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HomeMy WebLinkAboutRES 156 Draft 01 2004-2006 Mfv os M l~- ~4 6i4, COUNTY OF HAWAII ~ ~ STATE OF HAWAII ry OI~M~~ RESOLUTION NO. ?~E' RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR SERVICES WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE ("NRCS"), FOR FEDERAL FUNDING FOR THE PLANNING AND DESIGN OF THE KAUMANA DRIVE FLOOD PROTECTION PHASE OF THE WAILUKU-ALENAIO WATERSHED. WHEREAS, the County of Hawaii and the Waiakea and Mauna Kea Soil and Water Conservation District ("SWCD") sponsor the Wailuku-Alenaio Watershed project, and the NRCS provides technical and financial assistance for said project; and WHEREAS, NRCS has a planning authorization (Watershed Protection and Flood Prevention Act, Public Law 83-566, 68 Stat. 666, as amended) for the Watershed Plan-Environmental Assessment/Environmental Impact Statement development for the Wailuku-Alenaio Watershed; and WHEREAS, under the provisions of said Watershed Protection and Flood Prevention Act, the County of Hawaii, NRCS and the Waiakea and Mauna Kea SWCD's desire to develop the Supplemental Watershed Plan and Supplemental Environmental Impact Statement ("EIS") for the Wailuku-Alenaio Watershed; and WHEREAS, NRCS is proposing to provide $200,000.00 for the estimated cost of planning and design services for the Kaumana Drive Flood Protection Phase of the Wailuku-Alenaio Watershed, to include: (1) Preparation of a federal/state Supplemental Environmental Impact Statement or stand alone Environmental Assessment; (2) Preparation of information for a NRCS PL83-566 Watershed Plan; (3) Reevaluation of the flood analysis and proposed Kaumana Drive flood protection improvements prepared earlier by NRCS; and (4) Update and design flood protection structures along Kaumana Drive; an d WHEREAS, NRCS is proposing to enter into an Agreement for Services with the County of Hawaii, under which the County would not be required to provide any funding, but would administer the foregoing NRCS funding for planning and design services, including the procurement of contractors and administration of the contracts, and provide NRCS with the resultant data, reports and work product; all with NRCS technical assistance; and WHEREAS, pursuant to Hawaii County Charter Section 13-2], County agencies, in performing their functions, shall cooperate with agencies of the United States government having similar functions; and WHEREAS, pursuant to Hawaii Revised Statutes ("HRS") Section 46-7, the Hawaii County Council may consent to agreements between the County and the Federal government respecting action to be taken pursuant to the powers granted to the County by law and to furnish, expend, and receive any funds or other assistance in connection with projects to be undertaken by the County; 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 Agreement for Services in substantially the form attached hereto as Exhibit "A" to enable the County to receive federal assistance in procuring planning and design services for the Kaumana Drive Flood Protection phase of the Wailuku-Alenaio Watershed project, as set forth in said Agreement for Services. DATED: Kona , Hawaii, this 21st day of September 2005. INTRODUCED BY: v'~-~--° COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL voTE County of Hawai `1 AYES NOES ABS EX Hilo, Hawai `I ARAKAKI X HIGA X 1 hereby certify that the foregoing RESOLUTION was by HOFFMANN the vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUH X County of Hawaii on gpn~emrjer ~ 1,,_ nn ~i _ IKEDA X ISBELL X ATTEST: JACOBSON X ~J / . _ PILAGO X 9 0 0 0 Reference: C-407/PWIRC -23 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. EXHIBIT "A" STATE: Hawaii WATERSHED: Wailuku-Alenaio CONTRACT NO. UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE AGREEMENT FOR SERVICES THIS AGREEMENT, is made this day of by and between the County of Hawaii, as Sponsor and Contracting Local Organization, hereinafter called COUNTY, and the Natural Resources Conservation Service, United States Department of Agriculture, hereinafter called NRCS. WITNESSETH THAT: WHEREAS, NRCS has a planning authorization (Watershed Protection and Flood Prevention Act, Public Law 83-566, 68 Stat. 666, as amended) for the Watershed Plan - Environmental Assessment/Environment Impact Statement development for the Wailuku- Alenaio Watershed; WHEREAS, under the provisions of the Watershed Protection and Flood Prevention Act, the COUNTY, NRCS, and the Waiakea and Mauna Kea Soil and Water Conservation Districts desire to develop the Supplemental Watershed Plan and Supplemental Environmental Impact Statement (EIS) for the Wailuku-Alenaio Watershed; NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the COUNTY and NRCS do hereby agree as follows: A. The following described planning and design services are to be performed for the Kaumana Drive Flood Protection Phase of the Wailuku-Alenaio Watershed at an estimated cost of $200,000: 1. Preparation of a federal/state Supplemental Environmental Impact Statement or standalone Environmental Assessment; 2. Preparation of information for a NRCS PL83-566 Supplemental Watershed Plan; 3. Reevaluation of the flood analysis and proposed Kaumana Drive flood protection improvements prepared earlier by NRCS; and 4. Update and design flood protection structures along Kaumana Drive. The scope of the Watershed Plan and EIS shall conform to the Performance Work Statement (PWS) -Attachment B. Page 2 of 7 Pages B. The COUNTY will: 1. Provide $0 toward this undertaking. 2. Be responsible for all of the COUNTY's administrative expenses necessary to arrange for and carry out the environmental and planning services, as described in the Performance Work Statement (Attachment B). 3. Contract for the environmental and planning services, in accordance with Attachment B and applicable State of Hawaii requirements. 4. Comply with State and County laws and policies. 5. Provide NRCS with the data collected and reports completed by the contractor. 6. Meet with NRCS periodically to discuss and review the data and the intermediate work products of the contractor. 7. Secure concurrence of NRCS before awarding or modifying the contract. 8. Comply with the applicable requirements in Attachment A to this Agreement. 9. Pay the contractor as provided in the contract. Submit monthly billings for reimbursement to NRCS on Form SF-270, Request for Advance or Reimbursement; except upon the completion and acceptance of the work, the final payment to the contractor will be made in accordance with the provisions of State of Hawaii procurement procedures, laws, and regulations. The SF-270 shall be sent to NRCS at the following address: USDA, Natural Resources Conservation Service ATTN: Financial Management 300 Ala Moana Blvd., Room 4-118 P.O. Box 50004 Honolulu, Hawaii 96850 Include a Vendor Identification Number (VIN) on the second line of the remittance address on all SF-270 forms submitted for payment in order for NRCS to make payment by electronic funds transfer. If the COUNTY does not have a Vendor Identification Number for electronic funds transfer, contact Mani Benedict, Budget Analyst, or Kathy Richard, Budget Officer, of the NRCS Financial Management section in Hawaii and provide the following Information after this Agreement is executed: a. Vendor Name b. Vendor Code (i.e., SSN or Federal ID No) c. Address Page 3 of 7 Pages d. Telephone Number e. Electronic Funds Transfer (EFT) Information: (1) Bank Account Number (2) Account Type (i.e., Checking or Saving) (3) Bank Routing Number NOTE: Address for the NRCS Financial Management section in Hawaii is: USDA, Natural Resources Conservation Service ATTN: Financial Management P.O. Box 50004 Honolulu, HI 96850 Contacts: Mani Benedict: Telephone No.: (808) 541-2600 ext. 117 Email Address: mani.benedict@hi.usda.gov Facsimile No.: (808) 541-2613 Kathy Richard: Telephone No.: (808) 541-2600 ext. 151 Email Address: kathy.richard@hi.usda.gov Facsimile No.: (808) 541-2613 10. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the contract awarded under this Agreement. This includes, but is not limited to, disputes, claims, protests of award, source evaluation, and litigation that may result from the project. NRCS' contribution shall not be increased by an amount attributable to these actions. The COUNTY will advise, consult with, and obtain prior written concurrence of the NRCS on any such matters in which the NRCS could have a financial interest. 11. Secure written concurrence of NRCS before terminating the contractor's right to proceed under the contract and declaring the contractor in default, and take such actions when requested to do so by NRCS. 12. Take necessary legal action, including bringing suit, to collect from the contractor any monies due in connection with the contract, or upon request of NRCS and to the extent permitted by law, assign and transfer to NRCS any or all claims, demands, and causes of action of every kind whatsoever which the COUNTY has against the contractor or his or her sureties. 13. Arrange for and have NRCS review the environmental and planning services with the COUNTY to determine whether all work has been performed in accordance with contractual requirements and specifications. Secure written concurrence of NRCS before notifying the contractor of the acceptance of the job. 14. Upon completion and acceptance of the environmental and planning services, when provided by the terms of the contract obtain a written release from the contractor of all claims against the COUNTY arising by virtue of the contract, other than claims in stated amounts as may be specifically excepted by the contractor. Page 4 of 7 Pages 15. Retain all records dealing with the award and administration of the contract for 3 years from the date of the COUNTY's submission of the FINAL Request for Reimbursement or until final audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the end of the 3-year period, the records shall be kept until all issues are resolved, or the end of the regular 3-year period, whichever is later. Make such records available to the Comptroller General of the United States or his or her duly authorized representative and accredited representatives of the U.S. Department of Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcriptions. C. NRCS will: 1. Provide $200,000 toward this undertaking. 2. Not be substantially involved with the technical or contractual administration of this Agreement. However, NRCS will provide advice and counsel as needed for the environmental and planning services contract. 3. Provide the COUNTY with the Scope of Work for this project. 4. Assist the COUNTY with the selection and guidance of the contractor for this project. 5. Provide specific and ongoing technical guidance (i.e., published materials and technical experts). 6. Work with the community, public agencies, and other organizations to facilitate the contractor's planning efforts and ensure public participation. 7. Upon receipt of the data or reports provided by the COUNTY or the contractor, review, comment, and assist the contractor to formulate and evaluate project alternatives to prepare a Watershed Plan and environmental documents that conform to NRCS requirements. 8. Provide the services of a Government Representative. 9. Comply with the requirements of the Small Watersheds program, National Environmental Policy Act, and all other federal laws and policies. 10. Make payment to the COUNTY covering NRCS' share of the cost upon receipt and approval of Form SF-270, Request for Advance or Reimbursement. D. It is mutually agreed that: 1. The total amount of funds available for this undertaking is $200,000. Page 5 of 7 Pages 2. This Agreement is effective the date it is fully executed by all parties to this Agreement. It shall become null and void 90 calendar days after the date NRCS has executed this Agreement if a contract has not been awarded. 3. NRCS may make adjustments in the estimated cost as set forth in Section C.1. and D.1. for performing the planning and design services. Such adjustments may increase or decrease the amount of estimated funds which are related to differences between such estimated cost and the amount of the awarded contract or to changes, changed condition, quantity variations, or other actions taken under the provisions of the contract. No adjustment shall change the estimated cost established by Section B.1. 4. The contract for performance of environmental and planning services described in Section A will not be awarded to the Sponsor, the Contracting Local Organization, or engineers or firms in which any official of such organizations or any member of such official's immediate family has direct or indirect interest in the pecuniary profits or contracts of such engineer or firm. 5. All drawings, charts, engineering notes and other data accumulated under this agreement or any resulting contract will be turned over to and become the property of the NRCS, or such records will be made available for use by NRCS upon request. 6. In the event of default, any additional funds required to assure completion of the environmental and planning services will be provided in the same ratio as funds are contributed by the parties under the terms of this Agreement. Any excess costs including interest collected from the defaulting contractor will be prorated between the COUNTY and NRCS in the same ratio as funds are contributed under the terms of the Agreement. 7. Additional funds including interest required as a result of a decision of the Contracting Officer or a court judgment in favor of the contractor will be provided in the same ratio as funds are contributed under the terms of this Agreement. NRCS will not be obligated to contribute any funds under an Agreement or commitment made by the COUNTY without prior concurrence of NRCS. 8. NRCS may terminate this Agreement in whole or in part if it is determined by NRCS that the COUNTY has failed to comply with any of the conditions of this Agreement. NRCS shall promptly notify the COUNTY in writing of the determination and reasons for the termination, together with the effective date. Payments made by or recoveries made by NRCS under this termination shall be in accord with the legal rights and liabilities of NRCS and the COUNTY. The COUNTY may terminate this Agreement in whole or in part if it is determined by the COUNTY that any other party to this Agreement has failed to comply with any conditions of this Agreement. Page 6 of 7 Pages 9. This Agreement may be temporarily suspended by NRCS if NRCS determines that corrective action by the COUNTY is needed to meet the provisions of this Agreement. Further, NRCS may suspend this Agreement when it is evident that a termination is pending. 10. NRCS, at its sole discretion, may refuse to cost share should the COUNTY, in administering the contract, elect to proceed without obtaining concurrence as set out in Section B of this Agreement. 11. The furnishing of financial and other assistance by NRCS is contingent upon the continuing availability of appropriations by Congress from which payment may be made and shall not obligate NRCS if Congress fails to so appropriate. 12. This Agreement may be renegotiated, amended, extended, or modified by a written amendment as mutually agreed by all parties. 13. The following individuals are designated the principal programmatic contacts for this Agreement: NRCS COUNTY Dudley Kubo, Civil Engineer Galen M. Kuba, P.E., Division Head U.S. Department of Agriculture Engineering Division Natural Resources Conservation Service Department of Public Works 300 Ala Moana Blvd., Rm. 4-118 Aupuni Center P.O. Box 50004 101 Pauahi Street, Suite 7 Honolulu, HI 96850 Hilo, HI 96720-4224 TEL: (808) 541-2600 ext. 124 TEL: (808) 961-8422 FAX: (808) 541-1335 FAX: (808) 961-8933 E-MAIL: dudley.kuboC~3hi.usda.gov E-MAIL: gkubaC~co.hawaii.hi.us 14. By signing this Agreement the COUNTY assures the U.S. Department of Agriculture that the program or activities provided for under this Agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. 15. Whenever this Agreement requires concurrence of the NRCS, if NRCS has failed to concur or not concur within fourteen (14) calendar days after the request to NRCS for concurrence it shall be deemed a concurrence. Page 7 of 7 Pages COUNTY OF HAWAII Approved as to Form and Legality: By: Signed: HARRY KIM Deputy Corporation Counsel Mayor, County of Hawaii County of Hawaii Date: Date: Recommend Approval: By: BRUCE C. McCLURE, P.E., Director Department of Public Works County of Hawaii Date: UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By: LAWRENCE T. YAMAMOTO State Conservationist Date: ATTACHMENT A -SPECIAL PROVISIONS The cooperator agrees to comply with the following special provisions which are hereby attached to this agreement. I. Drug-Free Workplace. By signing this agreement, the cooperator is providing the certification set out below. If it is later determined that the cooperator knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the NRCS, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); Conviction means a finding of (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacturing, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under a grant, including: (I) All direct charge employees; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirements; consultants or independent contractors not on the grantees' payroll; or employees of subrecipients or subcontractors in covered workplaces). Certification: A. The grantee certifies that it will or will continue to provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about Page 2, Attachment A -Special Provisions (1) The danger of drug abuse in the workplace; (2) The grantee's policy of maintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph 9a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notifying the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such a conviction; (e) Notifying NRCS in writing, within ten calendar days after receiving notice under paragraph 9(d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). (h) Agencies shall keep the original of all disclosure reports in the official files of the agency. B. The cooperator may provide a list of the site(s) for the performance of work done in connection with a specific project or other agreement. Page 3, Attachment A -Special Provisions II. Certification Reqardinq Lobbying (7 CFR 30181 (Applicable if this agreement exceeds $100.000) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the cooperator, to any person for influencing or attempting to influence an officer or employee of an agency, Member of Congress, and officer or employer of Congress, or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The cooperator shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. III. Certification Reqardinq Debarment. Suspension, and Other Responsibility matters - Primary Covered Transactions. (7 CFR 3017) (1) The cooperator certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within athree-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, Page 4, Attachment A -Special Provisions bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within athree-year period preceding this application/proposal has one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the primary cooperator is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. IV. Clean Air and Water Certification (Applicable if this agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or is not otherwise exempt.) The cooperator signatory to this agreement certifies as follows: (a) Any facility to be utilized in the performance of this proposed agreement is is not ,listed on the Environmental Protection Agency List of Violating Facilities. (b) To promptly notify the State or Regional Conservationist prior to the signing of this agreement by NRCS, of the receipt of any communication from the Director, Office of Federal Activities, U. S. Environmental Protection Agency, indicating that any facility which he/she proposes to use for the performance of the agreement is under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c) To include substantially this certification, including this subparagraph (c), in every nonexempt subagreement. Clean Air and Water Clause (Applicable only if the agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA or the agreement is not otherwise exempt.) A. The cooperator agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et. sq., as amended by Public Law Page 5, Attachment A -Special Provisions 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the signing of this agreement by NRCS. (2) That no portion of the work required by this agreement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this agreement was signed by NRCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities in which the agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt subagreement, including this subparagraph A. (4). B. The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Public Law 91-604). (2) The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Public Law 92-55). (3) The term "clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C. 1857c-5(d)), and approved implementation procedure or plan under section 111(c) or section 111(d), respectively, of the Air Act (42 U.S.C. 1857c-6(c) or (d)), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)). (4) The term "clean water standards" means any enforceable limitation, control, condition, prohibition, standards, or other requirement which is promulgated pursuant to the Water Act or contained a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (3 U.S.C. 1317). (5) The term "compliance" means compliance with clean air or water standards. Compliance shall also mean compliance with the scheduled or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or any air or water pollution control issued pursuant thereto. Page 6, Attachment A -Special Provisions (6) The term "facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location or site of operations, owned leased, or supervised by a sponsor, to be utilized in the performance of an agreement or subagreement. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are collated in one geographical area. V. Assurances and Compliance As a condition of the grant or cooperative agreement, the recipient assures and certifies that it is in compliance with and will comply in the course of the agreement with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those set out in 7 CFR 3015, 3016, 3017, 3018, 3019, and 3052 which hereby are incorporated in this agreement by reference, and such other statutory provisions as are specifically set forth herein. VI. Examination of Records Give the NRCS or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this agreement. Retain all records related to this agreement for a period of three years after completion of the terms of this agreement in accordance with the applicable OMB Circular. ATTACHMENT B PERFORMANCE WORK STATEMENT KAUMANA DRIVE FLOOD PROTECTION PHASE OF THE WAILUKU-ALENAIO WATERSHED HILO, HAWAII GENERAL Scope of Work The work shall consist of planning and designing works of improvement to provide flood protection to homes and properties along Kaumana Drive in Hilo, Hawaii from Chong Street to Yz mile above Wilder Road. The project analyses and proposals will conform to requirements of the federal Watershed Protection and Flood prevention Act, as amended, and state and federal environmental review and disclosure requirements and policies. The work will be a part of the planning and implementation effort for the Wailuku- Alenaio Watershed project, sponsored by the County of Hawaii (County), and the Waiakea Soil and Water Conservation District (SWCD). The USDA Natural Resources Conservation Service (NRCS) provides federal technical and financial assistance for the Wailuku-Alenaio Watershed. The primary purpose of the Wailuku-Alenaio Watershed is to provide flood protection to the rural and suburban communities in the upper tributary areas of Alenaio Stream. Technical Guidance Technical guidance will be provided by the NRCS. The project manager and the NRCS will meet as frequently as needed, at least monthly, to coordinate the data collection activity, review the analyses methodologies and results, review the planning process, and review improvement designs. Personnel The contractor shall designate, in writing to the contracting officer, a contract manager and an alternate who shall have full authority to act for the contractor on contract matters relating to the daily operation of this contract. Contract persomrel will present a neat appearance and be easily recognized when dealing with the affected community. This may be accomplished by wearing appropriate badges which contain the company name and employee name. Location The data collection work to be performed is located in the Hilo District, County of Hawaii. The project area is shown on the attached map. Quality Control The contractor shall establish and maintain a Quality Control Plan to ensure the requirements of the contract are provided as specified. The contractor will provide the contracting officer a copy of the Quality Control Plan not later than the preperformance conference. Updated copies will be provided to the contracting officer as changes occur. The content of the Quality Control Plan will include, but will not be limited to, Internal review system for the data collection and analyses phases. Data and document handling system to promote efficient and effective organization of material and to ensure conformance with Privacy Act requirements. The County will review the Quality Control Plan to determine if it is adequate. NRCS will review and will provide comments to County on the contractor's Quality Control Plan. If it is adequate, the County will accept the plan and/or subsequent changes to the plan. Quality Assurance Quality assurance will be provided by NRCS to assure services meet the requirements of the Performance Work Statement. Review of the contractor's work to meet the requirement of the contract and comply with the Quality Control Plan will be conducted during coordination meetings between the contractor and NRCS. If the QA review reveals that contract provisions have not been met, a Contract disa~epancy report will be prepared by NRCS and submitted to County. The County may require the contractor to explain, in writing, how the performance will be returned to acceptable levels and how recurrence of the problem will be prevented in the future. Documentation and records All documentation, records, and prepared analyses as described in the Statement of Work that are the responsibility of the contractor are the property of the County and will be turned over to the County upon completion or termination of the contract. All records may be subject to the federal Freedom of Information and Privacy Acts and any requests for release of any records shall be handled accordingly. DEFINITIONS As used throughout this Performance Work Statement, the following terms shall have the meanings set forth below. Contracting Officer -Person with the authority to enter into, administer, and/or terminate contracts .md make related determinations and findings. Contracting Officer's Representative -Persons authorized to act for the within limits of their authority for the Contracting Officer. Quality Assurance -Those actions taken by the Government to assure services meeting the requirements of the Performance Work Statement. 2 Quality Control -Those actions taken by the contractor to control the performance of services so that they meet the requirements of the Performance Work Statement. Quality Standard -The measurable basis for which the government will accept or reject the contractor's work. GOVERNMENT FURNISHED PROPERTY, MATERIALS, AND SERVICES Specific and ongoing technical guidance will be provided by NRCS. The work will be based on the technical analyses for the project completed by NRCS in 2003. The analyses include hydrology, hydraulics, and a preliminary flood protection plan. The County will assist to establish contact with residents and landowners. CONTRACTOR FURNISHED ITEMS AND SERVICES Except for those items expressly mentioned in the section above, the contractor will furnish everything required to achieve execute this performance work statement. SPECIFIC TASKS The work will be to prepare a plan to provide flood protection to homes along Kaumana Drive between Chong Street and one-half mile above Wilder Road. The work will be based on the Waipahoehoe Stream flood analysis completed by the Natural Resources Conservation in 2003. The work will include I. Review of and familiarization with the NRCS Waipahoehoe Stream analysis, 2. Development of ageographically-based analyses and mapping system, 3. Preparation of a detailed plan and report to control floodwater in the project, which includes estimates of construction costs, landrights costs, and operation and maintenance costs. ' 4. Dealing with landowners and residents in the affected community to develop acceptable designs for works of improvement, and 5. Coordination of state and federal environmental review processes and preparation and completion of an appropriate final environmental analysis document Data and intermediate work products will be provided to the County and NRCS for discussion and review during the periodic meetings. Quality Standard The quality standard for the work which will be judged acceptable will be: Works of improvement conform to NRCS Standards and Specifications for engineering practices; 3 The project plan seeks to maximize economic flood reduction benefits relative to life-cycle project costs; No major objections or opposition by the community or public to the project, Absence of significant computational or analytical errors in the Project Report and documentation; Data that is deemed confidential is handled appropriately in conformance with the requirements of the Federal Privacy Act; and. Work is completed and transmitted on or before the dates specified in the contract. The contractor's performance will also be evaluated during the periodic meetings with NRCS. REFERENCES AND PUBLICATIONS NRCS; National Watershed Manual, 2"~ ed.; December 1992 NRCS; National Resource Economics Handbook; July ] 998 NRCS; Field Office Technical Guide, Section IV, Practice Standards and Specifications U.S. Water Resources Council; Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies; March 1983 Federal Freedom of Information Act and Privacy Act 4