issuance of a construction right-of-entry to...

DAVID Y. IGE JADE T. BUTAYGOVERNOR DIRECTOR

Deputy Directors

LYNN AS. ARAKI-REGAN

DEREK J. CHOW

ROSS M. HIGASHI

EDWIN H. SNIFFEN

STATE OF HAWAII IN REPLY REFER TO:

DEPARTMENT OF TRANSPORTATION869 PUNCHBOWL STREET

HONOLULU, HAWAII 9681 3-5097

Board of Land and Natural ResourcesState of HawaiiHonolulu, Hawaii OAHU

ISSUANCE OF A CONSTRUCTION RIGHT-OF-ENTRY TO HAWAIIANELECTRIC COMPANY, INC., TO INSTALL AN UPGRADED REPLACEMENTUNDERGROUND AND ASSOCIATED FACILITIES FOR THE COMPLETION OFMATSON TERMINALS, INC., IMPROVEMENTS AND CAPITALIMPROVEMENTS PROJECTS WITHIN THE SAND ISLAND CONTAINERFACILITY, HONOLULU HARBOR, OAHU, TAX MAP KEY NO. (1) 1-5-041:200(PORTION)

LEGAL REFERENCE:

Sections 171-11, 171-13, and 171-95, Hawaii Revised Statutes (HRS), as amended.

APPLICANT:

Hawaiian Electric Company, Inc., (“Applicant”), a domestic profit corporation, whosemailing address is 900 Richards Street, Honolulu, Hawaii 96813.

CHARACTER OF USE:

To allow Applicant and its permitted agents (assignees, contractors, sub-contractors, andagents) the right to enter upon and take possession of the premises to install an upgradedreplacement underground and associated facilities for the completion of Matson TerminalInc.’s (Matson) improvements and capital improvement projects including: constructionof electrical and civil infrastructure improvements to accommodate new and existinggantry cranes.

LOCATION:

Portion of Government lands situated on Sand Island, Honolulu Harbor, Tax Map KeyNo. (1) 1-5-041:200 (P), as delineated in red shown on the attached map labeled Exhibit“A”. As stated below portion, said lands have been set aside to the State of Hawaii,Department of Transportation (“DOT”) by Governor’s Executive Order 2931.

I

ITEM M-11

Board of Land and Natural ResourcesConstruction Right-of-Entry to Hawaiian Electric Company, Inc.

AREA:

Approximately 6,200 square feet. (Exhibits “B 1-3”)

CONSIDERATION:

Gratis. Pursuant to Section 17 1-95, HRS.

ZONING:

State Land Use Commission: UrbanCity and County of Honolulu: 1-3 Waterfront Industrial

TERM OF CONSTRUCTION RIGHT-OF-ENTRY:

Twelve (12) months, with the option to extend the term in increments of ninety (90) daysuntil the installation of the upgraded replacement underground and associated facilitiesfor the completion of Matson’s improvements are complete.

COMMENCEMENT DATE:

To be determined by the Director of Transportation.

CURRENT USE STATUS:

Cargo container facility and pier.

LAND TITLE STATUS:

Owned by State of Hawaii; management and control of the property was transferred tothe DOT by Governor’s Executive Order 2931.

TRUST LAND STATUS:

A portion of the subject property was acquired pursuant to Section 5(a) of TheAdmissions Act, and the remainder of the subject property was acquired pursuant toPublic Law 88-233.

CHAPTER 343 - ENVIRONMENTAL ASSESSMENT:

A Declaration of Exemption from the Office of Environmental Quality Control Boardof Land and Natural Resources requirements pursuant to Sub-Chapter 11-200-8 of theHawaii Administrative Rules that exempts the following:

Board of Land and Natural ResourcesConstruction Right-of-Entry to Hawaiian E ectric Company, Inc.

Exemption Class 2. Replacement or reconstruction ofexisting structures andfacilitieswhere the new structure will be located, generally on the same site, and will havesubstantially the same purpose, capacity, density, height and dimensions as the structurereplaced.

Item B.2. Upgrade or replace utility and drainage systems to maintain a consistentlevel ofservice. Drainage improvements will generally consist of installation ofpipeculverts, construction ofcutters where minorfollowing occurs.

APPLICANT REQUIREMENTS:

Hawaiian Electric Company, Inc., shall:

1. Ensure that their contractors, sub-contractors shall obtain the following insuranceduring the term of the Construction Right-of-Entry and naming the Departmentof Transportation, Harbors Division as an additional insured:

(a) Bodily injury or property damage caused by Applicant’s or its permittedagent’s negligence in the form of a general liability insurance policy witha combined single limit of not less than $1,000,000.00 for bodily injuryand damage to property per occurrence, and $2,000,000.00 in theaggregate.

(b) Automobile insurance for any vehicles used to access and are on thePremises with a minimum limit of not less than $1,000,000.00 peroccurrence.

(c) All insurance required to be maintained by Applicant and its permittedagents hereunder shall be pursuant to policies in form and substanceconsistent with policies of similar type issued to businesses similar toApplicant and its permitted agents and issued by companies of sound andadequate financial responsibility, who are authorized to do business in theState of Hawaii, all as reasonably satisfactory to the State.

(d) Applicant shall name the State as an additional insured on the policies orprovide other assurances, reasonably acceptable to the State, thatApplicant’s insurance policies shall be primary, not in excess of or prorata and noncontributing as to and with any other insurance held ormaintained by the State, for any injury or claim arising on the Premisesdue to Applicant’s negligence or the negligence of its permitted agents.The State shall include the State’s officers and employees acting withinthe scope of their duties.


(e) Applicant shall provide proof of all required insurance to the State eitherby production of the actual insurance policies or by an insurancecertificate on an ACORD form or some other written form reasonablyacceptable to the State, together with appropriate written evidence,reasonably satisfactory to the State, that the insurance premiums havebeen paid.

Use due care for public safety and agrees to defend, hold harmless, andindemnify the State, its officers, agents, and employees, or any person acting forand on its behalf, from and against all claims or demands for damage, includingclaims for property damage, personal injury, or death, arising on, about or inconnections with the exercise of the rights and privileges herein granted, causeddirectly or approximately by any failure on the part of the Applicant in its use ofthe premises.

Take all necessary steps to ensure that any of its work involving the premiseswill not cause any permanent damage to property or improvements situated on,adjacent to, or near the Premises.

Upon expiration of the Construction Right-of-Entry, at its sole cost andexpense, restore the premises, and the ingress and egress thereto, to thecondition it was in immediately prior to commencement of the ConstructionRight-of-Entry, to the satisfaction of the State within a reasonable time aftersuch expiration.

Take all necessary steps to ensure that the work done on the premises does notinterfere with any of the operational activities of any adjacent propertyowners.

Coordinate all activities with staff of the Department of Transportation,Harbors Division.

At all times during the term of the Construction Right-of-Entry, comply withall applicable laws, statutes, ordinances, rules and regulations, whether State,County, or Federal, which are now or hereafter may be in effect.

Adhere to other terms and conditions as may be prescribed by the Directorof Transportation.


REMARKS:

The Board has previously approved a Construction Right-of-Entry (Reference BLNRMeeting, April 27, 2018, Item M6) to Matson for the installation of three (3) new docksidecranes with electric power (Phase Al); demolish four (4) aging dockside cranes, retain andupgrade three (3) existing cranes, and relocate one (1) of the upgraded cranes (Phase A2),and, construction of associated electrical and civil infrastructure improvements toaccommodate the new and existing cranes (Phase B).

The scope of the Applicant’s, work is to install an upgraded replacement undergroundand associated facilities for the completion of Matson’s terminal improvements andcapital improvement projects including: construction of electrical and civil infrastructureimprovements to accommodate new and existing gantry cranes.

RECOMMENDATION:

That the Board authorizes the issuance of a Construction Right-of-Entry to theApplicant and its permitted agents covering the subject area for the purposes citedabove, subject to the terms and conditions outlined above and incorporated herein byreference, and such terms and conditions as may be prescribed by the Director ofTransportation.

Res ctfully subi ed,

•IrofTrans~ortation~

APPROVED FOR SUBMITTAL:

SUZ~N~EChairperson and MemberBoard of Land and Natural Resources

Atts: Exhibits “A” and “B-l”-”B-3”

lExhibit “A” Hawaiian Electric Company, Inc. Construction Right-of-Entry I•b< h~. ~

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March 27, 2019

Mr. Calvert ChunState of HawaiiDepartment of TransportationHarbors Division79 S. Nimitz HighwayHonolulu, Hawaii 96813

Subject: Request for Construction Right of Entry and Grant of Easementfbr a Utility Easement to Service Matson at the Sand IslandContainer Facility Affecting Tax Map Key No. (H 1-5-041: 200 Por.

Dear Mr. Chun:

Hawaiian Electric Company. Inc. HECO). respectfully requests the issuance of aconstruction right of entry and perpetual easement that will allow 1-IECO to install anupgraded replacement underground hne and associated facilities in association ~ ithMatson’s ser~ ice load increase. The new line is required to accommodate Mat.,on’scapital improvement projects. including the installation of ~antry crane motors. Theline is proposed to go through TMK: 1) 1-5-041: 200por. and i~ shown on the attachedHECO Engineering Drawing No. 2. Rev.0 dated January 31, 2019 and shown cloudedon the attached aerial photo. The easement is proposed to he JO’ ~ ide and 620’ inlength. containing a total of approximately 6.200square feet,

The construction right of entry and easement ~ ill he for the following purposes:

“construction, reconstruction. operation. maintenance, repair and removal ofunderground wire lines, and manholes and such other appliances andequipment as may be necessary for the transmission and distribution ofelectricity and/or communication, including all service lines emanating fromthe main trunk line, to be used for light and power and/or communications andcontrol circuits, including, without limiting the generality of the foregoing.Together w ith. the right from time to time and at all reasonable times to enterupon the eacement area for the ahovemeraioned purpose and. also, the rightof ingress. egress and regress over all State roads leading to the easementarea.”

We are requesting the construction right of entry to commence upon Land Boardapproval and continue until the Grant of Easement has been recorded

Sat~DDI~Matscn12k.V_UGfCROEGDE.ReqItrf~Ldoc~ —

Hawaiian Electric P0 ro.~ 2750 HONOLULU, H~ .pa~.u-oj~

EXHIBIT “B-i”

Mr. Calvert Chun

We sincerely appreciate your consideration in this matter. Should you have anyquestions or require any additional information, please feel free to contact me at543-4735 or e-mail me at wendy.oda~hawaiianelectric.com. Thank you for yourassistance and consideration in this matter.

Sincerely yours,

Wendy E. OdaLand & Rights of Way

Attachments

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Hawaiian Electric po BOX 2750/ HONOLULU, H~ 95840-0001

EXHIBIT “B-i”

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