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ST9302-CL011015October 15, 2001 T H E C i T Y O F COPPELL �l 4 X A S 1 8 Ms. Nancy Johnson C/o Ed Bell Construction Company P.O. Box 540787 Dallas, TX 75354 -0787 Dear Ms. Johnson: Enclosed please find a claim for Mr. David Brooks. If you have any questions, please don't hesitate to contact me directly at 972 - 304 -3648. Sincerely, VivyokV. Bowman Director of Administration/HR cc: Ken Griffin, City Engineer Clay Phillips, Deputy City Manager Mr. David Brooks V VB /td 255 PARKWAY * PO BOX 478 * COPPELL Tx 75019 * TEL 972/462 0022 * FAX 972/304 3673 T M E • C 1 T Y • O F COFFELL f X A 5 I May 31, 2001 Mr. David Brooks c/o Westbury Manor HOA 148 Westbury Ct. Coppell, TX 75019 Dear Mr. Brooks: This letter is to notify you that your claim against the City has been forwarded to the insurance company of the contractor working on road construction in the area at the time of your accident. Therefore, the contractor is responsible for the claim. The name of the insurance company is: Ed Bell Construction P.O. Box 540787 ?m Dallas, TX 75354 -0787 The name of the contact person is: Nancy Johnson Her telephone number is: 214- 358 -6581 Please contact Nancy with any comments /concerns regarding your claim. Sincerely, Vivy V. Bowman Director of Administration/HR cc: Nancy Johnson Ken Griffin, City Engineer Jim Witt, City Manager Clay Phillips, Deputy City Manager 255 PARKWAY f PO 60X 478 t COPPED Tx 75019 f TEL 972/462 0022 * FAX 972/304 3673 9724016598 10/1,1/2001 THU 13:55 FAX 9724016598 YH I S 09/28/01 13:19 CITY OF CCPPELL i 9- 9723933563 N0.894 peel e r Office !Jac Only) CLAIM I Lo / Mj L_ FlIED W MY OFFICE THIS THE ! / DAY Or pGt o e. f 2001_.— E �}' lI eA bc 1- DEFUTY CITY S _ 1 City Secretary City of coppell (972) 304.3673 (FAX) Y.O. Box 479 Coppell, TX 75019 This is my notice of claim against the City of Coppell. The circumstances giving rise to this claim are U follows: 2 1. The injury or damage occurred on the - day of or qu^ e , 201L, at approximately o'clock at the specific location of Se ...1.. L e G� koo.ot Ee1'w+ee a-td As. r n y , in Copped, Texas. The damage or iNury occurred in the following manner: r- �e���, c�'f e ca.ytn•cr+ areas d LtJes t o� �_ - �lavts r were cv f 7A s ailed -# % e pran k/ec o sY51" _a�ci' ahcfS�� gAan (,s d,� �� �i lack o1c Ga r. T 3. The full extent of my damages and/or injuries are as follows (be specific - attach estimates, bills, etc. if available): !�' y . Pled/ t`t Sew ✓� ct` f e �ara�ibs 0 'y l YS. (3 O /`'S. /!in D(SG a o i �+ a n 2 a g J 4. The amount of damages claimed is S 4 (o z / 7D - / � (Please Print) Claimaat Da v , - el Remo o �s « �ese.. h,s Phone (2-1h Y ° 1 - 6 Y 2 O /Ylaot o r * .4 Arm Cade Address /�[ S C�e S�b�� , J'/- _- City /State /Zip ed Ira( (Also list previous address if less than 6 months) rrritAStrrr**rsrraittrrrrrrrrr I do swear t above is true and correct. ` d : yo � Date t l The rots nn shat! be Nod within six (6) months of :he date of Injury a damage or, io the caw ni death, within Six (6) nttmtha of the date at dMth. The Haute to so ttalry the City within tnt [ITC taxi ,cwu specdhit Mill. cx,u,vaute, ex"w anti u•.s.,1t,r the City frntn any liability whatsoever. (Article t 1, Section l i.o9 of the Bane Rule Chatter -Damage Suits) Q002 10 /11 /2001,THU 13:56 FAX 9724016598 Principal Management Company 5622 Dyer Street Dallas, Texas 75206 C 4 A•, Attn: Charlene Fralin t^"� 9724016598 NM I s Q 003 I'�GCiide ELECTRIC P.O. Box 814305 �p Dallas, TX 75381 AIL ,, (972) 721-1199 Fax (972) 721 -1349 P20902 C _ _.(, 08/27/01 I (214) 368 -4030 I (214) 361 -7874 I - - I -- _......._ ........ ,, " This confidential proposal is to furnish all materials and perform all labor to complete the following electrical work: Location: Westbury Manor 233 Westbury Drive & 102 London Way, Coppell Texas 75019 Scope of work: 1. Furnish and install (2) 50 amp, 1201240 volt circuits to meters at each entrance; (1) at 233 Westbury Drive and (1) at 102 London Way. 2. Provide a two -year warranty on all labor and material furnished by McBride EIectric. Erclusions • Repairs to damage of any existing underground utilities, sprinkler systems or landscaping caused from trenching. Any charges from customer's service provider. • Any after hours work necessary to complete the installation. Any charges from iervvicf pro i i r. 1' RECEIVED AUG 2 92001 I Q _ Note: Material pricing is for normal, stock delivery. Expediting charges, i f*necessary, are to be added to the proposed amount. This proposal is contingent upon approval of McBride Electric credit department and McBride Electric corporate office. For any additional scope of work, see attached exhibit "A" The following price is good for 30 days. All of the above work to be completed in a substantial and workmanlike manner according to standard and code practices for the sum of $4,175.00 plus applicable sales tax. -TERMS - The standard terms and conditions on the back of this proposal apply and are incorporated by reference. The parties agree that all disputes in anyway related to, arising out of, or connected with the sale of goods and /or services provided by McBride Electric. Inc. shall be litigated if at all, exclusively in Dallas County, Texas. Furthermore, the parties also agree that texas law shall govern all such disputes. The customer agrees to pay 50 % down, p co during each bi weekly billing cycle of the contract phase, and Balance at completion of our work. Service charges listed below become effective on all accounts 30 days after the invoice date. Charges are computed at the lower of 1.5% per month or the maximum allowed by law. NOTICE TO BUYER — Do nor sign this agreement before you read it front and back, or if it contains blank spaces.You are entitled to a copy of the a reemenr you sign. Keep this agreement to protect your legal rrghts. 0. 7ECT401. UBMITTED BY- ACCEPTED 3Y. lL i ) U HCRIZED SIGNATUR E • 1� ` WC A A AUTHORIZED NGNAr -RE DATE Joel Reeves n/ {K27 PRINTED NAME PRINTED NAME OUR POLICY —To give the finest and fastest electrical service possible, while installing quality material by electricians who are expertly skilled in their profession, who not only leave the premises clean, but are courteous and neat in heir appearance. 9724016598 10/11/2001 THU 13:56 FAX 9724016598 NN I S Q 004 A,JG- 2 ? -2q 91:15 PM W90DYS. LANDSC APE 94952ta Lag P,q BOO w, %AtkG1"w. TO: Scharlene Farlin Principal Management FROM: Cheryl Smith DATE: August 29, 2001 RE: Westbury Manor HOA, Coppell, Texas Surprisingly, this association did not suffer as much as I would have expected with the water being off for so very long. Most of the damage is at the Westbury/Heartz entrance. The trees are struggling, but they have about a 80/20 chance of survival. I have not bid for replacement of the trees because they will probably make it with proper watering. Here is .a list of replacement shrubs and costs: 14- Dwarf Burford Ifollics (7 gal.): S 980.00 1 - Indian Hawthorne (5 gal.): 35.00 11 - Savannah Hollies (7 gal.): 825.00 4 - Seasonal Color (18/20 count flats): 100.00 Labor: 200.00 SUB TOTAL: S 2,140.00 Tax: 155.15 TOTAL: S 2.295.15 As soon as you get approval, let me know as we will schedule this job. 114 GOtUN td�w DaYca. rima 15066 • CMcr. (072) 221.91!1 • Ftnc (972) 436 -4309 Michelle I spoke to David Brooks yesterday and he said he would get w/ you. However, I also wanted to follow up w/ what we need to process payment. I'm not sure if this info will come from you or the HOA. We need: Original invoice for $2991.45 broken down as follows: Sandy Lake landscaping $499.95 Sandy Lake electrical $2,087.50 Irrigation repair $404.00 $2,991.45 If check is made out to an individual, we need the social security # of the individual. If check is made out to the HOA, we need the tax id #. We also need a release that this satisfies the claims. If you have any questions you can email me or call me at 972 304 3686. ken griffin >>> "Michelle Glover" <mglover @principal- mgmt.com> 11/04/02 10:35AM This is the information I spoke to you about this AM. Please let me know by reply if the below meets your satisfaction and if so what an intended date of reimbursement would be. Again, Thank you for your assistance in this matter. The items that were removed were 1 Cedar Elm and 5 small shrubs, to the best the companies knowledge, the shrubs were Indian Hawthome's. Since these were not replaced by this company I have contacted Calloways in Irving at (972) 258 -1312 for the cost of the Indian Hawthorne's. The cost for a 5 gallon Indian Hawthorne is $29.99. They do not carry a 3 -4 inch Cedar Elm, so I contacted Fannin Tree Farm (972) 747 -9233 and the minimum cost for a Cedar Elm is $350.00. 5 Indian Hawthorne's = $149.95 1 Cedar Elm = $350.00 Total for landscaping at Sandy Lake = $499.95 Total for Electrical at Sandy Lake = $2087.50 Total cost for Sandy Lake = $2,587.45 In collecting these costs, I contacted the Parks Department and spoke to Matt, was transferred to Jan Sellers and finally spoke to Jarred in the Purchasing Department of the City of Coppell. Jarred noted that anything under $3,000.00 did not have a specific point of purchase and that the Parks Department generally purchases small items throughout the city. I wanted to make sure that I received the cost from a choice vendor and asked if these were sufficient as contacts. I was told yes. This cost does not include the labor, taxes, nor any repairs that were made to the irrigation system. There was an initial amount of $404.00 in irrigation repairs. This can not be broken out since records were not kept as to where what was repaired at that time. We would appreciate some sort of reimbursement on this if it is possible. - - - -- Original Message---- - From: Michelle Glover Sent: Tuesday, October 1 5 , 2002 8:49 AM To: 'Ken Griffin' Subject: RE: Westbury Manor Ken, The company that removed the dead items did not replace them. Shall I use their cost of replacement for what was removed or contact a nursery for a cost ? Michelle - - - -- Original Message---- - From: Michelle Glover Sent: Friday, October 11, 2002 8:49 AM To: 'Ken Griffin' Subject: RE: Westbury Manor Ken, The company that removed the dead foliage was not Woodys. I will have the cost and what was actually dead by Monday. Please reply that this was received. Michelle - - - -- Original Message---- - From: Ken Griffin [mailto:kgriffm @ci.coppell.tx.us] Sent: Tuesday, August 20, 2002 9:06 AM To: Michelle Glover Subject: RE: Westbury Manor Michelle This is sent in response to your email and our phone call on 8/19/2002. As I mentioned, we have been trying to make contact with the electrician to clarify two issues: 1) where did the actual damage occur and 2) what was the extent of the damage to the electrical. The answers �3 to these questions will help determine who caused the damage. We know that TXU Gas and Verizon were installing and relocating facilities in this area. Verizon had a hole east of here at Simmons that was a danger and after no response we instructed our contractor to fill it in. Our contractor has stated that they did not damage the electrical. I have again called McBride Electric and left a detailed message requesting information. To date we have spoken with Ray, Valerie and John with McBride and they have yet to provide us with the requested information. If McBride does respond, we also will try to determine if Westbury originally had only one meter off Sandy Lake to provide electrical to both Sandy Lake/Westbury and London Way/Heartz. If so why were two electrical services reinstalled? If this was an upgrade or betterment then we will need to adjust the electrical responsibility to the party that created the damage, whether that is TXU Gas, Verizon or our contractor. Obviously, reimbursement for the landscaping can not take place until it is determined who damaged the electrical. I will keep you informed when or if we hear back from McBride Electric. ken griffin >>> Michelle Glover <mglover @principal- mgmt.com> 08/19/02 02:23PM >>> kted the Parks Department and spoke Mr. Griffin, Although I have spoke to you on several occasions regarding the status of any form of settle this at further city reimbursement of the below claim, I have yet to receive acknowledgement to the request below. I would like to this level but our next step is to get legal council and officials 4 involved to assist us with this request. This was our intent before I believe that 6 received you as a contact. Please reply to me ASAP. I weeks is time enough that I expect a reply. Thank You. Michelle Glover, CMCA (214) 265 -6467 - - - -- Original Message---- - From: Michelle Glover Sent: Wednesday, July 31, 2002 10:46 PM To: "kgriffin @ci.coppell.tx.us'' Cc: "Todd Storch' ; "Don.Doering @sealedair.com' ; "David Brooks' Subject: RE: Westbury Manor Ken, reply with I have not heard anything from you on this item. Please status ASAP. Thank You in advance for your assistance. Michelle Glover - - - -- Original Message---- - From: Michelle Glover To: 'kgriffm @ci.coppell.tx.us' Cc: 'Todd Storch; 'Don.Doering @sealedair.com; 'David Brooks' Sent: 7/12/02 12:49 PM Subject: Westbury Manor Ken, In regards to our conversation for reimbursement to Westbury Manor. You allow the and that was are waiting for response from your technician as to the explanation on the electrical reimbursement. I noted that TXU did not electrician to repair the lines and that the location more than likely the cause of the installation of the 5 circuits. Since you are that the funds being take the awaiting the outcome of the electrical part I requested for landscaping be reimbursed while the balance was investigated. This amount is $2,295.15. You noted that tax may not be reimbursable. I have informed the Board of Directors of this. Please appropriate actions to get the funds for landscaping reimbursed ASAP. I will be happy to pick up the check form your office. Also as I note of me as receipt of compliance from City of Coppell, please reply back to this acknowledgement. Michelle Glover, CMCA Property Manager Principal Management Group 5622 Dyer St. Dallas, TX 75206 (214) 265 -6467 6 Michelle Glover From: Ken Griffin [kgriffin @ci.coppell.tx.usl Sent: Wednesday, November 06, 2002 2:01 PM To: Michelle Glover Subject: RE: Westbury Manor Michelle The Finance Department does not allow checks to be picked up. There was problems several years ago where unauthorized people picked up checks. To prevent that, the Finance Department changed procedures such that checks are mailed to the address on the invoice. ken griffin >>> "Michelle Glover" <mglover @principal- mgmt.com> 11/06/02 01:06PM Ken, There is not a need to meet. I just wanted to make sure that you received the information. Is there a chance that I can pick this check up on Friday, when it is ready? Michelle - - - -- Original Message---- - From: Ken Griffin [ mailto :kgriffin @ci.coppell.tx.us] Sent: Wednesday, November 06, 2002 12:13 PM To: Michelle Glover Subject: RE: Westbury Manor Michelle I will be out of the office Friday afternoon and Monday. If you drop the invoice and release off at my office, I will look at it Tuesday morning. That will still give me time to process for payment the same week. Was there some reason that we should meet on this? If the invoice is submitted as I requested and the release is provided and the appropriate info is provided on who the check is made out to there should be no reason to meet. ken griffin >>> "Michelle Glover" <mglover @principal - mgmt.com> 11/06/02 11:54AM In speaking to David, I need to have this at your office by Monday at the latest. Are you available Friday after 2:00 PM to meet and I will bring this information to you? - - - -- Original Message---- - From: Ken Griffin [mailto:kgriffm @ci.coppell.tx.us] Sent: Wednesday, November 06, 2002 11:50 AM To: Michelle Glover Cc: dwbl48 @hotmail.com Subject: RE: Westbury Manor OCT -03 -02 THU 02;15 PM PRINCIPAL MANAGEMENT FAX NO. 214 361 8308 P. 01 5622 Dyer St. Dallas, Tx 75206 Office (214) 265 -6467 Fax(214)361.830B Fcmc To: From: Michelle Glover,CMCA v w Fax: `�� -- Pages: Phone: � j `,�1 Date: jgzn-zn R e: � ,�-` u LL�JI CC: ❑ Urgent For Review Irk 1 Please Comment p Please Reply ❑ Please Recycle t A.0" ta-P 1 W\5 Lo e' Ike A C 1! ub�,do MYTIF OCT -03 -02 THU 02:15 PM PRINCIPAL MANAGEMENT Princ-4pal-Management Company L) 5622 Dyer Slrcct Dallas, Texas 75206 9 Attn: Charlene Fralin r�FAX " NO. 214 361 8308 P. 02 'Wd,V U' & ELECTRIC P.O. Box 814305 Dallas, TX 75381 721 -119 Fax 721 9 Fax {-1349 X20902 08/27/01 (214) 368 -4030 (214) 361 -7874 This confidential proposal is to furnish all materials and perform all labor to complete the following electrical work: Location: Westbury Manor 233 Westbury Drive & 102 London Way, Coppell Texas 75019 Scope of work: 1. Furnish and install (2) 50 amp, 120/240 volt circuits to meters at each entrance; (1) at 233 Westbury Drive and (1) at 102 London Way. 2. Provide a two -year warranty on all labor and material furnished by McBride Electric. Exclusions Repairs to damage of any existing underground utilities, sprinkler systems or landscaping caused from trenching. Any charges from customer's service provider. • Any after hours work necessary to complete the installation. • Any charges from service provider. RECEIVE[) AUG 2 9 2001 Note: Material pricing is for normal, stock delivery. Expediting charges, if necessary, are to he added to the proposed amount. This proposal is contingent upon approval of McBride Electric credit department and McBride F,lectric corporate office. For any additional scope of work, see attached exhibit "A" The following price is good for 30 days. All of the above work to be completed in a substantial and workmanlike manner according to standard and code practices for the sum of $4075.00 plus applicable sales tax. -TERMS - The standard terms and conditions on the back of this proposal apply and are incorporated by reference. The parties agree chic all disputes in anyway related to, arising, our of, or connected with the sale of goods and/or services provided by McBride Electric, Inc. shall be litigated if at all, exclusively in Dallas Councy,Texas. Furthermore, the parties also agree that Texas law shall govern all such dis The customer agrees to pay 50% _ down, Percmt completed during each __ bi- weekly billing cycle T of the contract phase, and Balance at completion of our work. Service charges listed below become effective on all accounts 30 days after the invoice date. Charges are computed at the lower of 1,5% per month or the maximum allowed by law. NOTICE TO BUYER— Do not sign this agrccrnenc before you read it front and back, or if it contains blank spaces. You are encided to a copy of the a rccnlent you sign. Keep this agrermem to protect your legal righU. N L4<:1rULL IJRMITTED 8T' ACCEPTEO BY hiOAIL6D SICNATURC ATE AW HONZED SIGNATURE DATE Joel Reeves PRINTED NAME PRINTED NAME OUR POLICY —To give the finest and fastest electrical service possible, while installing quality material by electricians who are expertly skilled in their profession. who not only leave the premises clean, but are courteous and neat in their appearance. OCT -03 -02 THU 02:16 PM PRINCIPAL MANAGEMENT FAX NO, 214 361 8308 xr •_ TO: Michelle Glover ,Principal Management FROM: Cheryl Smith DATE: September 25, 2002 RE: Westbury Manor IIOA, Coppcll, Texas P. 03 The following is the information that you requested for items that were replaced on Sandy Lake at London Way for Westbury Manor. 2 - Live Oates (3 -4 Inch) $ 1500,00 1 - Cedar Elm L� (3 -4 Inch) 800.00 12 - Indian Hawthornes (5 gal) t , 420.00 12- I,iriope (1 gal) 60,00 Sprinkler Repairs 404.00 Labor: 550.00 SUB - TOTAL: $ 3,734.00 Tax: 308,06 TOTAL: $4,04206 Please excuse the delay in receiving this information. I 1 d Goich�l ld�� pvlWe, M1xm 70066 OMc.: (072) 221.4111 Fmc: (972) 406J109 5 Ken Griffin - RE: Westbu Manor Pa e 1 From: Ken Griffin To: Michelle Glover Subject: RE: Westbury Manor Michelle I spoke to David Brooks yesterday and he said he would get w/ you. However, I also wanted to follow up w/ what we need to process payment. I'm not sure if this info will come from you or the HOA. We need: Original invoice for $2991.45 broken down as follows: Sandy Lake landscaping $499.95 Sandy Lake electrical $2,087.50 Irrigation repair $404.00 $2,991.45 If check is made out to an individual, we need the social security # of the individual. If check is made out to the HOA, we need the tax id #. We also need a release that this satisfies the claims. If you have any questions you can email me or call me at 972 304 3686. ken griffin >>> "Michelle Glover" <mglover@principal- mgmt.com> 11/04/02 10:35AM >>> This is the information I spoke to you about this AM. Please let me know by reply if the below meets your satisfaction and if so what an intended date of reimbursement would be. Again, Thank you for your assistance in this matter. The items that were removed were 1 Cedar Elm and 5 small shrubs, to the best the companies knowledge, the shrubs were Indian Hawthorne's. Since these were not replaced by this company I have contacted Calloways in Irving at (972) 258 -1312 for the cost of the Indian Hawthorne's. The cost for a 5 gallon Indian Hawthorne is $29.99. They do not carry a 3-4 inch Cedar Elm, so I contacted Fannin Tree Farm (972) 747 -9233 and the minimum cost for a Cedar Elm is $350.00. 5 Indian Hawthorne's = $149.95 1 Cedar Elm = $350.00 Total for landscaping at Sandy Lake = $499.95 Total for Electrical at Sandy Lake = $2087.50 Total cost for Sandy Lake = $2,587.45 In collecting these costs, I contacted the Parks Department and spoke to Matt, was transferred to Jan Sellers and finally spoke to Jarred in the Purchasing Department of the City of Coppell. Jarred noted that anything under $3,000.00 did not have a specific point of purchase and that the Parks Department generally purchases small items throughout the city. I wanted to make sure that I received the cost from a choice vendor and asked if these were sufficient as contacts. I was told yes. This cost does not include the labor, taxes, nor any repairs that were made to the irrigation system. There was an initial amount of $404.00 in irrigation repairs. This can not be broken out since records were not kept as to where what was repaired at that time. We would appreciate some sort of reimbursement on this if it is possible. Ken Griffin - RE: Westbu Manor �� � ei Pa e 2 a - -- Original Message- - From: Michelle Glover Sent: Tuesday, October 1 5, 2002 8:49 AM To: 'Ken Griffin' Subject: RE: Westbury Manor Ken, The company that removed the dead items did not replace them. Shall I use their cost of replacement for what was removed or contact a nursery for a cost ? Michelle - - -- Original Message — From: Michelle Glover Sent: Friday, October 11, 2002 8:49 AM To: 'Ken Griffin' Subject: RE: Westbury Manor Ken, The company that removed the dead foliage was not Woodys. I will have the cost and what was actually dead by Monday. Please reply that this was received. Michelle - -- Original Message- - From: Ken Griffin f mailto :kgdffinQci.cooDell.tx.usl Sent: Tuesday, August 20, 2002 9:06 AM To: Michelle Glover Subject: RE: Westbury Manor Michelle This is sent in response to your email and our phone call on 8/19/2002. As I mentioned, we have been trying to make contact with the electrician to clarify two issues: 1) where did the actual damage occur and 2) what was the extent of the damage to the electrical. The answers to these questions will help determine who caused the damage. We know that TXU Gas and Verizon were installing and relocating facilities in this area. Verizon had a hole east of here at Simmons that was a danger and after no response we instructed our contractor to fill it in. Our contractor has stated that they did not damage the electrical. I have again called McBride Electric and left a detailed message requesting information. To date we have spoken with Ray, Valerie and John with McBride and they have yet to provide us with the requested information. If McBride does respond, we also will try to determine if Westbury originally had only one meter off Sandy Lake to provide electrical to both Sandy Lake/Westbury and London Way /Heartz. If so why Ken Griffin RE: Westbu Manor Page 3 were two electrical services reinstalled? If this was an upgrade or betterment then we will need to adjust the electrical responsibility to the party that created the damage, whether that is TXU Gas, Verizon or our contractor. Obviously, reimbursement for the landscaping can not take place until it is determined who damaged the electrical. I will keep you informed when or if we hear back from McBride Electric. ken griffin >>> Michelle Glover < malover0Princioal- mgmt.com 08/19/02 02:23PM >>> Mr. Griffin, Although I have spoke to you on several occasions regarding the status Of reimbursement of the below claim, I have yet to receive any form of acknowledgement to the request below. I would like to settle this at this level but our next step is to get legal council and further city officials involved to assist us with this request. This was our intent before I received you as a contact. Please reply to me ASAP. I believe that 6 weeks is time enough that I expect a reply. Thank You. Michelle Glover, CMCA (214) 265 -6467 - -- Original Message-- - From: Michelle Glover Sent: Wednesday, July 31, 2002 10:46 PM To: " WriffinAci.c000ell.bcus' ' Cc: "Todd Storch' ; " Don. Doerina(dlsealedair.com' ; "David Brooks' Subject: RE: Westbury Manor Ken, I have not heard anything from you on this item. Please reply with status ASAP. Thank You in advance for your assistance. Michelle Glover - -- Original Message — From: Michelle Glover To: ' kariffin cCa' ci.coDOell.tx.us' Cc: 'Todd Storch'; ' Don. Doering0sealedair.com' 'David Brooks' Sent: 7/12/02 12:49 PM Subject: Westbury Manor Ken Griffin- RE: Westbu Manor Pae 4 Ken, In regards to our conversation for reimbursement to Westbury Manor. You are waiting for response from your technician as to the explanation on the electrical reimbursement. I noted that TXU did not allow the electrician to repair the lines and that the location and that was more than likely the cause of the installation of the circuits. Since you are awaiting the outcome of the electrical part I requested that the funds for landscaping be reimbursed while the balance was being investigated. This amount is $2,295.15. You noted that tax may not be reimbursable. have informed the Board of Directors of this. Please take the appropriate actions to get the funds for landscaping reimbursed ASAP. I will be happy to pick up the check form your office. Also as I note of compliance from City of Coppell, please reply back to me as receipt of this acknowledgement. Michelle Glover, CMCA Property Manager Principal Management Group 5622 Dyer St. Dallas, TX 75206 (214) 265-6467 CC: David Brooks ken Griffin - Re: Westbury Manor Issue a Page 1 From: Ken Griffin To: David Brooks Date: 8/29/02 9:41 AM Subject: Re: Westbury Manor Issue Mr. Brooks I have received info from Building Inspections on when the meters were installed at the two landscape areas. The one at Westbury/Heariz was permitted at 231 Westbury on 2/25/00 and the one at London Way /Sandy Lake was permitted on 11/15/99. Both of these were about 1 '% years before the damage occurred. There was no interconnect between the two so any damage at Sandy Lake would not have impacted the power at Heartz. We can not determine who caused the damage at Sandy Lake. Therefore, the City will reimburse the HOA for work associated with the Sandy Lake entrance. I'm not sure how to divide the cost. It's conceivable that the electric is 50/50 but the info from the landscaping firm states that most of the plant damage was at the Westbury/Heartz entrance. Therefore, please provide a breakout of what was spent on the electrical and landscaping at Sandy Lake so I can process a payment. The damage at Westbury/Heartz is not a City responsibility. ken griffin >>> "David Brooks" <dwb148 @hotmail.com> 08/21/02 10:15AM >>> Mr. Griffin, Thank you very much for this information. I am very hopeful that we can continue to make progress. Please understand that the board is very frustrated at the length of time it has taken to get to this point. It was starting to sound exactly like where we were a year ago. I'm not sure exactly who Sharlene met with then, but I know it was on several occasions with various parties. I apologize as I must have been mistaken as to your involvement. I'll ask you to continue to work with Michelle as representing the WMHOA on this matter. Please advise if we should go ahead and file a formal claim with Bell. This was the first I had heard of Verizon being in the mix also. I am available to meet in the field with you and /or any of the involved parties if necessary. I work in Las Colinas and could be back in the neighborhood as required on relatively short notice. I'm at 972 - 401 -6420. Preferably, Michele would be able to handle anything needed unless I as a resident/citizen need to formally handle anything. Thanks again for your attention to this matter. Please keep us posted as things progress. David Brooks for WMHOA >From: "Ken Griffin" < kariffinCrDci.c000ell.tx.us > >To: < dwb148(Zi)hotmail.com > > Subject: Re: Westbury Manor Issue >Date: Tue, 20 Aug 2002 18:26:18 -0500 >Mr. Brooks >I have not met w/ any representatives from McBride or TXU concerning >this. After numerous phone calls to McBride starting on 7/16/02, 1 did Ken Griffin - Re: Westbury Ma nor Issue Page 2 >receive a call today from David Cooper, Production Supervisor with > McBride. Mr. Cooper stated that he was the person who repaired the >damage. What he told me was as follows: 1) there were always two meters >for Westbury Manor - one in the alley between London Way and Simmons and >one behind the house on the south corner of Westbury and Heartz; 2) The > electrical was not interconnected from Sandy Lake to Heartz. Therefore, >any work along Sandy Lake would not have impacted the electrical to the >meter on Heartz; 3) The damage to the electrical on Heartz appeared to >be caused by sidewalk construction along Heartz adjacent to Westbury > Manor (I checked our sidewalk repairs and noted that the closest repair >we had in the last two years was at 125 Heartz - about 600 feet north >(sometimes the inspector adds areas in the general area that need repair >so I will check in the field to ensure we did not work in this area >along Heartz); 4) Mr. Cooper stated that the wires were cut at both >places; 5) He stated that the damage along the Sandy Lake side appeared >to be caused during construction of the alley. Items 1 -5 above were >taking from my notes during my phone call with Mr. Cooper. I received >the above information about 4 pm today. > I still need to determine what work our contractor performed in the >alley east of London Way. The construction plans show the installation >of an inlet on the opposite side of the alley. I also am aware that >Verizon was working in this area as well. Until I meet with the project > inspector and visit the site I can not offer my opinion as to who I >think is responsible for the Sandy Lake damage - the City's contractor >or Verizon. However, based on what Mr. Cooper said there is no >connection between the Sandy Lake damage and the Heartz damage. > Based on what Mr. Cooper said, you are correct in stating that the work >was not an improvement because there were always two services. We do >require contractors to carry insurance, but we can not make them pay a > claim. The only thing we can require is that before the final payment >they have to issue an affidavit that all outstanding bills and claims >are paid. We have not made final payment on this project. Have you >filed a claim against Ed Bell? I know you filed one with the City. >It would probably be better to discuss this either via the telephone or >a meeting in the field (I'm a slow typist). I can be reached at 972 304 >3686. If we meet in the field, Wednesdays are always bad. Meeting >after 5 is not a problem. Let me know and hopefully I'll have more info >when we discuss this again. >ken griffin > >>> "David Brooks" < dwb148(&hotmail.com > 08/20/02 03:40PM >>> >Mr. Griffin, >I do not understand why we keep going in circles on this. It was about >a >year ago when you met with Sharlene Fralin (our previous Pricipal >manager), >TXU and McBride on this issue. >We have a letter from the city stating Ed Bell construction is >responsible Ken Griffin _ � . r Griffin - Re: Westbury Manor Issue Pa a 3 E >for this. They denied responsibility and pointed at TXU. TXU pointed >back to >the city, you pointed back to Bell. Like I said, we keep going in >circles. >The reason for the two runs to restore power, as documented a year ago, >was >because TXU would not allow us to repair or splice the damaged cable. >This >was not an improvement. > Doesn't the city require sub - contractors to be bonded and insured for >situations exactly like this? If so, then why not make Ed Bell pay up >and >let us all move on? If they refuse, doesn't the city have any recourse? >1 >bet you do. >I don't know what other recourse we as the Westbury Manor Home Owners >Association would have. Do you have any suggestion as how we can come >to >closure on this? We are not going around in another circle for another >year. >The only thing I can think of is taking this documented run - around >before >the city council and plead for help. >Sincerely, > David Brooks >President, Westbury Manor HOA • >From: Michelle Glover < mglover(&princii)al- mgmt.com • >To: 'Todd Storch' < tstorch(adfwradio.com >, > "' Don. DoerinaO- sealedair.com " • > < Don.DoeringCD_sealedair.com >, 'David Brooks' < dwb148CcDhotmail.com > • >Subject: FW: Westbury Manor • >Date: Tue, 20 Aug 2002 14:56:13 -0500 > >FYI. • > - - -- Original Message - - - -- • >From: Ken Griffin f mailto :kgriffin(cDci.copr)ell.tx.usl • >Sent: Tuesday, August 20, 2002 9:06 AM • >To: mglover0princioal- mgmt.com • >Subject: RE: Westbury Manor > > Michelle > >This is sent in response to your email and our phone call on >8/19/2002. > > As I mentioned, we have been trying to make contact with the > >electrician to clarify two issues: 1) where did the actual damage >occur Keri Griffin - Re: Westbury Manor Issue > >and 2) what was the extent of the damage to the electrical. The >answers > >to these questions will help determine who caused the damage. We >know • >that TXU Gas and Verizon were installing and relocating facilities in • >this area. Verizon had a hole east of here at Simmons that was a >danger > >and after no response we instructed our contractor to fill it in. >Our > > contractor has stated that they did not damage the electrical. > > I have again called McBride Electric and left a detailed message > >requesting information. To date we have spoken with Ray, Valerie and > >John with McBride and they have yet to provide us with the requested > > information. If McBride does respond, we also will try to determine >if • > Westbury originally had only one meter off Sandy Lake to provide • > electrical to both Sandy Lake/Westbury and London Way /Heartz. If so >why • >were two electrical services reinstalled? If this was an upgrade or • >betterment then we will need to adjust the electrical responsibility >to > >the party that created the damage, whether that is TXU Gas, Verizon >or • >our contractor. Obviously, reimbursement for the landscaping can not • >take place until it is determined who damaged the electrical. > >I will keep you informed when or if we hear back from McBride > > Electric. > >ken griffin > > >>> Michelle Glover < mglover0princiaal- mgmt.com 08/19/02 02:23PM > >Mr. Griffin, > >Although I have spoke to you on several occasions regarding the >status • >of • > reimbursement of the below claim, I have yet to receive any form of • >acknowledgement to the request below. I would like to settle this at • >this • >level but our next step is to get legal council and further city • >officials • >involved to assist us with this request. This was our intent before I • >received you as a contact. Please reply to me ASAP. I believe that 6 • >weeks • >is time enough that I expect a reply. > >Thank You. • > Michelle Glover, CMCA • >(214) 265 -6467 • > - - -- Original Message - - - -- • >From: Michelle Glover Ken griffin,-,,R Westbury Manor Issue Page 5 • >Sent: Wednesday, July 31, 2002 10:46 PM • >To: " kariffin(ZD_ci.coaaell.tx.us' ' • >Cc: "Todd Storch"; " Don. DoerinaCcDsealedair.com ''; "David Brooks' > >' > >Subject: RE: Westbury Manor > > Ken, > >I have not heard anything from you on this item. Please reply with > >status > >ASAP. Thank You in advance for your assistance. > > Michelle Glover > > - - -- Original Message ----- stbury Manor Home Owners >Associ • >From: Michelle Glover • >To: ' koriffin0_)ci.com3ell.tx.us' • >Cc: 'Todd Storch'; ' Don. Doering0sealedair.com' 'David Brooks' • >Sent: 7/12/02 12:49 PM • >Subject: Westbury Manor > >Ken, • >In regards to our conversation for reimbursement to Westbury Manor. • >You • >are waiting for response from your technician as to the explanation >on • >the electrical reimbursement. I noted that TXU did not allow the • >electrician to repair the lines and that the location and that was • >more • >than likely the cause of the installation of the circuits. Since you • >are • >awaiting the outcome of the electrical part I requested that the >funds • >for landscaping be reimbursed while the balance was being • >investigated. • >This amount is $2,295.15. You noted that tax may not be reimbursable. > >1 • >have informed the Board of Directors of this. Please take the • >appropriate actions to get the funds for landscaping reimbursed ASAP. > >1 > >will be happy to pick up the check form your office. Also as I note >of > >compliance from City of Coppell, please reply back to me as receipt >of > >this acknowledgement. • >Michelle Glover, CMCA • >Property Manager • >Principal Management Group • >5622 Dyer St. • >Dallas, TX 75206 • >(214) 265 -6467 Ken Griffin -'ke: Westbury Manor Issue Pale 6 >Join the world s largest e-mail service with MSN Hotmail. > hftp://www.hotmaii.com Chat with friends online, try MSN Messenger: htta: / /messenger.msn.com CC: Michelle Glover J 1 Y v/ i �r V (v o �Q PARK a3Aa A301110R - -- ASHIGN — y S pp �...r. wae�,o�� 9 Rf1 ,l: S"Y LAKE ROM a E } f R f. I a i �: l CC WY. SIY M.5 Y g �I � � I A. i' I z� A sa I T A Gd II . � u x 5 r::ia CHRIST OUR SAVIOR LUTHERAN CHURCH \ VOL. "012. P0. 13H. P.RO.C.T •T SL - i ' • i - ► . ; R[S1BIRIY OR3[ R 1" �3 0 g 6 � a R 0 s S c i 1 - I R 3 ��1�J8 10/11/2001 THU 13:55 FAX 9724016598 9724016598 NM I S rij001 Wes ury Manor Y b F au To: City Secretary From: David Brooks Fax: 972 -304 -3673 Pages: 4 Phone: 972 - 304 -3669 Gate: 10/11/01 Re: Claim Notice CC: The following is a Claim Notice for the City of Coppell from the Westbury Manor Home Owners Association as a result of damages incurred from construction on Sandy Lake Road. The exact date of the damages�aFe not clear. We are aware that The City incurred similar damages at the same time. Texas Utilities has already repaired electric service to the affected street lights. Please contact me if any further information Is required. Otherwise, I shall look forward to a response. Thank you for your consideration, Crp�n 0� ^ �` �. \\ v ee� > ,,rte ° David Brooks President, Westbury Manor Home Owners Association 972 -401 -6420 work 972 -393 -2904 home !o� - /il/J.}^ 1 � l (/✓ v� �2