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39416 CORRESPONDENCE Page 1 of 2 Wayne McGavran From: John Hohman Sent: Friday, August 11, 2006 8:03 AM To: Wayne McGavran Cc: Alysa Wryrick; Henry Allen Subject: RE: Updated list of projects needing response to recommendations Ok to all on list. Thanks. . -----Original Message----- From: Wayne McGavran Sent: Monday, ]une 26, 2006 10:33 AM To: John Hohman Cc: Alysa Wiyrick; Henry Allen Subject: Updated list of projects needing response to recommendations John, Shown in the table below are the latest projects awaiting a response to our recommendations. Please see the e-mail pertaining to each project or ask us if you need more information. SP-811 UR.3.5 Single Residence Close project with no further action required. PE-1750A Shelly Lake PUD lSt Addition Close project with no further action required. BSP-0064 Bonuccelli Marieta @ Sullivan Continue to monitor to insure swales and sidewalks are constructed per plan. Bond is still active. BSP-0077 Decker Distribution Center Bond was closed and due to length of time that has passed, consider this project closed with no fiu-ther action , required. SP-1320-03, New Plats No public works concem exists. SP-1321-03 Therefore, remove from surety and SP- spreadsheet and consider closed. 1324-03 PE-1504 Hanson Center East Consider this project closed vvith no further action required. BSP-04-04 Donwood Consider this project closed with no further action required. PE-1899 Aleffi Addition Complete swale along 8t' and remove fabric from drywells. Once this is done consider this project closed and send letter releasing the warranty bond. PE-1871 Christin's Addition Correct items on latest punch list. A 8/14/2006 Page 2 of 2 ~ . , letter was sent to Mike Rupert detailing corrections needed. Once this is done, close project and send letter releasing bond. 8/14/2006 Page 1 of l Wayne McGavran From: Wayne McGavran Sent: Monday, April 10, 2006 12:23 PM To: Alysa Wyrick Cc: John Hohman; Henry Allen Subject: Correction to BSP-0064 and Recommendation Alysa, I received an e-mail from Kemper Insurance today and they made an error when they canceled the bond for this project. The release they had received was for bond #3S-16903 not #3S-16904 and they will correct ASAP. Therefore, the recommendation should be revised to state bond is still active and continue to monitor to insure swales and sidewalks are constructed as per plans. If you need any more information or have any questions, let me know. Wayne 4/ 10/2006 ! C Wayne McGavran From: Steve.Squatrito@kemperinsurance.com Sent: Monday, April 10, 2006 11:51 AM To: Wayne McGavran Subject: Robert A. Bonuccelli Surety Bonds #3S 016903 & 3S 016904 Dear Mr. McGavran thanks for your inquiry on #3S 016904. I pulled the underwriting file and see that an error was made on our part. On 4/1404, we rec'd a fax from the insurance agent stating bond #3S 016904 ($35,000 Road Improvement bond for BSP-64) was released. Unfortunately, they referenced the incorrect bond as the release we rec'd was actually for bond #3S 016903 ($5,000 Sewer Improvement bond for BSP-64-98). We didn't catch this and consequently, cancel].ed the wrong bond in our system. I'l1 have tha.s corrected ASAP. S presume that bond #3S 016904 ($35,000 Road Improvement bond for BSP-64) is sta.].1 active? Thanks and our apologies for any a_nconvenience. Steve Squatrito, Manager Kemper_ Surety 12NW0360 1 Kemper Drive Long Grove, IL 60049 Phone (897) 320-2353 Fax (847) 320-2068 Forwarded by Steve Squatr.ito/KFP/Kemper on 04/10/2006 01:33 PM <wmcgavzan@spokan evalley.org> To 04/07/2006 12:37 <corprel@kemperinsurance.com> PM cc Subject Kemper Insurance Web Site Customer Contact Feedback Type: Name: Wayne McGavran Email: wmcgavran@spokanevalley.org Title: Development Ynspector Company: City of Spokane Va].ley Address: 11707 E. Sprague Ave. Suite 106 City: Spokane Valley State: WA i a Zip"Code: 99206 Phone: 509-688-0038 Fax: 509-921-1008 Policy Number: not supplied Message: I talked to one of your representatives today about a Bond #3S016904-00 and she informed me that the bond was canceled on 9/9/04. Would it be possible for you to fax us a copy of the letter releasing the bond, so we can update our files. The bond was oziginally issued by Lumbermens Mutual Casualty Company, with Spokane County as the "Obligee" and Robert A. Bonuccelli as the "Principal". Thank you for your help. DISCLAIMER: This communication, along with any documents, files or attachments, is intended on].y for the use of the addressee and may contain lega].ly privileged and confidenta.al a.nformation. Yf you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is stra.ctly prohibited. If you have received this message in error, please notify the sender immediately and desi:roy the original communication and its attachments without reading, prxnting or saving in any manner. This communication does not form any contractua]_ obligation on behalf of the sender or, the sender's employer, or the employer's parent company, affiliates or subsidiaries. 2 Page 1 of 2 t Wayne McGavran From: Wayne McGavran Sent: Friday, April 07, 2006 11:16 AM To: Alysa Wiyrick Cc: John Hohman; Henry Allen Subject: Recommendations for BSP-0064, BSP-0077, SP-1320-03, SP-1321-03 and SP-1324-03 Alysa, Listed below are updated status reports for five projects shown on the surety inspection spreadsheet with recommendations. BSP-0064 Bonuccelli Marieta @ Sullivan I visited this site on 4/5/06 and observed that this project appears to be still under construction. The Marieta Avenue portion of the project has been completed as far as curbing and paving is concerned. Sidewalk and swales were constructed only on portion along commercial development on the south side of Marieta. There were two areas of concern on this portion and they were: 1. Cracked sidewalk panel at approach to business development. 2. Curb inlets do not drain into swales due to the thickness of the sod. 7`he file contained a Roadway Improvement Bond for $35,100.00 issued by Lumbermens Mutual Casualty Company, dated 3/26/0 1. I tried calling the bonding company, but they are no longer at the number given on the bond, in fact it appears that the bonding company no longer exists. I was able to determine that Kemper Insurance was conta.ct for bond and was told by them that bond had been released on 4/9/04. I e-ma.iled them and asked for a copy of the release letter. This project was constructed in 2002 and is an ongoing development. It appears that all lots within this project limits are commercially zoned and that construction of swales and sidewalks is tied to each lot, as developed. At the time I visited the site, material was being hauled off from the west end of the Marieta Cul-de-Sac. Recommendation: Since the bond has been released, consider this project closed. However, any further commercial developments should be monitored to insure swales and sidewalks are constructed as per plan. BSP-0077 Decker Distribution Center I visited this site on 4/5/06 and found the following areas of concern, along Bowdish Road: 1. There were 2 panels in the sidewalk which were cracked. 2. There were 2 panels in the sidewalk which had settled as much as l-] /4". 3. There was 1 panel in sidewalk which had a broken corner at south-end of sidewalk. 4/7/2006 Page 2 of 2 ~ This project was constructed in 2001 and the file contained a bond in the amount of $22,000.00 and was issued by Washington Trust Bank. It was dated 6/7/01. There was a letter in the file releasing the performance portion of the bond, but retaining $4400.00 as a warranty bond. The letter states that the warranty portion will expire two years from 11/28/01, and was signed by John Hohman, P.E., for Spokane County. No release was found in the file. I called the bank and was told that the Savings Certificate for this bond had been closed on 11/29/01 with zero balance. The bank stated that they would have no file due to it being done in 2001. Recommendation: Due to the length of time that has passed, and the bond being closed out, I would doubt that any corrections to items listed above could be done. Therefore, consider this project closed with no further action required. SP-1324-03, SP-1321-03 and SP-1320-03 I visited the sites of these three projects on 4/5/06 and observed that no public works concern exists. These projects were for new plats and did not require bonds. They probably should not have been listed on the surety spreadsheet. Recommendation: Remove from surety spreadsheet and consider them closed. Please let me know if you need more information and if you agree with the recommendations. Wayne 4/7/2006 • ~ ~ . ROADWAY IMPROVEMENT BOND - SPOKANE COUNTY Bond No. 35016904-00 Spokane County Engineer File # BSP64 KNOW ALL BY THESE PRESENTS, that Robert A. Bonuccelli, as "PRINCIPAL", and BONDING COMPANY Lumbermens Mutual Casualtv Comuanv, a corporation organized and existing under the laws of the State of Illinois , and authorized to transact a surety business in the State of Washington, as "Surety," are held and firmly bound unto Spokane County, a political subdivision of the State of Washington, as "Obligee," in the penal sum of $35,100 (Thirty-Five Thousand One Hundred and no/100 US Dollars) lawful money of the United States of America, for the payment af which the Principal and urety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREEIS, said Principal s the developer f a tract of land in Spokane County known as Binding Site Plan 64 - Sullivan & Marietta (Spokane County Project No. BSP 64) and being located in Section r22, Township 25 North, Range 44 E., W.M., in Spokane County, Washington, and said County has required that a bond be furnished in an amount sufficient to pay the construction cost of installing to the v approved grades, curbs, sidewalks, drainage control andlor paving of roadways adjacent to said development, and such other work as in incidental and necessary thereto, as well as all in accordance with ~j the accepted plans on file at the Spokane County Engineer's Office, and Spokane County Road Department ~ Specitications dated April 1999, and to the satisfaction of the Spokane County Engineer; such ~ improvements to be completed within two (2) years or less from the date of plan acceptance unless said time period be extended at the option and with the expressed written consent of the Spokane County Engineer; and THEREFORE, upon failure of Principal to comply with the requirements stated herein within the G~ time authorized, and upon delivery of written notice thereof by Obligee to Surety, the Surety shall make ~ satisfaction to Obligee to the extent of this Bond; and. ~ THEREFORE, the obligation of this Bond shall be kePt in full force and effect until, in the ~V opinion of the Obligee, the requirements herein stated have been satisfied, in which event written release +jJ will be given by the Obligee, the Obligee having sole right to grant such release. Surety hereby waives all rights to release from the obligation excepi as herein stated. SIGNED AND SEALED this 26th day of March, 2001. RECEIVEQ 4~. BONDING COMPANY: Lumbermens Mutual Casualtv Companv MAR 2 6 2001 ~ ~1 Address: P.O. Box 2151 SPOKANE COUNTY ENGINEER i ~ City, State: Saokane, Washin0on Zip Code: 99210 Phone (509) 358-3900 sy: . Title: Charla M. Boadle. Attornev-In-Fact -Y . 1 • ~ FRINCIpA L f Ra &rt. Bonuccellrai Address: P.O. Rox 141449 City, State: Sookane. Washinuton _ Zip Code: 99214 Phone # l5091924-9734 (To be notarized by P12IlVCTPAL(s) and SURETY use as appropriate) Rabert A. Bonucce]li State of Washington ) )ss County o'f 5pokane } I certify [hat Z know or have satisfactory evidence that Rabert A. Bonuccelli is the persvn who appeared before me, and said person acknaw+ledge that he signed #his insirument and acknowledged it to be his free and voluntary act for the uses and purposes mentionetl in t h e 'L nstrurnent. Dated 2-Z[e.-0 f r', 1 ~ otary Public in anc1 Fc,r the State of Washington. r My Appaintment Expires: T" 1 T- II1 I I rII#1j~ oli'~~Wo ~V1. - t,~oT AR je S Lumbermens IVlutual Casualta Cornvanv A Xllinois Corparation, Surety Cvmpany ~W.~~ ~~"~j' • • ~ By: Charla M. Boadle Z ZWr~~ Tt's: Attornev-Tn-Ea,ct State of Washington ) }ss Gount}r of Spokarte } I cCrti'fy that I]cr~ow nr have satisfactvey evidence that Cha.rla M. Boadle is the person wha appeared before me, and said person acknowled-yed that she si-ned this instrurnent on oath stated that sne was authorized to execute the instrument anci acknowledged it aS the Attornev -In -Fact of Lurnbermens Mutual Casualtv Comnanv_ to be the free and uoluntary act of such party For the uses and purposes mentioned in the r inStrurnent. . ~..T9~ Dated:lVlarch 25. 2001 ~QsiOnY J oPublic ~n and F~e tXState ofWashington, MY rWPointment Expires: ;A'• 1s r ~ ,i'~'~,'~~' « w . ~ - . STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Hames personaily known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. 1J11111,A1bA1 +0 *-20FFI CIAL SEAL" lih. 4 Irene Klewer ► . .4 Notary P ubl Ic. 3 tate of I III no Is R oo A11j Gammmion Expue-, Jan 28.800z lo My commission expires 1-28-02 rvvvvvvvvvvvv Irene Klewer, Notary Public CERTIFICATION I, J.K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated December 8, 2000 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in fu11 force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and Robert P. Hames, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and,the American Manufacturers Mutual Insurance Company on this March 26 , 2001 . o~~toel ~8`ej 'S% Mut. J~~ o~o~Uta Irua~ r Cu t ~n I~~~ AM IIUNOfS n 3 E A l caaPOaenon 3 ; t ild p C a $ g` a$ mV \~~~o (ond s,a~ J. K. Conway, Corporate Secretary This Pawer of A;torney lirnits the acts of those named therein to the bonds and undertakings specifically named therein anC !h.py have nc a0thOriy to bind the Company except in the manner and to the extent herein stated. FK 0362 6-96 Power of Aitorney - Printed in U.S.A . ~ - . ~ I%MPER* . Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the Ame(ican PVlotorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint Charla M. Boadle, Joanne Tonani, W.W. Weller, Lois Stewart, George C. Schroeder and Chris Larson of Spokane, WA (EACH) their true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. , THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF ' This Power of Attomey is executed by authority of resolutions adopted by the Executive Committees of the Boards of Cirectors of the Compary on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and arE; hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designatF:i in writing a:;d fiiEd Lvith the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to au:horize them to execute a1n behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, cor.tracts of indemn-iiy and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptanr,e of procesa." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this December 8, 2000. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company ~~tual Cai`' Mnt in, c ~~sts fni~~s 1 11~+ Pp S s` toR?oRAtE ~ t!l 3E I WRobert P. Hames, Secretary by J. S. Kemper, III, Exec.Vice President BOND ESTIMATE ~ PROJECT Binding Site Plan 64, Marietta Avenue NAME Doug Busko, P.E. DATE 22-Mar-99 DRAINAGE ITEMS UNITS QUANTITY PRICE COST 1) Drywell - Type A EA 4.00 1350.00 5400.00 2) Drywell - Type B EA 1700.00 0.00 3) Grate - Type 1 EA 320.00 0.00 4) Grate Type 2 EA 345.00 0.00 5) Grate - Type 4 EA 4.00 300.00 1200.00 6) Backfill For OW CY 120.00 17.25 2070.00 7) Concrete Inlet EA 800.00 0.00 8) C.M. Pipe 10" Dia. LF 24.00 0.00 9) C.M. Pipe 12" Dia. LF 27.00 0.00 10) C.M. Pipe 15" Dia. LF 29.00 0.00 11) C.M. Pipe 18" Dia. LF 30.00 0.00 12) Precast Manhole EA 1500.00 0.00 13) Solid lid EA 325.00 0.00 14) Ditch Excavation CY 10.00 0.00 15) Sod SF 3409.00 0.70 2386.30 NON STANDARD DRAINAGE ITEMS 1) Wilbert Vault Curb Inlet EA 250.00 0.00 2) 0.00 3) 0.00 4) 0.00 5) 0.00 G) 0.00 DRAINAGE SUBTOTAL 11056.30 16) Monuments EA 1.00 185.00 185.00 17) Barricade LF 35.00 0.00 18) Street Signs EA 90.00 0.00 OTHER SUBTOTAL 185.00 GRADING, SURFACING, CURB, AND SIDEWALK 19) Rough Grade CY 1061.00 10.00 10610.00 20) Top Course CY 708.00 15.50 10974.00 21) Base Course CY 15.50 0.00 22) Asphalt Concrete Tons 725.00 46.00 33350.00 23) Curb Type A LF 7.50 0.00 24) Curb Type B LF 8.50 0.00 251 Curb Type R LF 1357.00 8.50 11534.50 26) Sidewalk SQ YD 905.00 17.50 15837.50 NON-STANDARD ROAD ITEMS 1) 0.00 2) 0.00 3) 0.00 4) 0.00 GRADING AND SURFACING 82306.00 CONSTRUCTION TOTAL, INCLUDING MULTIPLIER OF 1.10 $ 102,902.03 /1P31 aft e ~ r STREET QiJANTITIES ` PROJECT NO. - ESP 64 DESIGNER- DDUG BUSKD DATE- 3/22,/99 PROJECT DESCRIP'I'3ON- ROBER'T' BONLICELLI BSP AT MARZETTA AVENUE ST;REET 1 NAME - MAR IET'I'A AVEN[.TE LEN'GTH - 600.00 FT. V+T I I]TH- 40.00 F SEGINNTNG STATION = 0.00 ENDIIVG STATTDN = 600.00 'FERM # 1 : CUL-DE- SAC STATiTD,ARD PERN! RADIUS = 45. 0 0 RADII 20 . 0 0 TERM # 2 ; CHOPPED I'I'EM MEASTJREMENT QTJANTITY S'URF~~E AREA- 28656.24 S . F . RDADW.A.Y E~CAVATIDN 1.00 FT. 1061.3 C.Y. CRTJSHED SURFACING TCDP CflLXRSE 0.67 F'T. 707.6 C.Y. CRUSHBI] SLTRFACING BASE COURSE 0.00 F'I' . 0.0 C. Y . A,SPHALT CDNCRETE 0.33 FT. 725,3 TQIV; CURB TYPE R EXISTIIVG 0.00 F"7' . F'RDPDSED 1355 . 9 F"I' . STDET+JALK EXISTI1VG 0.00 S. y. FROPQSED 904 . 5 S . Y. ---,----------------------------------------a------------___---__a---------- TOTA,LS RDADWAY ~~~AVATION 10 61. 3 C. Y. CRU'S;HED STJRFACII1TG TOP COLTRSE 7 07 . 5 C. Y . CR'U'S'HED SURFACITiTG BASE C4URSE 0.0 C . Y. ASPHALT CDNCRETE a 725.3 TOIVS CURB TYPE R 1356.9 FT. SI'DEWALK 9 04 . 5 S. Y.