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The Honolulu Advertiser
Posted on: Monday, March 19, 2007

Courthouse needs $25M more

By Ken Kobayashi
Advertiser Courts Writer

Higher-than-expected construction bids will doom the state judiciary's proposal for a Family Court courthouse and juvenile detention center in Kapolei unless the Legislature approves about $25 million more for the project this session, court officials say.

Judiciary officials were hoping that the bids to construct the four-story courthouse and 66-bed juvenile detention facility would be covered by about $92 million from the $95 million approved by state lawmakers two years ago. The rest of the money is for design and other costs.

But when three bids were opened March 1, one was deemed to be not responsive to the construction request, and the other two came at about $110 million. Because the state requires funding at 5 percent above the bid amount to cover unexpected increases, the judiciary would need about $25 million more, officials say.

The additional money is critical because the judiciary must enter construction contracts before June 30, a condition the judiciary must meet or lose the 11 acres donated by James Campbell Co., successor to Campbell Estate.

Without the additional money or land from Campbell, "that will be the end of the project," said Rick Keller, judiciary administrative director.

Some state lawmakers have expressed frustration over repeated requests for more money and now find themselves in what state House Finance Committee chairman Marcus Oshiro called "a rock and a hard place" given the June 30 deadline.

Oshiro, D-39th (Wahiawa), said they'll try their best to find the money, but it could mean projects for schools and libraries may not get funded.

His committee did not include the extra money in the judiciary's budget, to send a "strong message" that court officials must justify each dollar in the latest $25 million request, Oshiro said. "We hope this final figure is the final figure."

Shan Tsutsui, D-4th (Kahului), vice chairman of the Senate Ways and Means Committee, said he isn't sure the extra funds are needed and questions why the money requests have changed so many times. The judiciary, he suggests, should consider downsizing the project to stay under the previous appropriation. But Tsutsui said it would be premature to say no extra money will be appropriated.

"We want to fully understand the project before we authorize any more additional resources," he said.

Lawmakers suggest a final decision isn't likely to be made until late in the session.

The new Kapolei complex is one of Chief Justice Ronald Moon's top priorities. The judiciary started planning for the project years ago, selecting the Kapolei site in 1995.

The complex is scheduled to be built on 11 acres from Campbell. The courthouse would have 120,000 square feet of space and 13 courtrooms, including one for Wai'anae District Court. The detention facility would replace the decades-old secured portion of the detention facility at Alder Street.

The two bids under consideration are about $111 million from Dick Pacific Construction Co. and $109 million from Unlimited Construction Services. Nan Inc., doing business as Ocean House Builders, submitted a bid of about $101 million, but the bid did not meet the specifications for the project, Keller said.

In his state-of-the-judiciary address to lawmakers this year, Moon asked for an additional $15.5 million to complete construction of three courtrooms and secured holding cells.

The bidders incorporated those construction costs in their bids. But even if the low bid of $109 million is chosen, lawmakers must come up with another $25 million, or $10 million more than Moon's earlier request.

Keller said there's no clear reason that the estimate falls so short of the actual bids. "This is not a science," he said.

The Kapolei complex is scheduled to open its doors in 2010.

But Keller said without the money and land, the judiciary would have to start anew in looking for a site and would end up paying double or triple the amount because of rising construction costs and purchasing the land. The delay before the facilities could be opened would be years.

Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), was one lawmaker who said she wasn't surprised by the latest judiciary request. "Quite candidly, I have yet to see a courthouse come in as budgeted," she said.

Hanabusa supports the complex for Kapolei and said it makes sense to put it in the so-called second city as O'ahu's population moves in that direction.

She said she hopes the Legislature will come up with the money, but said the decision probably won't be made until House and Senate conference committees meet near the end of the session.

TIMELINE: THE PROPOSED KAPOLEI FAMILY COURT AND JUVENILE DETENTION CENTER

Higher than expected construction bids are the latest snag for the proposed Kapolei Family Court and juvenile detention center. The judiciary must enter construction contracts by June 30, a condition for getting 11 acres for the site for free from James Campbell Co., successor to Campbell Estate. To meet that deadline, judiciary officials say, they need $25 million more for the construction.

2005 — Legislature approves state judiciary request for $95 million for the project.

2006 — Judiciary asks for another $48 million because of higher construction prices and other costs stemming from hurricanes Katrina and Rita. State lawmakers reject the request. As a result, judiciary scales back the project.

January 2007 — Chief Justice Ronald Moon asks Legislature for additional $15.5 million. Although the project is scaled back, the money is needed to finish construction of three courtrooms and secured holding cells. Judiciary officials say the courthouse and detention center would still be built, but the completion of those courtrooms and cells would be delayed without the additional money.

March 1 — Construction bids are opened but are higher than expected. An additional $25 million is needed to cover construction costs, including completion of the three courtrooms and secured holding cells, according to judiciary officials.

June 30 — Construction contracts must be signed.

2010 — Projected opening of the Family Court courthouse and detention center.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.