HomeMy WebLinkAboutResolution No. 2016-47COUNTY COUNCIL
COUNTY OF KAUAI
RC,510tutt"011
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 `ELE`ELE
WASTEWATER TREATMENT PLANT IMPROVEMENTS,
PROJECT NO. C150050 -11
WHEREAS, the County of Kauai Department of Public Works Wastewater
Management Division owns and operates the `Ele`ele Wastewater Treatment Plant
(WWTP) and the associated sewage collection system and sewage pump stations,
collectively known as the Hanapepe - `Ele`ele Wastewater System, that collects,
treats, and disposes of domestic and commercial wastewater from the Hanapepe
and `Ele`ele community; and
WHEREAS, Hawaii Revised Statutes, Section 342D, 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, 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 `Ele`ele Wastewater Treatment Plant
Improvements, Project No. C150050 -11; and
WHEREAS, by Resolution No. 2013 -70 dated September 11, 2013, the
Council of the County of Kauai authorized the Mayor or the Director of Finance to
execute Water Pollution Control Revolving Fund Loan Agreements with a principal
amount not to exceed $5,000,000.00 for the `Ele`ele Wastewater Treatment Plant
Improvements, Project No. C150050 -11; and
WHEREAS, the Mayor and the Director of Finance have executed a Water
Pollution Control Revolving Fund Loan Agreement with the State of Hawaii,
Department of Health, with a principal amount not to exceed $5,000,000.00 for the
`Ele`ele Wastewater Treatment Plant Improvements, Project No. C150050 -11; and
WHEREAS, construction for the `Ele`ele Wastewater Treatment Plant
Improvements (C150050 -11) project was initiated via Contract No. 9015, for which
Notice to Proceed was issued on May 5, 2014, and the County contracted with a
consulting firm for professional construction management services for the project
via Contract No. 9049; and
WHEREAS, construction has progressed to a point of more than ninety -five
percent (95 %) completion, and during the course of construction a variety of
conditions have arisen that were not anticipated at the time the plans were
prepared, which have necessitated additional effort by the contractor and the
construction management consultant; and
WHEREAS, the differing or changed site conditions have been addressed
with contract change orders to Contract No. 9015, and a contract amendment to
Contract No. 9049, which collectively have encumbered virtually all of the available
budget of $5,000,000.00; and
WHEREAS, additional change order work is necessary to bring the project to
completion, the estimated value of which will not exceed $250,000.00; 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, executed a loan funded by the
Water Pollution Control Revolving Fund ( "SRF loan "), with the Director of the
Department of Health, State of Hawaii, to finance the construction of the `Ele`ele
Wastewater Treatment Plant Improvements, Project No. C150050 -11.
BE IT FURTHER RESOLVED, that the Mayor or the Director of Finance of
the County of Kauai are authorized to execute all necessary intergovernmental
agreements and documents between the State of Hawaii and the County of Kauai
relating to the SRF loan, including a Water Pollution Control Revolving Fund Loan
Agreement, to finance the construction of the `Ele`ele Wastewater Treatment Plant
Improvements, Project No. 0150050 -11 with SRF loan funds, provided that the
principal amount shall not exceed $5,250,000.00.
BE IT FURTHER RESOLVED, that the County pledges its full faith and
credit, including but not limited to the County's general taxing power, as security
for the loan.
BE IT FURTHER RESOLVED, that the County Clerk be directed to provide
copies of this Resolution to the Mayor, the County Engineer, the County Director of
Finance, and the Director of the State Department of Health.
BE IT FURTHER RESOLVED, that this Resolution shall take effect upon its
approval.
Introduced by:
ROSS KAGAWA
(By Request)
V: \RESOLUTIONS \2014 -2016 TERM \Intergovernmental agreement- RK- YS- _lc.doc.docx
Certificate ®f Moption
Ve berebp certifp that 3ReSotutiou ,moo. 2016 -47
Wa,5 abopteb Cep the Council of the Countp of 7kRaua`i, *tate of
�OaWai`i, libu`e, Raua`i, 3�)aWai`i, on June 1, 2016.
ountp Clerk
�Dateb June 1, 2016
<Ctjairm n & Pregibing Officer
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Certificate ®f Moption
Ve berebp certifp that 3ReSotutiou ,moo. 2016 -47
Wa,5 abopteb Cep the Council of the Countp of 7kRaua`i, *tate of
�OaWai`i, libu`e, Raua`i, 3�)aWai`i, on June 1, 2016.
ountp Clerk
�Dateb June 1, 2016
<Ctjairm n & Pregibing Officer