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HomeMy WebLinkAboutRES 704 Draft 01 2022-2024COUNTY OF HAWAFI STATE OF HAWAII A RESOLUTION AUTHORIZING THE EXTENSION OF THE PUBLIC SEWER FROM AN EXISTING SEWER LINE TERMINUS AT PUKIHAE BRIDGE TO HAU LANE, WITHIN HAWAIJ BELT ROAD, TO SERVICE TAX MAP KEY PARCELS (3) 2-6- 015:001 AND 002 AT AHUPUA'A OF WAINAKU, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAIJ, STATE OF HAWAI'l. WHEREAS, applicant Hawaiian Ola Brewing Corporation, a Hawaii corporation ("the Applicant"), has requested to extend the sewer in accordance with Chapter 21, Section 21-26, Hawaii County Code, to service Parcels 2-6-015:001 and 002 only, and presently no additional properties are being made accessible to this extension; and WHEREAS, the Applicant will bear the total cost of the construction and in the future will be eligible to exercise conditions under Section 21-28(a), Hawaii County Code, pertaining to receipt for ten (10) years after completion of the extension one-half of all monies for sewer charges collected by the County from other properties, if any, connecting to the extension, provided the total of such reimbursement shall not exceed the cost incurred by the applicant to construct the extension. Plans to reimburse the applicant for construction of the sewer extension shall require the approval of the County Council by resolution; and WHEREAS, the Applicant will build the sewer to County standards and agrees to any inspection by the Department of Environmental Management to be conducted before, during, or after construction; and WHEREAS, the ownership and maintenance of the sewer system from its terminus at Han Lane to Parcel 2-6-015:001 shall be as described in an executed Memorandum of Agreement between the County of Hawaii and the Applicant. Applicant agrees to apply for and maintain a Use and Occupancy Agreement with the Department of Transportation of the State of Hawaii to work in the Hawaii Belt Road as necessary in accordance with Hawaii law; and WHEREAS, the Director of the Department of Environmental Management recommends approval of the extension according to Section 21-27, Hawaii County Code, and Exhibit "A" is an application from Hawaiian Ola Brewing Corporation; and WHEREAS, Exhibit "B" shows the Memorandum of Agreement, with a vicinity map as supporting documentation; and WHEREAS, the sewer extension will extend the County of Hawaii Sewer System from Pukihae Bridge at existing Manhole Nos. 10450 and 13169 to Han Lane along the mauka or west side of Hawaii Belt Road, which segment of extended wastewater line will be dedicated to the County of Hawaii, Department of Environmental Management (DEM) upon its completion to DEM's dedicable standards; and WHEREAS, sewer extensions benefit the community by eliminating the need for alternative waste treatment options and reducing the amount of pollutants reaching the groundwater and coastal waters, resulting in a cleaner, healthier environment; and WHEREAS, Section 21-26.1 of the Hawaii County Code requires that the County Council approve all sewer extensions; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that the sewer extension from the existing sewer line terminus at Pukihae Bridge to Hau Lane, and from Hau Lane to Parcel 2-6-015:001 is approved. 14 BE IT FURTHER RESOLVED that the County Clerk shall transmit copies of this resolution to the Department of Finance, Department of Environmental Management, Office of the Corporation Counsel, Highways Division of the Hawai`i Department of Transportation, and to the applicant, Hawaiian Ola Brewing Corporation. Dated at Hilo , Hawai`i, this 18th day of December , 2024 INTRODUCED BY: ' 114 -7)C COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX , Hilo,Hawai`i GALIMBA X HUSTACE X INABA X KAGIWADA X I hereby certify that the foregoing RESOLUTION was by KANEALI`I-KLEINFELDER X the vote indicated to the right hereof adopted by the COUNCIL of the KIERKIEWICZ X County of Hawaii on December 18, 2024 KIMBALL X ONISHI X VILLEGAS X 8 0 1 0 Reference: C-1146/LAAC-75 TY C HAIRPERSON&PRESIDING OFFICER RESOLUTION NO. '°-4 Z4 3 Department of Environmental Management EXHIBIT A Wastewater Division, County of Hawai'i Application For Sewer Extension Part A. (must be completed) Project Address: 238 Belt Road, Hilo, Hawaii Date: October 17, 2024 TMK No.: (3) 2-6-015:001 and 002 Applicant Information: Contractor Information: Name: Hawaiian Ola Brewing Corporation Name: To Be Determined Address: 74-5598 Luhia St, Kailua-Kona HI 96740 Address: Company: Company: Phone No,:. 808-646-1654, Brett Jacobson Phone No.: Check applicable box: V Sewer Main Installation (Indicate reason for work and complete Parts B & C.) EZ Sewer Lateral Installation (Indicate reason for work and complete Part C) Reason For Work: 16 connect distillery, restaurant and bar to County wastewater system. Sewer extensions are subject to Hawai'i County Code, Chapter 21, Division 4, Extensions and the APPLICANT shall be responsible for submitting a final resolution to the Wastewater Division for review, The Department of Environmental Management will submit the final resolution and supporting documents to the County Council for approval of the Sewer main extension. Select one of the following methods of payment for cost and construction: (Note: reimbursement refers to payments collected by the County from properties connecting to the extension) Section 21-28(a): Applicant constructs and pays, IK Section 21-28(b)(1): County constructs, applicant pays. D Section 21-28(b)(2): County constructs, applicant and County share cost. ❑ Estimated Start Date - Upon approval of plans by Estimated Completion Date 9 to 12 months after contract award. DOT and DEM. Part C. I hereby certify that all wori,,WWs ed above will conform to appropriate sections of the Hawal'! County Code. HAWA11KN,0VLAB W RPOR ON Owner Signature: Date: 101(712_02-� BY: j�C`OBSON, CEO Department of Environmental Management, Wastewater Division Approved by: NJ Approved by: Director of ief I Management Date: Date:, I D - I � - I It Note: 1) Approval of the Application for Sewer Extension does NOT constitute approval for construction. Approval for construction is provided by an approved Permit to Perform Work on the Public Sewer System pending final approval by the Hawaii County Council In accordance with Section 21-26,11 of the Hawai'i County Code. 2) Filing of Sewer Extension Resolution Is not required for sewer lateral installations, Hawai'i County Is an Equal Opportunity Provider and Employer M;\Wastewater\Plan Review\Sewer Extension Application.doc r r r r MEMORANDUM OF AGREEMENT - WAINAKU EXTENSION AND CONNECTION TO THE HILO WASTEWATER TREATMENT FACILITY This MEMORANDUM OF AGREEMENT, dated this day of , 2024, is by and between HAWAIIAN OLA BREWING CORPORATION, a Hawaii corporation, whose mailing address is 74-5598 Luhia Street, Kailua-Kona, Hawaii 96740 (hereinafter referred to as "OLA"), and the COUNTY OF HAWAI`I, a municipal corporation of the State of Hawaii, by and through its Department of Environmental Management, whose mailing address is 25 Aupuni Street, Hilo, Hawaii 96720 (hereinafter referred to as "the County"). RECITALS: 1. OLA is the owner of certain real property located at Wainaku, District of South Hilo, Island, County, and State of Hawaii, identified as TMK Nos. (3) 2-6-015:001 and 002. These parcels of land are collectively identified as the "Project Area." OLA intends to develop a restaurant, bar and distillery in the Project Area, requiring OLA to connect to the County's Hilo Wastewater Treatment Plant. 2. The County, through its Department of Environmental Management ("DEM"), owns and operates a public wastewater treatment plant facility at the vicinity of Hilo International Airport known as the Hilo Wastewater Treatment Plant (the "HWWTP"), and has agreed to recommend extension of wastewater facility connections from the Project Area to the existing sewer terminus on the south side of Pukihae Bridge to carry wastewater from the Project Area and lands in the vicinity located along the proposed extension to the HWWTP, and has agreed to accept sewer wastewater at the HWWTP for treatment, provided that the sewer wastewater transmission lines and related infrastructure (the "Sewer Infrastructure") are designed, constructed and installed by OLA in accordance with Hawaii County Code ("HCC") Chapter 21, Article 3, Section 21-15. 3. The Sewer Infrastructure is to be developed in accordance with HCC Chapter 21 Article 4 Section 21-26, and shall consist of (A) a connection from the line located between the current East side of the bridge Pukihae Street terminus (SMH 10450, Station 0+24.40) to run across the existing bridge and continue to run along the Hawaii Belt Highway to a location across the Project Area near Hao Street to a sewer manhole at Station 20+51.71 ("Belt Line"), and (B) extending therefrom to a sewer service lateral connection between the Hao Street terminus that crosses the Belt Highway to the Project Area ("OLA Forced Lateral Line"). A location map depicting the locations of the Belt Line and the Ola sewer service Forced Lateral Line is attached hereto as Exhibit "A." OLA shall submit an application to the Director of the Department of Environmental Management ("Director") for approval. As specified in HCC Section 21-26.1, the sewer extension shall be approved by resolution of the County Council, once the application for an extension has been approved by the Director. Construction specifications shall be determined by the Director as specified in HCC Section 21-27. As specified therein, the property owner shall not have any title to the extension. 4. The State of Hawai `i, through its Department of Transportation ("DOT"), owns and maintains the Hawaii Belt Highway, where the Sewer Infrastructure is to be constructed and installed. DOT requires the execution of a Use and Occupancy Agreement for construction and maintenance of the Sewer extension. OLA will be responsible for the design and construction of the Sewer Infrastructure in accordance with the approved construction plans. The County, as owner of the extension, will be responsible for the ongoing maintenance of the Belt Line section of the Sewer Infrastructure under any Use and Occupancy Agreement that it executes with the State. Should OLA wish to construct and maintain other infrastructure in the Hawaii Belt Highway not related to the Belt Line section of the Sewer, it shall be required to execute its own Use and Occupancy Agreement with the State, and the County shall not have any liability for any other infrastructure or activities related to it, which shall be the sole responsibility and liability of OLA. 5. OLA has elected to design and construct the extension in accordance with HCC Section 21-28(a), and in accordance with that provision of the Code, shall bear the total cost of the construction, permits, and other matters relating to construction. 6. OLA, in electing to follow HCC Section 21-28, will comply with all required provisions of Chapter 343, Hawaii Revised Statutes, as amended. 7. The parties desire to set forth their understanding as to the foregoing matters and cooperation in order that the Sewer Infrastructure can be designed and constructed in an expeditious manner to allow wastewater from the Project Area development to be treated at the HWWTP. AGREEMENT: In mutual consideration of the foregoing, and the terms and conditions stated herein, the parties do hereby agree as follows: I. Treatment of Wastewater from the Proiect Area. Subject to the completion of the Sewer Infrastructure connecting the Project Area to the HWWTP, and in accordance with HCC Chapter 21, Division 4, and provided sufficient capacity exists within the County's HWWTP system, DEM agrees to accept and treat up to 100,000 gallons per day of wastewater from OLA's restaurant, bar and distillery in accordance with local, state and federal rules and regulations after such wastewater goes through an acceptable pretreatment process by OLA prior to discharge into the Hao Street terminus manhole. 2. Description of Sewer Infrastructure. The Sewer Infrastructure is more specifically defined herein in Exhibit "A" as the length of 10-inch diameter sewer pipe from the east side of the current existing bridge extending to the Hao Street terminus manhole that meets with the approval of DEM together with related improvements, the location of which lines are generally depicted on Exhibit "A" attached hereto and incorporated herein by this reference. The connection of the Belt Line to the existing DEM terminus of the sewer line shall be at the manhole located at the eastside of the existing bridge as depicted on Exhibit "A." Plans and -2- specifications for the Sewer Infrastructure have been prepared by OLA's consultants and engineers ("Consultants") for approval by the County, through its affected agencies, as set forth herein below. The infrastructure to be constructed by OLA shall be presented in an engineering plan to the Director and shall be in accordance with the approved plan, as required by HCC Section 21-7. 3. Use and Occupancy Agreements. Within a reasonable time from the approval of the sewer plans, the County will negotiate with DOT to meet DOT requirements regarding Conditional Use and Occupancy in the State Right of Way. OLA hereby agrees as follows: A. OLA and its consultant will assist and provide the County with any information required by DOT to facilitate execution of the Use and Occupancy for the state- owned Hawaii Belt Highway. B. OLA further agrees to assist the County with any needed information to finalize a Use and Occupancy Agreement acceptable to both the County and the State as required prior to the start of construction. The County agrees to assist OLA, as its resources permit, in the submission of all required documentation and with the execution of such forms as may be reasonably required by DOT. DEM shall, in consultation with OLA, have reasonable discretion to negotiate a satisfactory form of Use and Occupancy Agreement with DOT for the Belt Line segment and shall commence such negotiations with DOT within a reasonable time after the execution of this Agreement. C. In conjunction with the performance of the Conditional Use Letter and Use and Occupancy Agreement No. 588, OLA hereby agrees to save, defend and hold the County harmless from and against any and all claims, actions and proceedings arising out of, related to, or connected with the environmental impacts and or mitigations, permitting, design, and construction of the Sewer Infrastructure, including claims of improper design or construction, personal injury or death occurring in the construction phase, and to complete the performance of the foregoing terms of said agreements and to pay the costs incurred therefor, provided that after the County's final acceptance of the Belt Line Sewer Infrastructure, County shall be solely responsible for the satisfaction and performance of the terms and conditions of said Use and Occupancy Agreement No. 588. D. OLA further agrees to provide that the Construction Contract for the construction of the Sewer Infrastructure provides that: (1) the County is named as a third party beneficiary of the Construction Contract, with the right, but not the obligation, of the County to act in place of OLA in the event that OLA is in default of the terms of this Agreement, and to be notified of and the right to timely approve any change orders, such approval not to be unreasonably withheld or delayed; (2) all warranties and warranty bonds shall be assignable by OLA to the County; (3) the General Contractor hired by OLA provides performance and payment bonds assuring the performance and completion of the Construction Contract in accordance with the COH General Terms and Conditions for Construction Contracts (1972) ("GTCs") or as revised prior to contract execution, and in accordance with its terms regarding the payment of the General Contractor's subcontractors; and (4) general commercial liability, automobile liability and pollution coverage insurance coverage naming OLA, the County and the -3- State oflla*ai'iosadditional insureds heissued. The County shall provide its consent tothe form ofthe Construction Contract prior huOLA`nexecution thereof. 4. Approvals by the County. County approval ofthe Sewer Infrastructure shall be in accordance with HCC Chapter 21, Division 4, Sections 21-26 through 21-28. DEM agrees to v/nck in good faith to execute the required steps outlined in the Code within nccosonably cspcdieo1dooefrume. [)|GM agrees that assistance to ()LA in the performance of this Agreement oba\| include, but not bc limited to, the following steps or phases: 4]. Assistance with State Historic Preservation Division. Within reasonable time following of the sewer plans, the County will assist ()L/\`tothe extent pomaU`|c, in u similar manner ue hwould any other contractor, by submitting to the l{uvvoi'i State Historic Preservation Division ("S|{PO")oletter informing SBPIlofthe proposed Sewer Infrastructure work within the DOT right nfway and seek Sf{PD'a determination that such work will have "no effect" upon the Siaic`ahistoric resources; however, itisstrictly understood by all parties that the County is not responsible for any State or local final determination regarding any externally imposed requirements. 42. Construction of Sewer Infrastructure. The County and 0L&agree that iothe event the Council approves the sewer line extension, and the County and OLA and DOT execute Use and Occupancy Agreements for the Belt Line and OLA Line segments, OLA shall undertake, at its expense, the construction and installation of the Sewer Infrastructure in accordance with and subject to the following procedures and such other procedures as required by law: A. Contract Award. Upon the `m approval ofthe plans and specifications for the Sewer Infrastructure Work and the DOT and County's execution of Use and Occupancy Agreement No. 500for Sewer Force Main Purposes, orusimilar acceptable document, OLA shall be authorized to award the Construction Contract, in conformity with this Agreement, and prior to commencement of the work, OLA shall provide the County with the Construction Contract and the bonds and insurance certificates required in Paragraph 3.1) and [()}lGTCs()972),unless amended toulater date prior toContract execution. DLAaho}| use best efforts to commence construction within one year after the construction plans and specifications have been approved by DEM and DOT, and shall complete construction within twelve (12) months of the Construction Contract execution date in accordance with the approved construction plans and specifications, provided that this time period may be extended based on force oo jcurccvonta. B. County Inspection of Construction. DBM`aoudicipotion in OL&`«construction of the Sewer Infrastructure shall belimited to approval of the plans and specifications for such work and inspection of the work as it proceeds to ensure conformity with the approved plans and specifications and compliance with DPW and DEM standards, in accordance with HCC Section 21-18 and all other applicable federal, state and county laws, rules and regulations. I)EM agrees totimely conduct its inspections as the construction work progresses, to ensure that the work may progress in accordance with the Contractor's schedule. 0[Ashall cover the cost ofany change orders pertaining tothis project aadcsoribedhc,ciuood -4- as shall be required by DOT. 4.3. Acceptance of Sewer Infrastructure by the County. Upon the completion of the Sewer Infrastructure and compliance with any deficiencies that have been identified during the course of ongoing inspections as described in HCC Section 21-18, the County will approve connection of the sewage works to the public sewer system. The County will accept the sewage infrastructure in accordance with the HCC Section 21-19. OLA shall bear all costs related to finalizing the punchlist and any deficiencies that shall be requested to deliver this project "as a whole," and will comply with the tenets of HCC Section 21-19. 5. Financial Obligations. The County shall bear no financial liabilities or responsibilities for the Belt Line through the date of County's final acceptance of the Belt Line. This Agreement is contingent on OLA demonstrating within thirty (30) days of the execution of this Agreement that it holds a minimum of $3,000,000 in available reserves. 6. Cooperation by Parties. The parties understand and agree that they will in good faith strive to complete and accomplish the foregoing in as expeditious a manner as possible to allow OLA to complete the construction of the Sewer Infrastructure. To this end, OLA and the County further agree to set monthly periodic status conferences to review the status of the tasks set forth in this Agreement or on a more frequent basis as may be necessary from time to time. In recognition of DEM's current staffing challenges, OLA and its consultant shall take the lead in preparing all required documentations to assist and expedite the process that can allow OLA to meet the terms and conditions set here forth in this agreement, and the County will expeditiously review any documentation requiring the County's approval. 7. Successors and Assigns. This Agreement shall inure to the benefit of the parties and their respective successors and assigns. 8. Counterparts. This Agreement may be executed in counterparts, including counterparts signed and transmitted electronically or by facsimile, each of which when taken together shall constitute one and the same instrument, and which shall be binding on the parties. 9. Modification or Termination of the Agreement. This agreement may be modified or terminated upon mutual agreement of the parties with fifteen (15) days prior written notice. (The remainder of this page is intentionally left blank. Signature page follows.) -5- IN WITNESS WHEREOF, the undersigned parties have executed this Memorandum of Agreement — Wainaku Extension and Connection to the Hilo Wastewater Treatment Facility effective as of the day and year first above written. RECOMMEND APPROVAL: M Ramzi MansOUr, Director Department of Environmental Management APPROVED AS TO LEGALITY AND FORM: IN Deputy Corporation Counsel, County of Hawaii HAWAIIAN OLA BREWING CORPORATION By:_ Name: Its: [Celli U IVA W a ■ RMAXIM itz 541 MITCHELL D. ROTH Its Mayor Kel ".1 "the County"