for repairs to be done. All references and recommendations are based the Non -Destructive Test (NDT) Methods and local building code by visual observations only. The visual assessment was conducted by David Johnston, VP Operations and our International Code Council Certified Master Special Inspector (#8053368). The foundation system was observed to be constructed of a standard concrete continuous footing with concrete slab on grade with an exterior brick veneer. The slope of the plot plat is negative towards the front of the home from the old cul-de-sac and positive drainage away from the home on the rear and sides. Finding(s) 1. Both pictures and live video of the water main break and the amount of water flowing towards the home; 2. Shear fractures were observed on ALL perimeter foundation walls; 3. The brick veneer has moved on nine (9) window jambs; 4. The soils in the were very saturated and "spongy'; Opinion(s) 1. We are of the opinion that the foundation has moved in the outward and down directions due to differential soil settlement caused by the flooding of the property; especially the foundation system, due to the water main that broke in late 2021; 2. We are of the opinion the brick veneer and most of the wall ties that are directly supporting the system have been over -stressed due to the amount of water received due to the broken water main; 3. We are of the opinion the house and it's foundation will continue to settle up to five (5) years after the water flooding event due to the sub -surface soils being supersaturated; furthermore, causing the internal concrete slab on grade to then settle and fracture along with an unknown amount of soil erosion below the concrete slab on grade which will then have to be high pressure injected with a polyurethane lifting foam in order to stabilize and potentially lift back into its original place. The cost of this is not included in this survey, but easily reach $25,000.00 additional (depending on the amount of settlement) on top of the recommended perimeter foundation underpinning cost analysis. We are of the opinion that the foundation is not to be considered stable at the time of the survey due to its continued movement over the last four (4) months as determined by the photographs and live video observed. Recommendation(s) We are under the recommendation that the entire perimeter foundation system be underpinned by in the installation of the series of up to 27 ASTM A510 steel hydrulic pressed piers to bedrock or soil bearing strata (whichever occurs first to provide positive reaction to the foundation system) at a span of not greater than seven (7) between. The existing brick fractures should be sealed utilized a structural epoxy and the mortar joints should be filled by point and tuck methods per minimum masonry standards by the International Residential Code (IRC) 2021 The cost analysis for this extensive repair is based upon each pier being driven up to a depth of nine (9') based upon current geological surveys as provided by the USGS as well as PFS Inc. extensive knowledge of the soils in the neighborhood. The estimated cost of this service is $22,950.00 with a lock down price guaranteed for 30 calendar days from the date of this survey. Below are some specifications for minimum construction standards that are referenced for our cursory surveys. International Residential Code (IRC) Section R301.1 Design (Comment: The code requires that buildings and structures have adequate strength to support the loads and forces without exceeding the allowable stresses on any element) Section R301.5 Mlnimum Uniform Live Loads (Comment: The code requires that the nurumum live loads be not less than the minimums established by the code) Section R301.7 Deflections (Comment: The code establishes standards for the deflection of members) 1 Section R401.2 Foundation Construction (Comment: The code requires that the foundation construction be capable of accommodating of all loads. Structural fill can also be utilized with appropriate engineering design.) Section R401.3 Drainage (Comment: The code requires that surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection so as to not create a hazard. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3048 mm)) Section R403.1.4 Minimum Depth (Comment: The code requires that the bottom of foundations extend below the frost penetration level, but not less than twelve inches) Section R403.1.8 Expansive Soils (Comment: The code requires that foundations in expansive soils be designed for that condition) ASTM C1754 Standard Test Method for Density and Void Content of Hardened Pervious Concrete (Comment: The code requires for the concrete to be free of porosity and consolidation by vibratory screed methods, not hand vibration) All opinions and references are in accordance with the International Code Council, the International Residential Code and the Arkansas Fire Prevention Code as it pertained to the minimum specifications during the original construction. This professional opinion was based upon a cursory examination of the perineeter walls and foundation materials visible at the time of examination on this specific day within the given range of emvironunental factors on the date of this report above. Other opinions could perhaps be developed as the result of a technically exhaustive engineering design by a licensed professional engineer. Such a study could involve several hours of information gathering at the site, laboratory testin& research, and engineering analysis by an licensed engineer and would involve a substantially higher fee (beginning at ($1,500.00). This cursory survey should not be construed as a guarantee or warranty of any kind in the construction methods utilized. This professional opinion is for the sole use of the Precision Fouudatiou Specialists Inc's (PFS Inc.) client and is the intellectual property of PFS Inc. Client will defend indemnify, represent and hold hornless PFS, Inc. four and against any claim, action or proceeding brought by any party claiming to rely upon inforaation or opinions contained in this document. No release without having obtained PFS, Inc's. prior written consent. PFS hrc. does not authorize client to share this information with competing companies. Unauthorized use is will be punished by to the full extent of the law through all legal avenues. By release of this report all parties promise to in indemnify, represent and defend any and all claims for any damages claimed by others in the use of this report. Liability is limited to the fees for the services provided Thank you for calling upon PFS Inc. for this service. Respectfully submitted, Precision Foundation Specialists Inc. By: EGG. Matt Johnston, ACSE, tSE, CSI ti' `* E 9 AUr PRECISION:_ FOUNDATION ClAl15i5 INC o a,RK�AH5A5,.a Gs C3 PRIVACY FENCE, INC ESTIMATE: M T 6) T F S PO Box 7582 INV# zi- 0839 Date: /u ,-Z-LJ21 AM!PM Springdale, AR 72766 ARConbaclioiruoettm# APPROV DATE: �_� zI Office: 479-751-7894 0>.565 APPROX START: zI!tt�s:Ilwww.Priyat7+FerlceNWA.corn arc awc Ica,. aRRou arr�vnle Sx /} c-7En Lc ozco coot acr swmco sys ADVMINIM LNG Proposal / Invoice REF a - A usr ®RR colvrR GooGLe NO ARKUPS: AM ! PM NQ RED AEF SIGN SEAL YU Client: -' Email: - Add ress: 3,,�6 3 N . ACV, Phone: q7q-1�/3- o�s� ❑ TREES/BRUSH O HILLSIDE ❑ ROCKY 14,WATER i ,L AVAILABLE p - v5r jhr @&'-2" OFF ZIU AVAILABLE Lyd ❑ FENCE OFF GROUND >2" ❑ FINISHED / 7 SIDE OUTSIDE LA' "I • FINISHED SIDE INSIDE ❑ DOGS **PRESSURE TREATED RAILS AND POSTS USED UNLESS OTHERIIIIISE NOTED ON THIS PROPOSAL** FENCE TYPE PICKETS HEIGHT FOOTAGE We Propose to furnish material and labor, l?f BOARD TO BOARD ❑ PRESSURE•TREATEfOPINE 4FT/5E--T16F �S-�� with the included specifications for the sum ❑i:~ y� ❑ SHADOWBOX 1'ASTERNCEDAR, JI�y�_ d;, 4FT/`iFT%6FT CHECK/CASHPRICE:$ r BOARD ON BOARD ❑ WESTERN CEDAR 4FT/ SFT / 6CLLi -- ORNAMENTAL IRON _i N1AGESl-It: (SMGC)TH TOP; CREDIT CARD PRICE: S 2 RAIL ❑ CLASSIC (PINCHED PICKET; JCL f SFT / 6FT �� 3 RAIL GENESIS (EX -I ENDED PII:KETj � .is%ccp,,,, inu fee CHAIN LINK GAGS T FFM r 111S GAL :AN;Zt-D TAX: L�tiE 4FT i SFT !'-FT 'VlNYL'-0A--" !-- BLACK GREEN BROWN TOP FAIL DEPOSIT: _ OTHER: BALANCE DUE_UPON C MO PLET101P, zz� DOUBLE GATES: W �, I WOOD FRAME � CI� �%' �r OOD FRAME Client Signature: F' ❑ STEEL FRAME -•'TE L� CAME ❑ CHAIN LINK ❑ y AIN LINK, ❑O AIDA�ENTALOHNMAMEN7A1 PFISignature: EAR OUT DECORATIVE WOOD ORN ROUND STEEL POSTMASTERS I9�-IAULOF POSTS STARTERS STARTERS POSTS STEEL POSTS aQe; �p71 *RESPONSIBILITY OF CLIENT AND PRIVACY FENCE, INC* Privacy Fence, Inc. agrees to guarantee tyre abm fence to be free from detects In workmar5nlp for one ill year - (Not Included are; alignment due to warping, splitting, miov, shrinking, cheddng, or other oranges In the shape of the Wood). All other warranties come from manUratxwer maternal used under this contract it is mmmmended that sealer be appbed to the wood In appradmately 4o days to help lessen wood warping or Cheddng. Responsibility for complying with zone regulations and obtalang any required permits shell rest with the dlenL Under no drtumstarwis does Privacy Fence, Inc assume arty responsibility Concerning property lines. If property pins carVrot be bcarod, It Is recommended that the client have the property slrveyed. The client will defend PrHacy Ferree., Im In cmneoon With any doIms made by anyone ]lout. the Iwzc-n or the fence. Privacy Fence, Inc will assume the responsibility for having underground public utildes looted and marked. However, Privacy Fence, Inc asswnes no resporsulay for umnarkod sprinkler lines or any other unmarked burled lens or objects. The client will assume all liability for damages caused by dlrecung PrKWY Fence, Inc to dig In the ImmediatavIdnity of known or unknown utlllttes. Any adinAws or Changes made by fhe dlent that regulres extra labor and material will be added to the pike establdned an tl%Chntrad drid will Wunird due and pay&* to prnraCy Fence, ire. Right of amess and removal x grantM to Pnvacy Fer", Try- In the of nori-PaYment a debt under the terms rf the contract The r9entagreesta pay all lrrtelest and costs Incurred co 35.00 Returned Check Fee