060-20 - Resolution - Indemnification and Hold Harmless Agreement with Windward McCormick, LLC for McCormick Lift StationRESOLUTTON NO.060-20
A RESOTUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INDEMNIFICATION AND HOLD HARMLESS
AGREEMENT WITH WINDWARD MCCORMICK, LLC FOR THE MCCORMICK
SANITARY SEWER LIFT STATION NO. l CONNECTION POINT MODIFICATIONS.
WHEREAS, on May 7, 2OL7 and in advance of an Agreement with McCormick
Communities, LLC, the City's Public Works Department provided Design Guidelines to McCormick
Communities, LLC in order to provide the needed direction for commencement of the McCormick
Woods Sanitary Sewer Lift Station No. 1 Upgrade Design and Constructed Project by McCormick
Communities, LLC; and
WHEREAS, the Design Guidelines were prepared for the City by BHC Consultants, the
City's Sanitary Sewer System Engineer. These Guidelines established basic modification design
guidelines and parameters to the existing Lift Station, such as Storage Capacity, Hydraulic
Pumping Capacity and Force Main Surge Analysis, but did not include analysis of the existing
downstream force main hydraulic conditions; and
WHEREAS, on April !7,2018, the City of Port Orchard and McCormick Communities, LLC
entered into the McCormick Woods Lift Station No. 1 and No. 2 Upgrade Agreement
("Agreement"), whereby McCormick Communities, LLC agreed to design and construct the
necessary upgrades to the McCormick Woods Sanitary Sewer Lift Station No. L, pursuant to
specified terms and conditions; and
WHEREAS, on December 18, 2OI9,the First Amendment to the Agreement was executed;
and
WHEREAS, on February 28,2020, prior to "Start-up", the City's Public Works Department
issued an lnspection Punch List for the McCormick Woods Sanitary Sewer Lift Station No. l-,
whereby groundwater intrusion issues were identified; and
WHEREAS, on May 20,2020, the City's Public Works Department reported movement at
the connection point to the existing downstream force main system during said "Start-up" and
notified the Contractor, RV Associates, lnc. and McCormick Communities, LLC of this condition;
and
WHEREAS, neither party anticipated this condition and agree that this Condition was
unforeseen; and
WHEREAS, to date, a letter of Substantial Completion has not been issued and the
Performance Bond has not yet been released; and
WHEREAS, WINDWARD McCormick, LLC (aka McCormick Communities, LLC) is willing to
remedy the Condition provided that such remedy does not create new or expanded liability for
Resolution No. 060-20
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WINDWARD McCormick, LLC; and
WHEREAS, on Novemb er 24,2020, in advance of the initiating the design effort to remedy
the movement at the connection point to the existing downstream force main, WINDWARD
McCormick, LLC requested an lndemnification and Hold Harmless Agreement for the purpose of
avoiding the creation of new or expanded liability beyond the lift station property; and
WHEREAS, the City's Public Works Department and Legal Counsel have determined that
execution of the WINDWARD McCormick, LLC lndemnification and Hold Harmless Agreement
does not interfere with the previous Agreement and may be executed as requested; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: The Mayor is hereby authorized to execute the WINDWARD McCormick, LLC (aka
McCormick Communities, LLC) lndemnification and Hold Harmless Agreement for the
McCormick Woods Sanitary Sewer Lift Station No. 1 Connection Point Modifications in
substantially the form attached to this Resolution.
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 8th day of December 2020.
ansuu,Mayor
OR 4 ,g
SEAL
B nearson,MMC, City Clerk