HomeMy WebLinkAboutResolution No. 2011-70COUNTY COUNCIL COUNTY OF KAUAI Re~uCution ~~._~~,_>a RESOLUTION AUTHORIZING THE MAYOR OR THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII,DEPARTMENT OF HEALTH, FOR A LOAN FROM THE STATE WATER POLLUTION CONTROL REVOLVING FUND FOR THE WAIMEA WASTEWATER TREATMENT PLANT EXPANSION, PHASE I, PROJECT NO. C150047-04 WHEREAS, the County of Kauai Department of Public Works Wastewater Management Division owns and operates the Waimea Wastewater Treatment Plant WWTP) and the associated sewage collection system and sewage pump stations,collectively known as the Waimea Wastewater System, that collects, treats and disposes of domestic and commercial wastewater from the Waimea community; and WHEREAS, Hawaii Revised Statutes, Chapter 342, Part V, establishes a Water Pollution Control Revolving Fund, commonly referred to as the State Revolving Fund (SRF), in accordance with the provisions and requirements of the Federal Water Quality Act of 1987, Public Law 100-4; and WHEREAS, by Resolution No. 2005-69 dated December 14, 2005, the Council of the County of Kauai authorized the Mayor or the Director of Finance to request for, and execute, Water Pollution Control Revolving Fund Loan/Grant Applications and Agreements over a term not to exceed twenty years, a principal amount not to exceed $12,090,070.00 for the Waimea Wastewater Treatment Plant Expansion,Phase I, Project No. C150047-04; and WHEREAS, the Department of Public Works Wastewater Management Division has applied with the State of Hawaii, Department of Health for a Water Pollution Control Revolving Fund Loan for the Waimea Wastewater Treatment Plant Expansion, Phase I, Project No. C150047-04; and WHEREAS, on July 31, 2009 the County of Kauai advertised a Request for Proposals (R,FP) No. P 0137 to procure adesign/build construction contractor for the Waimea Wastewater Treatment Plant Expansion, Phase I, Project No. C150047-04;and
WHEREAS, on October 6, 2009 the County of Kauai received Proposals from design-build contractors in response to RFP No. P 0137 for the Waimea Wastewater Treatment Plant Expansion, Phase I, Project No. C150047-04, all of which were at a cost not to exceed $12,090,070.00; and WHEREAS, by Resolution No. 2009-6I dated October 21, 2009, the Council of the County of Kauai authorized the Mayor or the Director of Finance to request for,and execute, Water Pollution Control Revolving Fund Loan/Grant Applications and Agreements over a term not to exceed twenty years, for the Waimea Wastewater Treatment Plant Expansion, Phase I, Project No. C150047-04 with funds allocated by the Federal American Recovery and Reinvestment Act (ARRA) of 2009 or otherwise, the principal amount not to exceed $16,000,000.00; and WHEREAS, on November 25; 2009, the Director of Finance executed by Contract No. 8170 in the amount of $15,679,383.90 for the design and construction of the Waimea Wastewater Treatment Plant Expansion, Phase I, Project No.C150047-04; and WHEREAS, on December 15, 2009, the County and the State of Hawaii Department of Health executed a Final Water Pollution Control Revolving Fund Loan Agreement for a loan of $7,438,075.00 from the ARRA of 2009 at zero interest and zero loan fee with principal forgiveness of the entire loan amount; and WHEREAS, on January 15, 2010, the County and the State of Hawaii Department of Health executed a Final Water Pollution Control Revolving Fund Loan Agreement for a loan of $8,241,308.90 from the Water Pollution Control Revolving Fund for the design and construction of the Waimea Wastewater Treatment Plant Expansion, Phase I, Project No. C150047-04; and WHEREAS, in addition to the design and construction costs associated with Contract No. 8170, the County has identified the need for additional work for the completion of the construction of the Waimea Wastewater Treatment Plant Expansion, Phase I, Project No. C150047-04, including but not limited to costs of hiring a construction management consultant for the project and costs associated with changes needed for the design and construction due to conditions that were not known at the time Contract No. 8170 was executed; now, therefore,BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI,STATE OF HAWAII, that the County of Kauai, pursuant to Section 342D-83 through Section 342D-87, Hawaii Revised Statutes, has submitted an application for a loan funded by the Water Pollution Control Revolving Fund ("SRF loan") to the Director of the Department of Health, State of Hawaii, to finance the construction of the Waimea Wastewater Treatment Plant Expansion, Phase I, Project No. 0150047-04.