HomeMy WebLinkAboutCOM 0451.000 2014-2016 William P. Kenoi o�N�' ... Deanna Deanna S. Sako
Mayor �' 't , Director
•*k...1°'' ••IIE
Lisa K. Miura
wo. Deputy Director
•County of Hawaii
Finance Department
25 Aupuni Street,Suite 2103 • Hilo,Hawai`i 96720 ry 1'.
(808)961-8234 • Fax(808)961-8569 0
Ln
August 27, 2015 CD
Dru Kanuha, Council Chair and
Members of the Hawai`i County Council
Hawai`i County Council w j
25 Aupuni Street
Hilo, Hawai`i 96720
Re: Capital Budget
The Department of Public Works is requesting to add an appropriation to Ordinance 15-58,
the Capital Budget, for their Kahilu Road Resurfacing project. The Department of
Hawaiian Home Lands (DHHL) is providing $500,000 towards the material and ancillary
costs of this project, while the County will supply the labor and equipment.
Enclosed is a bill for an ordinance to add the project titled"Kahilu Road Resurfacing"
and to appropriate $500,000 to the Capital Budget for this project.
The Department of Public Works is requesting this bill to be waived from the Finance
Committee and be placed on the September 16, 2015 Council Agenda. Additionally, they
request Council to waive the 5 day reconsideration period (Council Rule No. 15) in order
to expedite this project. If there are any questions, please do not hesitate to call Warren
Lee, Director of the Department of Public Works at 961-8321.
Deanna S. Sako
Director of Finance
Enc.
cc: Public Works
< 3't )
Comm. No. T S
Ref. To: cc IA-C M1]FC)
Ref. Dote AUG 2 8 7015
Hawaii County is an Equal Opportunity Employer and Provider
Form #: B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: Public Works DATE: August 18, 2015
STAFF CONTACT: Casey K. Yanagihara PHONE: 961-8004
A. REQUEST:
An ordinance to amend Ordinance 15-58, the Capital Budget, by adding an appropriation to
receive funds in the amount of $500,000 from the DHHL (Department of Hawaiian Home
Lands), for the resurfacing of Kahilu Road in Waimea, South Kohala.
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
This Kahilu Road resurfacing project is a partnership between the County of Hawaii
and the DHHL. The DPW will be supplying the labor and equipment, and the DHHL
will be funding the material and ancillary costs estimated at $500,000.
Presently, Kahilu Road is a one-lane, semi-paved/gravel road, which provides access
to numerous agricultural and residential DHHL properties. The COH and DHHL will
be executing an MOA (see attached) to cost share and improve Kahilu Road.
The COH will be doing a project to improve the travel lanes along the Mamalahoa
Highway from Kamamalu Street to lona Court. The COH and the DHHL have
mutually agreed to use Kahilu Road as an alternate route to get around the
Mamalahoa Highway work zone. This will help tremendously in the problematic traffic
situations that may occur.
SIGNED: Ak DATE:
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MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT (hereinafter"MOA"), is made and entered
into this day, of , 2015, by and between the COUNTY OF
HAWAII, a municipal corporation duly organized and existing under the laws of the State of
Hawai`i (hereinafter"County") and the DEPARTMENT OF HAWAIIAN HOME LANDS
(hereinafter"DHHL"), whose mailing address is 91-5420 Kapolei Parkway, Kapolei, Hawai`i
96707, (collectively, the "parties"). W x,
WITNE `TH:
WHEREAS, the parties wish to enter into acost sharia• agreement TOtt a widening and
resurfacing of Kahilu Road in Waimea, South Kohala Hawa i, in Kuhio Village,from Hale
Ali`i Road to Pualahilahi Alanui Road(hereinafter the "Prat");
WHEREAS, this Project is necessaryto provide an alternate route for motorists when the
County undertakes the M is ahoa Highway(Route019)440r9vements road reconstruction
project, between KarfiAmalu Streetto lona Co" .
WHEREAS, this`PfojectFi also necessary to provide an emergency bypass road during
,NOblockages on th'' >m ® alahoa H ghway (Route 9),'l veen Kamamalu Street and Mana Road
intersections; i.e., roadway flooding,vehicular cra`s ies, fallen trees, and any other natural disaster
occurrences';,q,
WHEIMM., this Project will provide a safer driving and pedestrian environment for
DHHL lessees in tl4kuhio Villa area. The project will also reduce future maintenance costs
for DHHL.
a,.
WHEREAS, the County will provide the necessary labor and equipment, and scheduling
for delivery to the Project; and the DHHL will provide the necessary funding for the delivery of
raw and processed materials for the Project;
WHEREAS, the DHHL will provide a disposal site, reasonably acceptable to the County,
for all excess material coming from this Project. Environmental clearances and permitting will
be the responsibility of the DHHL;
WHEREAS, the Department of Public Works ("DPW") will assist with the regulatory
permitting under the County's jurisdiction: i.e., grading and stockpiling permits. DPW will
assist, to the extent possible, in completing applications and expediting the review/approval
process. DPW will not draft any plan drawings, nor will it participate in any State or Federal
permitting process;
WHEREAS, the DHHL will be responsible for reasonable public notice or outreach, as
related to this Project;
WHEREAS, the parties agree to enter into this MOA to memorialize the parties
respective responsibilities towards successful completion of the Project;
WHEREAS, this MOA is exempt from the State of Hawai`i public procurement code
pursuant to section 103D-102(2)(G), Hawaii Revised Statutes; and
NOW THEREFORE, for and in consideration of the premises set forth herein, the parties
hereto agree as follows:
1. SCOPE OF WORK: The County and the DHHL shall do, perform, and carry out
in a satisfactory and proper manner, all necessary and required work, or as may be modified by
written agreement by the parties. The Project consists of the following:
a. Kahilu Road will be widened, as wide as practicable, up to 20-feet of asphalt
concrete pavement (travel lanes) and 2-feet gravel shoulders, with the remaining available natural
grass/gravel shoulders, as much as practicable.
b. The widened road portion of Kahilu Road will be constructed with minimum 2-
inches of asphalt concrete pavement on 6-inches of aggregate base course material. The
remaining existing paved portion of the roadway will be resurfaced with minimum 2-inches of
asphalt concrete pavement. The County will schedule the delivery, or pick-up, of the necessary
quantities of aggregate base course and hot mix asphalt concrete.
c. Thermoplastic double-yellow centerline striping will be provided through the
entire length of Kahilu Road. Two stop bars, two stop signs, and two 25-mph speed limit signs
will also be provided at both ends of Kahilu Road.
d. The proper tie-ins will be constructed from the paved roadway to the adjacent
existing driveways.
-2-
e. The existing three (3) 24-inch Reinforced Concrete Pipe (RCP) culvert system
will be extended by DHHL, to accommodate the road widening of this Project. This work shall
be paid for by DHHL and done under a separate construction contract.
f. The DHHL will be responsible and complete the following:
i. Get all necessary and required environmental clearances and permitting, with
assistance from DPW only with regard to the regulatory permitting processes under the
County's jurisdiction.
ii. Verify and identify, prior to construction, the Kahilu Road right-of-way.
iii. Provide a disposal site, reasonably acceptable to the County, for all excess
material coming from this Project.
iv. Provide reasonable public notice and/or outreach related to this Project.
2. COST SHARING: The County will provide the necessary labor and equipment
for the Project and the DHHL will provide the necessary funds to deliver to the Project site the
required raw and processed materials. The DHHL will pay, before work starts, an advance fee of
Five Hundred Thousand Dollars ($500,000.00) for the materials and any necessary equipment
rental costs.
a. The County will account for the cost of the necessary quantities of aggregate base
course and hot mix asphalt concrete and credit the advance fee provided by the DHHL,
accordingly.
b. The County will account for the cost of the necessary quantities of thermoplastic
striping and signage materials, and credit the advance fee provided by the DHHL, accordingly.
c. Cost adjustments (plus or minus) will be settled at project completion, with an
adjusted invoice amount paid by the respective party.
d. The County will provide to DHHL, monthly invoices on the materials and hauling
fees which the County accrues and expends; and will consolidate and rectify all expenditures at
the end of the project.
3. TERM: The term of this Agreement shall commence when written notice to
proceed is given by the County and shall be completed on or before 45 consecutive working
days, exclusive of review time as may be required by the County and other agencies.
Notwithstanding the foregoing, the term of this Agreement may be extended by written, mutual
agreement of the parties.
-3-
4. MODIFICATIONS: The Parties understand and agree that this MOA cannot be
changed or amended orally. Any modification of this Agreement shall be effective only if made
in writing and signed by duly authorized representatives of all Parties hereto. If the Parties agree
upon any modification of any term or condition of this Agreement, all other terms and conditions
of this Agreement which are not expressly modified shall remain in full force and effect. Any
changes to this Agreement must be agreed to in writing.
5. BINDING EFFECT. All the terms, covenants and conditions of this MOA shall
inure to the benefit of and be binding upon the successors and assigns of the parties hereto.
6. COUNTERPARTS. This Agreement may be executed in several counterparts,
each of which shall be deemed an original, and said counterparts shall together constitute one and
the same agreement, binding the parties hereto.
-4-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as
of the date first above written.
RECOMMEND APPROVAL: County of Hawai`i
By: By:
Warren H. W. Lee, P.E.
Director of Public Works
County of Hawai`i
Dated:
APPROVED AS TO FORM
AND LEGALITY
By:
Deputy Corporation Counsel
County of Hawai`i
Dated:
Department of Hawaiian Home Lands
By:
Jobie M. K. Masagatani, Chairman
Hawaiian Homes Commission
Dated:
APPROVED AS TO FORM
By:
Deputy Attorney General
-5-
STATE OF HAWAI`I )
) SS.
COUNTY OF HAWAII )
On this day of , 2015, before me personally appeared
WILLIAM P. KENOI, to me personally known, who, being by me duly sworn, did say that he is
the MAYOR of the County of Hawai`i, a municipal corporation of the State of Hawai`i; that the
seal affixed to the foregoing instrument is the corporate seal of the said County of Hawaii; that
the foregoing instrument was signed and sealed in behalf of the County of Hawai`i by authority
given to said Mayor of the County of Hawai`i by Section 5-1.3(g) of the County Charter, County
of Hawai`i (2000), as amended; and assigned by the Mayor pursuant to Section 6-1.3(h) of the
County Charter; and said WILLIAM P. KENOI acknowledged said instrument to be the free act
and deed of said County of Hawai`i.
Notary Public, State of Hawai`i
My commission expires:
STATE OF HAWAI`I )
) SS.
COUNTY OF HAWAII )
On this day of , 2015, before me appeared JOBIE M. K.
MASAGATANI, Chairman, Hawaiian Homes Commission, to me known to be the person
described in and who executed the foregoing instrument, and acknowledged that she executed the
same as her free act and deed.
Notary Public, State of Hawai`i
My commission expires:
-6-
KAREN EOFF -0.1•11°.!.. AARON S.Y. CHUNG
Chairperson -`=^ l�Go,; MAILE"MEDEIROS"DAVID
•
GREGGOR ILAGAN
VALERIE T. POINDEXTER DRU MAMO KANUHA
Vice Chair _ DENNIS"FRESH"ONISHI
4Te.°`"�� DANNY PALEKA
MARGARET WILLE
HAWAI`I COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 Aupuni Street
Hilo, Hawaii 96720
August 27, 2015
Dru Mamo Kanuha, Chairperson
Hawai`i County Council
25 Aupuni Street
Hilo, Hawai`i 96720
RE: Bill. No. 87 : AN ORDINANCE AMENDING ORDINANCE NO. 15-58, AS
AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF
FOR THE FISCAL YEAR JULY 1, 2015 TO JUNE 30, 2016.
Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of
Hawai`i, this written request is submitted with my approval that the above-referenced matter be
waived from the Committee on Finance to the full Council for immediate action. In reviewing
this matter, timely approval is crucial. It is therefore advantageous that approval is granted and
the matter be placed onto the next Council agenda for review. However, in the event this request
is denied, for whatever reason, I understand the matter shall be referred to the Committee on
Finance for placement on its future agenda.
Sincerely,
471
VV Karen Eoff, Chairperson
Committee on Finance
Appre -• I ate/Waive,to Council: Disapproved/Date/Refer to FC:
5/2/t/5
tDru Mamo Kanuha, Chairperson Dru Mamo Kanuha, Chairperson
Hawai`i County Council Hawai`i County Council
KE/wb
Hawai`i County is an Equal Opportunity Provider and Employer