002-23 - Resolution - Accepting TIP Project for McCormick RoundaboutDocuSign Envelope ID: 0786E996-D4B7-48B6-BB56-193978768077
RESOLUTION NO. 002-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING
TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #1.5C, DOCUMENTING
CERTIFIED CONSTRUCTION COSTS AND MAXIMUM TRANSPORTATION IMPACT
FEE CREDITS GRANTED PURSUANT TO CONTRACT C035-21.
WHEREAS; on February 1, 2021, the City and McCormick Communities LLC entered into a
development agreement for transportation identified as Contract C035-21; and
WHEREAS; Contract C035-21 required the construction of various transportation
improvements and provided a framework to grant traffic impact fee credits to McCormick
Communities; and
WHEREAS; McCormick Communities has substantially completed the construction of the
McCormick Village Drive Roundabout project, identified as TIP Project #1.5C "Old Clifton Road —
Campus Parkway Intersection" in the development agreement (note that Campus Parkway has
since been renamed as McCormick Village Drive), other than minor repairs covered by a bond; and
WHEREAS, Contract C035-21, section 12 stipulates that McCormick Communities LLC
would receive credit equal to the lesser of the actual costs incurred by the developer or the
engineers' estimate contained in the City's Traffic Impact Fee Calculation plus an annual inflator
per the CPI-U; and
WHEREAS, the City's Traffic Impact Fee Calculation was adopted by Ordinance 007-21 on
February 91", 2021; and
WHEREAS, the engineers' estimate for project #1.5C as found in the rate study attached to
Ordinance 007-21 was $1,600,000; and
WHEREAS, since Ordinance 007-21 was adopted, the traffic impact fee was adjusted once
on March 1, 2021, by the CPI-U with an increase of 1.7 percent and again on March 1, 2022, by 4.6
percent; and
WHEREAS, pursuant to Contract C035-21, the engineer's estimate for TIP Project #1.5C
increased on March 1, 2021, by 1.7 percent and March 1, 2022, by 4.6 percent thus increasing the
engineer's estimate for the project from $1,600,000 to $1,702,051.20; and
WHEREAS, on December 2, 2022, the City received certified construction cost
documentation from McCormick Communities LLC for TIP Project #1.5C showing total
expenditures of $2,595,177; and
WHEREAS, the engineer's cost estimate adjusted per the CPI-U is less than the certified
construction costs for TIP Project #1.5C; and
DocuSign Envelope ID: 0786E996-D4B7-48B6-BB56-193978768077
Resolution No. 002-23
Page 2 of 2
WHEREAS, the City wishes to document the maximum approved traffic impact fee amount
granted to McCormick Communities, LLC for the construction of TIP project #1.5C;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City hereby accepts the dedication of a roundabout known as TIP Project
#1.5C the Old Clifton Road — Campus Parkway (McCormick Village Drive) Roundabout.
THAT: Pursuant to Contract C035-21, a maximum traffic impact fee credit amount for
TIP Project #1.5C is hereby established in the amount of $1,702,051.20.
THAT: The Mayor is hereby authorized to accept a bill of sale for the roundabout
improvements associated with TIP #1.5C pending review and approval of the bill of sale
by the City Engineer.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 28t" day of February 2023.
ATTESsigned by:
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Brandy Wallace, MMC, City Clerk
DocuSigned by:
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Robert Putaansuu, Mayor
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