The URL can be used to link to this page

03.09.2015-Murray SP-final re-inspect etc email.pdf From:McConnell, Jeanie To:"Michael K. Murray P.S." Cc:Machuga, Jen Subject:RE: REPLY re: Overdue approval of Request for Release of Funds: Murray SP final inspection and landscaping Date:Monday, March 09, 2015 4:53:20 PM Michael, The following list outlines the correction items provided January 23, 2015 with regards to the final th re-inspection performed January 22, 2015 at 1570 – 9 Ave N. You have noted some items have been completed (highlighted in yellow) and once you can confirm all items have been completed another re-inspection at the site can be scheduled. 1)The 2 x 4’s identifying utility stubs were in place, but they were not marked sewer and storm. Please add these markings to the posts. 2)The site still has exposed soils. Department of Ecology requires that all soils not being worked with for more than a 2 day period this time of year be covered. On the north side of the site many weeds have taken over and that will probably suffice. On the south side of the site, however, that isn’t the case. The soils need to be covered. 3)The un-used portion of silt fence material (roll of material) along the north property line has worked itself onto the neighboring property and needs to be removed. 4)I have reviewed the asbuilt plan that you submitted. Please make the following corrections: a.Asbuilt shall be submitted as an engineered mark-up to the original approved civil plans (not redline mark-up) b.All utility lines/stubs/water meters shall be shown in the asbuilt location. c.Provide RIM and invert elevations for all utilities. d.Indicate pipe material, size and depth e.Provide points of reference for sewer line location serving the existing residence, so the sewer can be located in the future. Points of reference can be from the existing house, property pins, water meter boxes, etc. This is especially critical at bends in the line. 5)I will send a separate email to Michael (and copy you) regarding the vegetation management plan. This work has not yet been completed. 6)The failed compaction testing issues are currently being discussed and I will provide you with more direction on this after my communications with the City Engineer. With regards to item 2 above and your follow-up questions, it seems there may be a misunderstanding of the DOE requirement. You have stated the soils will no longer be worked with and this is exactly when they should be permanently stabilized and covered. DOE gives allowances at different times of the year for soils to remain exposed. During the “wet weather season” October stth 1-April 30 the allowance for exposed soils is for 2-days. If the soils are not being worked with after the 2 day window has passed then they shall be covered. With regards to item 4 above, the City still has not received a corrected asbuilt. With regards to item 5 above, an email was sent February 23, 2015 that stated the Planning Division position that the plantings need to be installed. Consideration for an extension date, not to extend beyond March, was to be submitted in writing to the Planning Division. To date, an extension request has not been received by the Planning Division. Please provide on update on the status of compliance with the vegetation management plan. With regards to item 6 above, an email was sent January 28, 2015 stating an alternative to digging up the trench area that failed compaction would be for the City to hold the maintenance bond for a period of 5-years versus the standard 2-years. The maintenance bond is calculated at 15% of the performance bond for all required site improvements. The City does not dictate who (owner, developer, contractor, etc.) is required to post the maintenance bond, but a maintenance bond or bonds shall be submitted to the City for the entire 15%. This equates to $8997 (not including the vegetation management maintenance bond amount). If you work out a situation with Complete Landscaping to provide a maintenance bond for a portion of the amount, then that is your choice. If you would rather have the work completed to City standards at this time instead of posting a maintenance bond for a 5-year period than that is also an option available. The City will not give final project approval until one or the other occurs. You have also asked again for release of the remainder of the performance bond, but until all items have been completed and accepted by the City the remaining bond funds will not be released. This was stated in my email of November 21, 2014. The goal is final project approval , acceptance of a maintenance bond in the amount of 15% of the performance bond and then subsequent release of the performance bond. Regards, Jeanie From: Michael K. Murray P.S. \[mailto:murraylaw@orcasonline.com\] Sent: Friday, March 06, 2015 2:50 PM To: McConnell, Jeanie Subject: REPLY re: Overdue approval of Request for Release of Funds: Murray SP final inspection and landscaping Jeanie, Please be clear about the maintenance bond for the compaction and asphalt work. To quote paragraph “2” of my email below: 2.The “maintenance bond” for the asphalt work will NOT be covered by my existing funds in lieu of bond. The “maintenance bond” for the asphalt work WILL be provided by Complete Landscaping as they are responsible for the asphalt work and compaction testing. So, please inform us exactly what is required for the separate bond from Complete Landscaping, including the amount of that bond. We do not have that information from you, and you need to provide the information so that Complete Landscaping can obtain that bond and get it issued to the City. They are waiting for that information from you. As also stated in paragraph “2” of my email below: Please DO NOT SEND that information as a reply to this email and include Justin Spear, as there are communications in this email that are not for Justin Spear or Complete Landscape. Please send a SEPARATE email regarding the “maintenance bond” to Justin Spear and copy me. I look forward to your email next Monday. Thank you, Michael MICHAEL K. MURRAY, P.S. This email message and attachments are solely for the named addressee. They are intended to remain Confidential and may be subject to attorney-client and or work-product privileges. If you are not the intended recipient or if this message has been addressed to you in error, immediately alert the sender by reply email and delete this message and its attachments. Do not deliver, distribute, disclose, copy or take any action in reliance on this email or attachments. From: McConnell, Jeanie \[mailto:Jeanie.McConnell@edmondswa.gov\] Sent: Friday, March 06, 2015 2:32 PM To: 'Michael K. Murray P.S.' Cc: McConnell, Jeanie Subject: RE: Overdue approval of Request for Release of Funds: Murray SP final inspection and landscaping Michael, I have pulled the file again and will re-familiarize myself with all the pieces of this one. I won’t be able to get back to you until Monday, however. Now that I now you or Complete Landscaping intend to post a bond versus re-compacting the trench section we can work to close out some of this. Regards, Jeanie From: Michael K. Murray P.S. \[mailto:murraylaw@orcasonline.com\] Sent: Tuesday, March 03, 2015 11:33 AM To: McConnell, Jeanie Subject: RE: Overdue approval of Request for Release of Funds: Murray SP final inspection and landscaping Jeanie, 1.I would very much appreciate a call from you regarding the two items from my January 23 email which are: The requirements stated in your (i.e. in Jeanie’s Jan. 23) email for the as-built. I also want to learn from you how the DOE desire that “all soils not being worked with for more than a 2 day period this time of year be covered” has any application to the south portion of the site. Those soils will not be re-graded or substantially worked for any reason, they will receive only fence posts and plantings,. I will also appreciate specific references for a requirement to “cover” that prepared area within the approved Plans and or Codes, particularly when there has been no erosive activity and no erosion of any kind off-site. Note: (the “un-used portion of silt fence material (roll of material) along the north property line) is secured on my property, and the sewer and storm sewer stakes have been labeled. 2.The “maintenance bond” for the asphalt work will NOT be covered by my existing funds in lieu of bond. The “maintenance bond” for the asphalt work WILL be provided by Complete Landscaping as they are responsible for the asphalt work and compaction testing. So, please inform us exactly what is required for the separate bond from Complete Landscaping, including the amount of that bond. We do not have that information from you, and you need to provide the information so that Complete Landscaping can obtain that bond and get it issued to the City. They are waiting for that information from you. Please DO NOT SEND that information as a reply to this email and include Justin Spear, as there are communications in this email that are not for Justin Spear or Complete Landscape. Please send a SEPARATE email regarding the “maintenance bond” to Justin Spear and copy me. 3.Please send your release of funds for all completed work to Washington Federal and to me immediately. Those funds should have been released long ago. I need the requested funds to pay for work already completed and for the upcoming VMP work. My request for release of funds for completion of frontage improvements has been outstanding since November 3 (see my email to you that date). Since then, the asphalt and other frontage work has been completed as shown from your latest inspection, and those amounts should be released in addition to the amounts shown on my November 3 spreadsheet to you. As stated above, the “maintenance bond” for the asphalt work will NOT be covered by my existing funds in lieu of bond but WILL be provided by Complete Landscaping, and you need to provide the information so that Complete Landscaping can obtain that bond and get it issued to the City. They are waiting for that information from you. I am forwarding my November 3, 2014 email request for your reference. Thank you. Please feel free to call me at 206-999-5995. Michael MICHAEL K. MURRAY, P.S. This email message and attachments are solely for the named addressee. They are intended to remain Confidential and may be subject to attorney-client and or work-product privileges. If you are not the intended recipient or if this message has been addressed to you in error, immediately alert the sender by reply email and delete this message and its attachments. Do not deliver, distribute, disclose, copy or take any action in reliance on this email or attachments. From: McConnell, Jeanie \[mailto:Jeanie.McConnell@edmondswa.gov\] Sent: Wednesday, January 28, 2015 3:49 PM To: 'Michael K. Murray P.S.' Cc:spearjustin@gmail.com; Zulauf, JoAnne Subject: RE: Murray SP final inspection and landscaping Hi Michael, I hope you don’t think I’m ignoring you … just juggling too many things at the moment. I was able to speak with the City Engineer further about the failed compaction test results. With the additional information Justin provided it has been determined that the trench does not need to be dug up and re-compacted, but instead the maintenance bond (if the total amount is sufficient to cover the trenching and asphalt restoration) will need to be held for a period of 5 years. This maintenance period is typically 2 years as we previously discussed, but the City Engineer is comfortable with extending that to 5 years and allowing the trench and final patch to remain as is until when/if there is a failure. If no failure is seen in the 5 year period then the bond would be released at that time. If you need to discuss the asbuilt requirements in the next couple of days please contact JoAnne Zulauf (copied on this email). If you can wait until Monday then I’m happy to give you a call then. Covering exposed soils is a standard requirement. We don’t final any sites unless the site has been permanently stabilized, regardless of whether they are currently eroding. If your development were to be done under current code you would also be required to compost amend the soils. Again, I can discuss this further with you Monday or JoAnne can assist you in my absence. Regards, Jeanie From: Michael K. Murray P.S. \[mailto:murraylaw@orcasonline.com\] Sent: Wednesday, January 28, 2015 9:23 AM To: McConnell, Jeanie Cc:spearjustin@gmail.com Subject: FW: Murray SP final inspection and landscaping Hi Jeanie, I would appreciate a call back from you to my email below. I just called your office and was told you are working with someone at the counter so I asked the nice lady to give you a note of my call. Thank you, Michael MICHAEL K. MURRAY, P.S. This email message and attachments are solely for the named addressee. They are intended to remain Confidential and may be subject to attorney-client and or work-product privileges. If you are not the intended recipient or if this message has been addressed to you in error, immediately alert the sender by reply email and delete this message and its attachments. Do not deliver, distribute, disclose, copy or take any action in reliance on this email or attachments. From: Michael K. Murray P.S. \[mailto:murraylaw@orcasonline.com\] Sent: Friday, January 23, 2015 12:39 PM To: 'McConnell, Jeanie' Cc: 'spearjustin@gmail.com'; 'Machuga, Jen' Subject: RE: Murray SP final inspection and landscaping Hello Jeanie, Please call me regarding your email below. I want to discuss three subjects: A.The requirements stated in your email for the as-built. B.I also want to learn from you how the DOE desire that “all soils not being worked with for more than a 2 day period this time of year be covered” has any application to the south portion of the site. Those soils will not be re-graded or substantially worked for any reason, they will receive only fence posts and plantings,. I will also appreciate specific references for a requirement to “cover” that prepared area within the approved Plans and or Codes, particularly when there has been no erosive activity and no erosion of any kind off-site. C.I am very surprised that the “un-used portion of silt fence material (roll of material) along the north property line has worked itself onto the neighboring property” because when I was on-site last week the unused portion was still retained within the wire of the “roll” and “T-bar” stakes securing the fencing, and the “roll,” “T-bar” stakes and silt fence was all south of the trees. Note that the trees are all on my property and the property line lies north of the trees. Do you have a photo showing the condition that you can email to me? Also, although I thought this was covered before but to be clear, Justin / Complete Landscape have no role in the Vegetation Management Plan work of the project so including Justin in VMP communications is not productive or appropriate. I will contact Planning regarding completion of the work of the VMP. The fencing and plantings will be installed per the VMP and my prior communications on that subject. I am available for your call, at your convenience. My cell is 206-999-5995. Thank you. Michael From: McConnell, Jeanie \[mailto:Jeanie.McConnell@edmondswa.gov\] Sent: Friday, January 23, 2015 11:54 AM To: 'Michael K. Murray P.S.' ; Rivera, Chris; Machuga, Jen Cc:spearjustin@gmail.com Subject: Murray SP final inspection and landscaping Michael, The email below outlines the results from the final re-inspection performed yesterday for the th subdivision at 1570 – 9 Ave N (PLN20070013). On another note, Jen was able to discuss your request to delay installation of the plantings described in the Vegetation Management Plan with the Senior Planner and Planning Manager. The direction received was that the plantings need to be installed. City code requires that all subdivision improvements be completed within 1-year from the recording of the subdivision. Recording occurred on July 25, 2012, so completion would have been required on or before July 25, 2013. On April 24, 2013, the City received a request to completion date to March 28, 2014. This was found to be acceptable by the City and all improvements should have been completed by that date. With that said, if you submit a request in writing providing a detailed explanation as to why the fence and plantings have not yet been installed, along with a specific schedule for their installation, the Planning Division will give consideration to this. Consideration will not be given for a timeframe that extends beyond the end of March. After all NGPA work has been completed and prior to release of the landscaping portion of the performance bond, a maintenance bond will be required in the amount of 15% of the planting costs. This is consistent with the maintenance bond discussions we have had regarding the other improvements. Please also note that the erosion control portion of the performance bond will be held until all required landscaping has been completed. Thank you, Jeanie From: McConnell, Jeanie Sent: Friday, January 23, 2015 11:23 AM To: 'Justin Spear' Cc: Rivera, Chris Subject: RE: \[FWD: \] Murray SP final inspection results from 1/22/2015 Hi Justin, I forwarded the compaction test information to the City Engineer on the day you sent it to me, but I have not yet heard back from him. He has barely been in his office since then and as of right now it doesn’t look like I will get time with him until Tuesday. I will let you know as soon as I know. We did perform the final re-inspection yesterday. The following provides a complete list of items that need to be addressed prior to final project approval: 1)The 2 x 4’s identifying utility stubs were in place, but they were not marked sewer and storm. Please add these markings to the posts. 2)The site still has exposed soils. Department of Ecology requires that all soils not being worked with for more than a 2 day period this time of year be covered. On the north side of the site many weeds have taken over and that will probably suffice. On the south side of the site, however, that isn’t the case. The soils need to be covered. 3)The un-used portion of silt fence material (roll of material) along the north property line has worked itself onto the neighboring property and needs to be removed. 4)I have reviewed the asbuilt plan that you submitted. Please make the following corrections: a.Asbuilt shall be submitted as an engineered mark-up to the original approved civil plans (not redline mark-up) b.All utility lines/stubs/water meters shall be shown in the asbuilt location. c.Provide RIM and invert elevations for all utilities. d.Indicate pipe material, size and depth e.Provide points of reference for sewer line location serving the existing residence, so the sewer can be located in the future. Points of reference can be from the existing house, property pins, water meter boxes, etc. This is especially critical at bends in the line. 5)I will send a separate email to Michael (and copy you) regarding the vegetation management plan. This work has not yet been completed. 6)The failed compaction testing issues are currently being discussed and I will provide you with more direction on this after my communications with the City Engineer. Thank you, Jeanie From: Justin Spear \[mailto:spearjustin@gmail.com\] Sent: Thursday, January 22, 2015 4:49 PM To: McConnell, Jeanie Subject: Re: \[FWD: \] Murray SP compaction testing Hi Jeanie, did everything look good on Michael's walk through? How about the compaction report, wereyou able to touch base with your boss? Thanks Justin On Wednesday, January 21, 2015, Justin Spear <spearjustin@gmail.com> wrote: I don't know what that means. Took 3 test. One in middle and one in the center of the east lane. One just to the west of the center. We wanted to keep the lane open for traffic so I wasn't able to go all the way across. Used lots of pea gravel in the bottom and we were able to do average 12" or so lifts on the fill. When we got within 4' of the surface we were able to widen the area out where the ditch was caving and compact that area really well too. I feel really confident in the fill. The soils tech that was onsite said my moisture content was the biggest problem. We added water and continued compacting. When he left he told me not to worry that it should be fine. From now on I will always worry until I get the report! On Wednesday, January 21, 2015, McConnell, Jeanie <Jeanie.McConnell@edmondswa.gov> wrote: Thanks Justin. In the report, under Depth or Elevation it says SB. Do you know what this means? Also, do you know where along the line of the trench the test was taken? East side, west side, how many feet of edge of pavement, etc. ? From: Justin Spear \[mailto:spearjustin@gmail.com\] Sent: Wednesday, January 21, 2015 1:18 PM To: McConnell, Jeanie Subject: Fwd: \[FWD: \] ---------- Forwarded message ---------- From: <justin@completelandscapeinc.com> Date: Wednesday, January 21, 2015 Subject: \[FWD: \] To:spearjustin@gmail.com -------- Original Message -------- Subject: From: Julie Thomsen <JThomsen@MAYESTESTING.com> Date: Jan 21, 2015 12:51 PM To: "justin@completelandscapeinc.com" <justin@completelandscapeinc.com> CC: Hi Justin, Attached are the three PDF's that have previously been emailed for project L14574 Murray Short Plat, as you requested. If you have any questions after reviewing the attached, please let us know. Respectfully submitted, Julie Thomsen | Account Coordinator jthomsen@mayestesting.com<mailto:jthomsen@mayestesting.com> Tel: 425.742.9360 | Fax: 425.745.1737 MAYES TESTING ENGINEERS, INC. www.mayestesting.com<http://www.mayestesting.com/> Main: 20225 Cedar Valley Rd, Ste 110 | Lynnwood, WA 98036 | 425.742.9360 Tacoma: 10029 S Tacoma Way, Ste E-2 | Tacoma, WA 98499 | 253.584.3720 Celebrating 10 years in Portland: 7911 NE 33rd Dr, Ste 190 | Portland, OR 97211 | 503.281.7515 \[https://encrypted- tbn1.gstatic.com/images? q=tbn:ANd9GcQuBMmupy3ieb84yNvgeVBFqgfNZ68eFHVrcnoHebbRbARMnNS3\] <http://www.facebook.com/mayestestingengineers>\[http://t1.gstatic.com/images? q=tbn:ANd9GcTeoXm3RcUROr10yE7oYxazR8uiPlMcwm0N2drRQ2RHWGfdMFtA\] <http://www.linkedin.com/company/mayes-testing-engineers-inc.? trk=hb_tab_compy_id_608542> Connect with us This transmittal is intended for the individual/agency so named and may contain proprietary or other information confidential in nature. If you received this transmittal in error, or if the delivery of this document to the individual/agency so named is in error, please destroy this document in its entirety and notify the sender immediately.