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Home My WebLink About017-25 - Resolution - 660 Zone Reservoir and Booster StationDocusign Envelope ID: 7322C9B3-B1FF-483C-89BB-23CA5E14752E RESOLUTION NO.017-25 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE 660 ZONE RESERVOIR AND BOOSTER STATION AS CONSTRUCTED BY MCCORMICK COMMUNITIES, LLC IN ACCORDANCE WITH CONTRACT C048-22 AND APPROVING THE CERTIFIED CONSTRUCTION COSTS FOR THE PROJECT. WHEREAS, on March 10, 2022, the City entered into a reimbursement agreement for utility system improvements with McCormick Communities, LLC, under Contract C048-22; and WHEREAS, Contract C048-22 required McCormick Communities, LLC to finance and construct five Capital Improvement Projects, including CIP No. 15 — 580 to 660 Zone Booster Station and CIP No. 16 — 660 Zone Reservoir; and WHEREAS, the agreement provided that McCormick Communities, LLC would certify the final costs of each project and that the City would review and approve those certified costs; and WHEREAS, McCormick Communities, LLC has completed construction of the 660 Zone Reservoir and 580 to 660 Zone Booster Station and has submitted the certified construction costs for both projects; and WHEREAS, McCormick Communities, LLC has also submitted a Bill of Sale transferring ownership of the facilities to the City; and WHEREAS, the Public Works Director has reviewed the submitted documentation and has determined that the 660 Zone Reservoir and Booster Station are substantially complete and recommends that the City accept the improvements and approve the certified construction costs; and WHEREAS, the certified construction cost for CIP No. 16 — 660 Zone Reservoir is $6,172, 094.68, for which the maximum credit authorized under the agreement is $2,850,000; and WHEREAS, the full $2,850,000 credit for CIP No. 16 has already been previously authorized and no additional credit is due; and WHEREAS, the certified construction cost for CIP No. 15 — 580 to 660 Zone Booster Station is $2,249,623.67, and the Public Works Director recommends approval of the maximum credit amount of $750,000 as authorized under the agreement; and WHEREAS, the City wishes to formally accept ownership of the improvements and establish the certified construction costs and authorized credits for both projects in accordance with the 2022 Agreement; Docusign Envelope ID: 7322C9B3-B1FF-483C-89BB-23CA5E14752E Resolution No. 017-25 Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The 660 Zone Reservoir and Booster Station as constructed by McCormick Communities, LLC is accepted in accordance with Contract C048-22. THAT: The total certified cost of 660 Zone Reservoir and Booster Station is $8,421,718.35. THAT: The Mayor is authorized to sign the Bill of Sale which is attached to this Resolution. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 22nd day of April 2025. Signed by: �;3e Robert Putaansuu, Mayor ATTF: gTa by: �jVGUn 1N "':ORS r07"'`�%,,�� Brandy Wallace, MMC, City Clerk 'SEAL `�� •�luRpR^: �cA\ Docusign Envelope ID: 7322C9B3-B1FF-483C-89BB-23CA5E14752E BILL OF SALE THIS BILL OF SALE is made and executed this /z� day of - ' <' 20 , by and between _McCormick Development Corp , a Washington Limited Liability Corporation, hereinafter called the "Grantor" and the City of Port Orchard, a Municipal Corporation, hereinafter called the "Grantee." WITNESSETH: That the Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby conveys, sets over, assigns, transfers and delivers and warrants to the City of Port Orchard ownership in the following described personal property situated in Kitsap County, State of Washington, and installed by the Grantor to date, TO WIT: Public Water and associated appurtenances constructed on -site at the McCormick 660 reservoir rolect located on parcels 072301-1-006-2003. These improvements are further described in Exhibit A and itemized in Exhibit B, both of which are attached hereto and incorporated herein by this reference. The Grantor hereby warrants that it is the lawful and sole owner of all the personal property above conveyed, that such items are free from all liens and encumbrances, that the Grantor has the full power to convey and transfer the same, and that the Grantor will defend the same against the claims and demands of any and all persons lawfully making claims thereto. The Grantor further warrants that the execution of this Bill of Sale is an authorized act of said Grantor. Dated at _ ytzk�ti� Washington, this -' `l day of APR - k , 20 zV GRANTOR: (M ormic Development Corp) By: Its: A orized Signatory Print Name: James N Tosti PASurcty fonw Bill of Sole approved by Immm A"t Bill of Salc - Mader Forth Docusign Envelope ID: 7322C9B3-B1FF-483C-89BB-23CA5E14752E [Remainder of page intentionally left blank] PASc ty fonn nBill of Sal6approved by Interim AttylBill of Sale —Master Form Docusign Envelope ID: 7322C9B3-B1FF-483C-89BB-23CA5E14752E STATE OF WASHINGTON COUNTY OF rl;TC- )SS) On this �� day of L- , 20`u before me personally appeared IFS �s t to me known to be the managing member for a limited liability corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this few day of APd-1 L-- , 20 2s-. William izzey Notary Public State of Washington FIMV Appointment Expires 4/18/2026 CQMmA$iqn Nurrlber 22017366 Notary Public in a d for the State of Washington, residing in �� ti,J�ct� My commission expires Dated at Port Orchard, Washington, this �� day of CSC , 20_2tj CITY OF PORT ORCHARD t By: Rob Putaansuu, Mayor STATE OF WASHINGTON )ss COUNTY OF KITSAP On this day and year above personally appeared before me, Rob Putaansuu, who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Port Orchard for the uses and purposes therein mentioned, and on oath states he is authorized to execute the said instrument. Given under�myRP@pad official seal this day of , 200?� �0 COMM. ission lays 151224 ber �j y l r =co Jenine Floyd �- 1 = -+ #taryPublicIn and for the Stat ngton=�04yAApointmentEx }es O in `- �k 1111512026 A,'Z My commission expires P, Sumty forms Bill of Salc-app—ed by lntc Any Bill of Sale - Maacr Form Docusign Envelope ID: 7322C9B3-B1FF-483C-89BB-23CA5E14752E Docusign Envelope ID: 7322C9B3-B1FF-483C-89BB-23CA5E14752E Exhibit A List of Required improvements This Exhibit provides a general description of the public improvements conveyed to the City of Port Orchard under this Bill of Sale, related to the "McCormick Communities 660 Reservoir" project. The improvements are as shown in the approved construction plans prepared by HDR and Encompass, dated July 31, 2023, and the architectural plans prepared by Medici Architects, dated September 19, 2024, together with all submittals associated with each respective plan set. 1.) The specific improvements conveyed under this Bill of Sale include, but are not limited to, the following elements as depicted in the approved construction drawings: a. Extension of the public sanitary sewer system, including all associated manholes and appurtenances located within the project area. b. Extension of the public water main, including all associated f ttings and appurtenances located within the project area. c. Construction of public roadway and stormwater infrastructure, including all associated structures and appurtenances located within the project area. d. Construction of the 660 Reservoir. e. Construction of the Pump Station Building, including all associated mechanical, electrical, and control systems. The quantities, unit values, and total estimated value of the improvements described above are detailed in Exhibit B. These improvements are associated with the following City of Port Orchard permit numbers: PW22-044, PW22-045, and 22- 617. Docusign Envelope ID: 7322C9B3-B1FF-483C-89BB-23CA5E14752E Exhibit B Row Labels Alliance Steel Fabrication Bear Inspection & Consulting LLC City of Port Orchard Contour Engineering, LLC Department of Health Encompass Engineering & Surveying Evergreen Lumber Foundation Specialists HD Fowler Company HDR Engineering Inc. Home Comfort Alliance Insulation Contractors Interior Technology Modernfold Northwest, Inc Krazan &Associates, Inc Malsam Tsang Engineering Corp. Medici Architects Mulhern+Kulp Peltram Plumbing LLC Puget Sound Energy Rhyatt Construction LLC Riley Group RV Associates, Inc Sound Acoustics Source Electric T Bailey, Inc. Washington Cedar & Supply Co Washington State Department of Ecology Grand Total Sum of Amount Sum of Reservoir Costs W 92,967.92 33.628.12 33, 628.12 37,226.21 18,613.11 5,650.00 2,825.00 1.984.00 1,994.00 21,379.64 10,689.82 2,077.40 - 68,134.34 126, 617.21 - 535,374.31 267,687.16 42,338.45 - 20,413.60 56,535.43 - 7,344.19 7,344.19 11,651.25 - 20,871.25 1,500.00 12,970.64 43,190.76 26,672.10 - 612.50 306.25 1,194,613.85 597, 306.93 40,095.00 - 776,381.84 5,225,510.11 5,225,510,11 9,778.22 - 6,200.00 6,200.00 8,421,718.34 6,172,094.68 Sum of Pump Station Costs 92,967,92 18,613.11 2,825.00 10,689.82 2,077.40 68,134.34 126,617.21 267,687.16 42,338.45 20,413.60 56, 535.43 11,651.25 20,871.25 1,500.00 12,970.64 43,190.76 26,672.10 306.25 597,306.93 40,095.00 776,381.84 9,778.22 2,249,623.67