ST9302-CL010116 MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To;
From:
Date:
RE:
Clay Phillips, Deputy City Manager
Ken Griff'm, P.E., Dir. of Engineering/Public Works
January 16, 20010
"Brown Water" Incident August 30, 2000
Attached to this memo is an updated claim list. Twenty-eight claims have been filed against the
City for a total dollar mount of $6,003.55. Based on my records, the insurance company has paid
five claims for a total of $701.06. The insurance company is now taking the position that they are
not responsible for paying the claims. The insurance company that paid the claims was not Ed
Bell's insurance company, but the insurance company for their sub-contractor, M-Co.
This matter could be litigated with the contractor on the project; however, they have clearly
indicated that it is their opinion that this is a City issue because City crews were operating valves at
the time of the incident. Our position has always been that a waterline break that happened near the
intersection of MacArthur and Sandy Lake prior to this incident more than likely contributed to
depositing large amount of silt in the waterline that was under construction by M-Co. Once that
waterline was placed in service, the siltation was forced into the City's water system. Our position
is that the contractor should have insured that the line was clean. The contractor has taken the
position that the North Center Texas Council of Government's specifications state that unless
otherwise provided the City is responsible to insure that lines are clean prior to placing them in
service.
The above is provided to state that if this were litigated it is quite possible that this issue could be
litigated for sometime and for only an amount of approximately six to seven thousand dollars.
Attomeys' fees and court costs would more than likely cost more than the damages to be paid by
these claims.
My recommendation would be to process payment to the citizens based on previously filed claims.
There are one or two claims of which I would inquire of the citizens for additional information, one
is Mr. Armstrong who actually put a range of $400-$600. Once I have reviewed the claims, I would
then process the paperwork for payment to the citizens to reimburse them for damages sustained
during the "Brown Water" incident.
It is possible that once sprinkler systems are operated this spring there could be additional claims,
however, I don't anticipate that those would be of a substantial nature.
If you should have any additional questions or need additional information please feel free to
contact me.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
Claim L r "Brown Water" Incident of August 30,2000
Name Address $ Claim $ Paid / Other Notes
Dr. Ron Garber 120 Heather Glen ~8.15
....... "
~1 ........ lilF-~'''
Samuel H. Whiting 122 Tennyson Place t~1'~.83
Reginald Martin 321 Beechwood ~"~57.50
Primrose School/Rob McLaughlin 275 E. Parkway Boulevard ~'~8.28
Tim & Debbie Wesolowski 320 Beechwood ~i'~2.50
John & Cecilia C. Dockery 103 Allencrest t"~7.50
Tate Anderson 513 Arbor Brook ~9.60
David Laschinger 622 Lake Park Drive ~.00
~g:~l~l T~----. '---- n II [ III I I I [I II II
Michael Stephenson 12S Trailwood Lane "1~.S0
Lani Eddins 1120 Woodorest Lane lV~ 1.01
Terry israel ! 2~ Cherrybark Drive ~'~0.00
Melvin Armstrong 461 Sandy I~oll Drive ~ ~ for 400-~00)
Jonna R. Smith ~09 Raven Lane ~"S0.00
I
11'11 ........... II
Paul & Kathryn Salvie 309 Beeehwood Lane ~'~60.64 / (two separate claims)
Larry & Suzanne Smith 120 Mesquitewood Drive v~'66.25
William Freda 161 Dickens Drive ~990.00
Wendy Webb 308 Briareove Lane ~5.00
Lee C. Foreman 629 Pheasant Lane '~'65.00
James H. Chang 237 Westbury Drive ~66.00
Barbara Jean Taylor 134 Allencrest Lane ~45.50
Michele BregandedGregory Roper 611 Quail Lane ~11203.66
George Valcho 620 DeForest Road ~04.00
28 Total Claims $6003.55 $701.06 / $5056.51 Balance
Insurance Paid $ Claims (6003.55-701.06-245.98')
Updated January 16, 2001