HomeMy WebLinkAbout2010-01-07 Water Board AgendaDEPARTMENT OF WATER SUPPLY
COUNTY OF HAWAII
WATER BOARD SPECIAL MEETING
AGENDA
MEETING DATE: January 7, 2010
TIME: 10:00 a.m.
PLACE: Department of Water Supply, Operations Conference Room, 889 Leilam Street, Hilo
1) CALL TO ORDER— 10:00 a.m. (please turn cell phones off or set to silent)
2) STATEMENTS FROM THE PUBLIC
3) NORTH KONA:
A. PIPELINE INSTALLATION RIGHT OF ENTRY AGREEMENT WITH QUEEN
LILI`UOKALANI TRUST (QLT) FOR THE PALANI ROAD TRANSMISSION WATERLINE
PROJECT (JOB NO. 2003 -823, PALANI ROAD TRANSMISSION WATERLINE,
MAMALAHOA HIGHWAY TO PALANI NO.2 RESERVOIR):
The Water Board is being asked to consider approval of a Right -of -Entry (ROE) agreement across TMK
7 -4- 008:001 (Portion), to allow DWS' contractor, CTS Earthmoving, Inc., to continue work on JOB
NO. 2003 -823, PALANI ROAD TRANSMISSION WATERLINE, MAMALAHOA HIGHWAY TO
PALANI NO. 2 RESERVOIR.
Typically, the Manager of the Department of Water Supply (DWS) has the authority to sign Right -of-
Entry Agreements; however, this matter must come before the Board because the property owners
inserted an indemnification clause within the agreement.
The Department of Water Supply is already in the process of constructing the transmission waterline
and related facilities in the North Kona area. Sections of the project will run across portions of Queen
Lili`uokalani Trust (QLT) land through easements and two reservoirs will be built on portions of what is
now QLT land.
Per an agreement that DWS and QLT wish to execute regarding cost - sharing and capacity - sharing, these
easements will be granted to DWS and the reservoir sites will ultimately be purchased and owned by
DWS. Although both parties have indicated that they agree to the proposed terms of that agreement, the
parties have yet to complete the execution of that Agreement. Please note that Board approval of that
agreement will be agendized for the January 26, 2010, Water Board meeting. However, once that
agreement is approved and executed, it will still require some time to complete the grant of easement
and transfer of the reservoir sites to DWS.
CTS Earthmoving Inc., has already been working within the subject easements and reservoir sites based
on a current, limited construction right of entry agreement, previously approved by the Water Board,
which also has an indemnification clause. That scope of work was limited to clearing and grading.
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Most of that work has been done, and to keep working, CTS needs to start installing pipeline in a matter
of days. Therefore, QLT has consented to a new construction right of entry agreement which will allow
CTS to also install pipe.
QLT is only granting the limited scope of work in order to push both sides to complete the main
agreement. However, as mentioned above, even once the main agreement is executed, it will take some
time to complete the legal transfer of the property and construction needs to continue without stop.
Therefore, the department seeks approval from the Board for the Pipeline Installation Right of Entry
Agreement.
RECOMMENDATION: It is recommended that the Water Board approve the execution of the Pipeline
Installation Right of Entry Agreement, and further that the Chairman or Vice - Chairman be authorized to
execute the Agreement, subject to review as to form and legality by Corporation Counsel.
B. PROPOSED AMENDMENT TO PIPELINE INSTALLATION RIGHT OF ENTRY
AGREEMENT WITH QUEEN LILI`UOKALANI TRUST (OLT) FOR THE PALANI ROAD
TRANSMISSION WATERLINE PROJECT (JOB NO. 2003 -823, PALANI ROAD
TRANSMISSION WATERLINE, MAMALAHOA HIGHWAY TO PALANI NO. 2
RESERVOIR):
The Department of Water Supply (DWS) would like to propose an amendment to the ROE Agreement
to Queen Lili`uokalani Trust (QLT). Due to the time constraints, the DWS has not been able to receive
QLT's agreement to this amendment at the time of the posting of this agenda. Therefore the DWS
would like the Board's pre - approval to amend the ROE should QLT agree. The department is
proposing to amend the ROE Agreement with the addition of a self - executing clause that upon full
signature and execution of the main agreement regarding cost sharing and capacity sharing, the
construction right of entry agreement amends itself to include all types of construction related to the
project and extends the period of the ROE agreement for the duration of the project or until such time as
the easement is granted and title to the properties has transferred to DWS. At that time, the ROE will
self - terminate and only the terms of the main agreement will be in effect.
RECOMMENDATION: It is recommended that the Water Board approve the execution of the
Amended Pipeline Installation Right of Entry Agreement, subject to QLT agreement and further that the
Chairman or Vice - Chairman be authorized to execute the Agreement, subject to review as to form and
legality by Corporation Counsel.
STATEMENTS FROM THE PUBLIC:
5) ADJOURNMENT
Anyone who requires an auxiliary aid or service for effective communication or a modification ofpolicies or procedures to participate in this Water Board
Meeting should contact Doreen Shirota, Secretary, at 961 -8050 as soon as possible, but no later than five days before the scheduled meeting.
The Department of Water Supply is an Equal Opportunity provider and employer.
Notice to Lobbyists: If you are a lobbyist, you must register with the Hawai `i County Clerk within five days of becoming a lobbyist. (Article 15,
Section 2- 91.3(b), Hawai `i County Code) A lobbyist means "any individual engaged for pay or other consideration who spends more than five
hours in any month or $275 in any six -month period for the purpose ofattempting to influence legislative or administrative action by
communicating or urging others to communicate with public officials. " (Article 15, Section 2- 91.3(a)(6), Hawai `i County Code) Registration
forms and expenditure report documents are available at the Office of the County Clerk - Council, Hilo, Hawai `i.
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