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Home My WebLink AboutRES 250 Draft 01 2000-2002 COUliTTY OF I~I~~VI~ ~~~E Off' ~I~Wr~I`I 1~S®LUTION 10T0. p~~ RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PROJECT AGREEMENT WITH STATE OF HAWAII AND FEDERAL GOVERNMENT AGENCIES FOR FEDERAL AID SPOT IMPROVEMENTS ON KEANAKOLU ROAD FROM ITS INTERSECTION WITH THE JOHN A. BURNS WAY (MAUNA KEA SUMMIT ROAD) TO THE NORTHERN BOUNDARY OF THE MAULUA TRACT OF THE HAKALAU FOREST NATIONAL WILDLIFE REFUGE (MILE 16) TMK: 3~a Div 3-8-01. WHEREAS, Keanakolu Road is the primary and most direct access to the Hakalau Forest National Wildlife Refuge (HAFO) located on the eastern flank of Mauna Kea; and WHEREAS, Keanakolu Road lies upon lands under the jurisdiction of the Department of Hawaiian Home Lands and the State of Hawaii Department of Land and Natural Resources; and WI-IEREAS, The County of Hawaii Office of the Corporation Counsel has reviewed available history regarding Keanakolu Road, and has opined that Keanakolu Road was opened, laid out and constructed by the Federal and/or state governments, and should be considered a County Highway pursuant to Hawaii Revised Statutes (HRS) Section 264-1; and WHEREAS, Keanakolu Road is a one-lane 4-wheel drive access with no engineered components and includes areas of historical cobblestone surfacing; and WHEREAS, The Central Lands Highway Division (CFLHD) of the Federal Highway Administration (FHWA), in cooperation with the U.S. Fish and Wildlife Service (FWS), is proposing to make spot improvements along the Keanakolu Road for safety purposes and to reduce maintenance costs, at no cost to the County of Hawaii, with funding through the Public Lands Highway Discretionary (PHLD) program; and WHEREAS, the spot improvements proposed will occur in an approximately 16-mile long area beginning at the Keanakolu Road intersection with John A. Burns Way (Mauna Kea Summit Road) and extending to the northern boundary of the Maulua tract of the HAFO, and will include concrete fords across drainage ravines; roadway surfacing to improve traction on several steep grades; minor roadway widening at the top of several vertical curves; and replacement of two existing road closure gates with cattle guards; and WHEREAS, the CFLHD and FHWA desire to enter into a Project Agreement with the County of Hawaii for the aforementioned spot improvements, in the form attached hereto and incorporated by reference as Exhibit "A"; and WHEREAS, the County would have no obligation under the Project Agreement to participate in the spot improvements except to assist with coordination among local agencies as needed, and to maintain the road after completion of construction; and WHEREAS, Hawaii County Charter Section 13-21 requires County agencies, in the performance of their functions, to cooperate with United States government agencies having similar functions, and the County of Hawaii Director of Public Works .recommends approval of the subject Project Agreement; and WHEREAS, pursuant to HRS Section 46-7, the County Council may consent to agreements with the federal government respecting action to be taken pursuant to the County powers and fuiTaish, expend, ~~nd receive any funds or other assistance in connection with projects to be undertaken pursuant to the County's powers; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with HRS Section 46-7, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, the Project Agreement in substantially the form attached hereto and incorporated by reference herein as Exhibit "A" to enable the County to receive federal assistance in making spot improvements to Keanakolu Road as provided in said Project Agreement. Dated: Hi7.~ , Hawaii, November 8, 2002 . INTRODUCED BY: i c~ t. , ; COUN IL MEM R, UNT OF HAW s:lreso\keanakolu road reso\9-02\IMTfc.doc COUNTY COUNCIL: ROLL CALL VOTE County of Hawaii ]Hilo, Hawaii AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the CHUNG X vote indicated to the right hereof adopted by the COUNCII. of ELARIONOFF X the County ofliawai`i on November 8 , 2002 7ACOBSON X LEITHEAD-TODD X ATTEST: PISICCHIO SAFARIK X TYLER X YAGONG X 9 0 0 0 Reference C-767/PW&IRC-61 COUNTY CLERK CHAIRMAN ~z PRESII~ING OFFICER RESOLUTION NO. ~X~iI~I~' ~'A,' Ply®J~CT ~G~1~E1®T~' Hakalau Forest National Wildlife Refuge HI PLH HAFO 10(1) Spot Improvements on Keanakolu Road July 2002 This is an agreement among the US. Fish and Wildlife Pacifrc Region, Hakalau Forest National T~ildlife .Refuge, the County of Hawaii, and Central Federal Lands Highway Division, Federal Highway Administration describing speck project requirements to be fulfilled and duties to be performed by all parties to produce or supply the services as described below. Richard Wass, Refuge Manager Date Hakalau Forest National Wildlife Refuge Nathan Caldwell, Regional Coordinator Date Region 1 Refuge Road Program Coordinator Harry Kim Date Mayor, County of Hawaii L David H. Gedeon Date Project Manager, FHWA -CFLHD ~ O~ Jaan W. Keeley Date Dire for of Project Delivery, AIWA CFLHD RECOMMEND APPROVAL: UQ~.~ < w . ocu. DENNIS K. W. LEE, P.E. Director, Department of Public Works County of Hawaii APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii Date: INTRODUCTION The Central Federal Lands Highway Division (CFLHD) of the Federal Highway Administration (FHWA), in cooperation with the U.S. Fish & Wildlife Service (FWS), the Hawaii Department of Transportation (HDOT), and Hawaii County, is proposing to make spot improvements along the Keanakolu Road for safety purposes and to reduce maintenance costs. Funding is provided through the Public Lands Highway Discretionary (PLHD) program. PROJECT LOCATION Hakalau Forest National Wildlife Refuge (HAFO) is located on the eastern flank of Mauna Kea in the County of Hawaii. Keanakolu Road is the primary and most direct access to the Refuge and is also used by local ranching operations and for public recreation. This project begins at the Keanakolu Road intersection with John A. Burns Way (Mauna Kea summit road) and extends to the northern boundary of the Maulua tract of the HAFO National Wildlife Refuge, a length of approximately 16-miles. The existing road is a one-lane primitive 4-wheel drive access, with no engineered components. A cobblestone surface is visible at various locations. Although the road is gated as it passes through ranching tracks, the gates are not locked to preclude public access. Keanakolu Road lies on lands under the jurisdiction of the Department of Hawaiian Homelands and the Department of Land and Natural Resources. SCOPE OF VVORI~ The proposed scope of work was developed to address the most pressing safety and maintenance needs of the Keanakolu Road without resulting in significant environmental impacts. Because of the historic nature of the cobblestone, a section 4(fj evaluation is required. CFLHD anticipates preparing a categorical exclusion for this project. Four types of improvements are proposed: • Concrete fords across several drainage ravines; • Roadway surfacing to improve traction on several steep grades; • Minor roadway widening at the top of several vertical curves; • Replace two existing road closure gates with cattle guards. PROJECT FUNDING The FWS, in cooperation with the HDOT, submitted a project proposal for PLH funding in federal fiscal yeax (FY) 2000. Congress approved a total of $958,000 for the proposed project. Under FHWA policy, funds authorized under the PLH program must be obligated in the same fiscal year in which they are appropriated, however exceptions to this policy are occasionally granted. For the Keanakolu Road project, CFLHD has been able to have these funds restored for the past two fiscal years. -2- ROLES AND RESPONSIBILITIES PLHD Application: ?FWS ?FHWA ? County ? HDOT Allocation of funds: ?FWS ?FHWA ? C~aunty ? HDOT Scope of Work: ?FWS ?FHWA ? County Environmental Compliance: ?FWS ?FHWA ? County Design/Engineering: ?FWS ?FHWA ? County Contract Administration: ?FWS ?FHWA ? County Right of Entry: ?FWS ?FHWA ? County Construction Engineering: ?FWS ?FHWA ? County Maintenance: ?FWS ?FHWA ? Cs~unty Fish and Wildlife Service will be responsible for the following: 1. Review and sign Project Agreement. 2. As desired, provide overall direction regarding FWS policy and concur with the final plans and specifications. 3. As desired, review plans and specifications at each phase of the design and provide project development support. 4. As desired, attend field reviews. 5. If requested, assist with any necessary coordination with local ncies. 6. If necessary, provide a Special Use permit for any work within National Wildlife Refuge. 7. Enter into a formal partnering work session and agreement with all parties involved in the construction contract (CFLHD, contractor, possibly Hawaii County). 8. Designate a representative as the primary point of contact. 9. As desired, attend final inspection with the CFLHD upon completion of construction. 10. If proposed, provide design of interpretive panels or informational signs. Federal Highway Administration will be responsible for the following: 1. Develop and sign Project Agreement. 2. Manage project development schedule and preliminary engineering costs. 3. Provide environmental compliance; a categorical exclusion is anticipated. 4. Obtain any necessary permits. 5. Prepare plans, specifications, and estimates (PS&E) for proposead improvements based on the program amount available. -3- 6. Develop contract documents for project advertisement. 7. Advertise and award contract. Bids will not be solicited by CFLHD until the FWS and Hawaii County have concurred with the plans and specifications. 8. Provide a Project Engineer and staff to administer the construction contract and inspect the work. The construction will be governed by the Standard Specifrcations for Construction of Roads and Bridges on Federal Highway Projects, FP-96 (or latest edition). Construction contract administration will be in accordance with the FLH Construction Manual. The Project Engineer is CFLHD's designated contact for the FWS during the construction phase. 9. Determine the need for any proposed changes to contract documents, evaluation of change impacts, coordination of technical reviews as needed, and ensuring that the construction meets the requirements intended in the PS&E. County of Ilawaii will be respoaasible for tl?e following: 1. Review and sign Project Agreement. 2. As desired, provide overall direction regarding County policy and concur with the final plans and specifications. 3. As desired, review plans and specifications at each phase of the design and provide project development support. 4. As desired, attend field reviews. 5. If requested, assist with any necessary coordination with local agencies. 6. If desired, enter into a formal partnering work session and agreement with all parties involved in the construction contract (FWS, CFLHD, contractor). 8. Designate a representative as the primary point of contact. 9. As desired, attend final inspection with the CFLHD upon completion of construction. MAINTENANCE IZESP®NSI~ILITY After construction of the project, the County will operate and maintain, or cause to be maintained, the road in accordance with 23 U.S.C. 116. Maintenance is defined as the preservation of the entire road including the surface, shoulders, the roadside, environmental features, structures, such traffic control devices as are reasonably necessary for its safe and efficient use, and environmental protection and erosion control measures. During construction, the contractor will maintain traffic over the project as specified in the construction contract documents. The project will be accepted by the County of Hawaii for operation and maintenance when the contracting officer has accepted all construction work. Any environmental commitments noted in the construction contract will be maintained or monitored by the County after construction. The County shall not install, or permit to be installed, any signs, signals, or markings not in conformance with the MUTCD after construction is completed. -4- PROJECT TEAM MEMBERS Fish and Wildlife Service: Richard Wass Refuge Manager, Hakalau Forest National Wildlife Refuge (808) 933-691 s; FAX: (808) 933-6917 Primary FWS point of contact Mr. Jerry Leinecke Project Leader, Refuges Division, Honolulu FWS (808) s41-1201; (808> s41-1216 Nathan Caldwell Regional Refuge Road Coordinator, Region 1 (s03) s41-202s; FAX: (s03) 231-2364 Regional contact Federal 1<Iighway Administration: Dave Gedeon Project Manager (303) 716-2131; FAX: (303) 969-6936 Provide general leadership, overall project coordination, and serve as CFLHD's primary contact. The CFLHD PM is responsible for the overall coordination and scheduling of FI-1WA work, managing the FHWA budget, and addressing any changes in scope. Ed DeCleva Environmental Protection Specialist (303) 716-2190; FAX: (303) 969-5903 Coordination with regulatory agencies and preparation of the environmental compliance document. Mike McCann Design Team Leader (DTL) (303) 716-2120; FAX: (303) 969-s903 Provide direction and technical assistance to CFLHD's design team and responsibility for preparing the PS&E documents. Kevin Black Construction Operations Engineer (303) 716-2153; FAX: (303) 969-5516 Constructibility reviews, construction management, evaluation of change impacts, and coordination of technical reviews as needed of proposed post-design changes to ensure that the request meets the intentions of the PS&E. -5- PROJECT BUDGET Funding source: TEA-21 Public Lands Highway Discretionary Program, Fiscal Year 2000. Activity Description FY 00/O1 FY 02 FY 03 'Total Consultant Services (A/E) $85,000 $ 0 $10,000 $95,000 Project Development (PE) $62,000 $20,000 $ 35,000 $117,000 Construction Engineer $ 0 $ 0 $679,000 $679,000 Construction Estimate $ 0 $ 0 $67,000 $67,000 Total $147,000 $20,000 $791,000 $958,000 Total Project Cost Estimate: $ 958,000 Available PLH-D Funding: $ 958,000 -6- a~ a~ o ass' ° ~ o ~ ~ ~ ~a •a U i O ~ ~ ~ ~ C 'w 4 1s +v ~ ~ ~ Uv ~ ~ ti~~hti~~ti ~-s O _ N ry N N M M M M M M ~ ~ O O O O O p 0 0 0 0 0 0 O D p~„sd N N O N ry N fV N s N~s N a N~ N O N ~ ~ ~ _ ~S""e ~ d\ O O O O O N O O O O O O O M y~ ~ N N o N N O N N N N N N N O y ~ y C ~ ~ c~ N U ~ cad ~ ~ ~ ~~c N ~ ~ ~ 3 ~ ~ ao° v ~ ~ ~~3 wx ~~,33 ww~~~ o o w 3w~ ~ ~w w ~~w ~ ~ ~ ~ V ~ ~ ~ w O ce ~ N ~ ~ ~ of cd ~ c~a v p ~ Cd .O ~ vVi ~ y N U ~ ~ U N N U U ~ ~ ~ ~AA~ ~HGa~~wu ~~v~rs ~ ~ ~ ~ ~ .g s ~ ~ ~ aoo ~ ~ ~ ~ ~ ~ ~ Q ~ o ~ ~ ~ y ~ 0~ ~ ~ ~ ~ ~ ~ q W ~ ~ ~ CJ O~ U ~ ~Q.~o23 ~ ~ avi ~ ~ ~ o f rye o c o~ i ~ o~ :°A'~°~ ~ ~o--+ GIB °v v > 'y O 'a ~ ~ ~ c° > ~ ~ ti a~ ~ 4R,' 'ts a~ o ~ o ~ o a~ o ar ~ '0 3 0 ~ ~ o ~ W a.. U~.~~v~WA.w¢¢U CONTRACTING This project may be offered to the Small Business Administration in support of the 8(a) business development plan of an approved contractor. CFLHD as the contracting office will review the available contracting options, and with the concurrence of the FWS, utilize the most advantageous method. Competitively bid contracts will normally offer a "partnering" opportunity to the contractor with all parties involved in the contract. In addition, the contractor would be encouraged to develop, prepare, and submit value engineering change proposals (VECPs) and share in any contract savings realized from accepted VECPs. CONFLICT RESOLUTION PLAN By signing this project agreement, the signatories formally agree to partner the development phase of this project. This purpose of the design partnering process is to help identify problems and resolve complex problems sooner and more efficiently. The FWS and FHWA agree that, in the event of a dispute, both parties shall use their best efforts to resolve the dispute in an informal fashion through consultation and communication. PRODUCT VVARRANT~' Project participants will complete all work outlined in this agreement within the established schedule and budget, as updated and amended. PROJECT AGREEMENT AMENDMENT PROCESS The project agreement maybe amended by any party to the agreement, subject to the concurrence by all original signatories. Circumstances that may result in an amendment to this agreement includc major changes in scope, schedule, products, budgets, and key team members. Amendments will be in the form of revisions to the original project agreement or changes documented through standard correspondence or electronic mail. Amendments will be distributed to all signatories of the original agreement. -8-