HomeMy WebLinkAbout1884A RESOLUTION of the City Council of the
City of Kent, Washington, declaring an emergency
and waiving competitive bidding procedures for
repair of the ice plant equipment, including the
compressors and chiller, installed at the ShoWare
Center.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. Findings. The City Council of the City of Kent,
Washington, makes the following findings and declares an emergency
exists that justifies waiving the competitive bidding requirements pursuant
to RCW 39.04.280:
A. The ice plant equipment installed at the ShoWare Center
involves a complicated system of oil and ammonia compressors and pumps
that work together to cool a salt water brine that maintains the
temperature of the ice floor needed by the Thunderbirds Hockey Team
1 Emergency Resolution
ShoWare Center Ice Plant Equipment
during its training and competitive season. Each year, hockey season
begins in August with the Thunderbirds training camp. Regular season
play usually ends the following March. During the 2013-2014 season,
however, the Thunderbirds were in the playoffs chasing the championship.
As such, playoff action did not end for the Thunderbirds until April 9, 2014.
B. For some time, the ShoWare Center has been experiencing
various problems with its ice plant equipment that have affected ice
temperature. These problems have been unforeseen by City staff as the
ice plant equipment has only been in operation for approximately five (5)
years, and these problems, including the presence of rust in the chiller
system and sludge and debris in the compressors, are typically seen in
much older systems.
C. When problems occur during the hockey season, diagnostic
and repair efforts are often complicated because the system must continue
to run so that ice may be maintained for the Thunderbirds. Many repairs
cannot be conducted until the system is taken off-line.
D. When the season concluded, the City of Kent brought in
PermaCold Engineering, Inc. to inspect the ice plant equipment, discuss the
problems with staff, review the prior maintenance work that has been
conducted on the ice plant equipment, diagnose the existing problems, and
recommend a course of action to correct the problems. PermaCold
2 Emergency Resolution
ShoWare Center Ice Plant Equipment
provided its preliminary findings to the City on April 21, 2014, though
continued analysis is still underway.
E. All repairs on the ice plant equipment must be completed by
August 1, 2014, so the system can be brought back online and ice made
and ready when the Thunderbirds Hockey School begins August 4, 2014.
The City of Kent is contractually obligated to provide ice for the
Thunderbirds at the start of Hockey School and the following team Training
Camp, and the inability to make and maintain ice at the ShoWare Center
would require alternate ice and facilities to be located for the Thunderbirds,
likely at a substantial cost to the City of Kent. Therefore, the City of Kent
has three (3) months within which to fully repair the ice plant equipment
and bring it back into operation. Based on the preliminary findings of
PermaCold and advice from SMG, the City's operator and manager of the
ShoWare Center, all of this time will be needed to effect repairs, and run
the overhauled and repaired system through testing and trials to ensure it
is operating properly by August 1, 2014.
F. The ice plant equipment is a substantial piece of equipment
that is physically installed at the ShoWare Center and incorporated into this
public facility. As such it is a "public work" as defined in Ch. 39.04 RCW,
and is subject to the competitive bid requirements of RCW 35A.40.210 and
RCW 35.23.352. A call for bids on a public work must be published in the
newspaper and advertised at least 13 days before the bid submittal
3 Emergency Resolution
ShoWare Center Ice Plant Equipment
deadline set by the City. In addition, most newspapers require
approximately two to four additional days' notice prior to the publication
date. In addition, when a public work is subject to bid, the City of Kent is
required by RCW 39.04.020 to prepare plans, specifications, and a cost
estimate of the work that must be available to those contractors interested
in bidding on the project. The City anticipates that it would take at least
three to four additional weeks for a hired engineer to prepare the
necessary plans, specifications, and cost estimate for the work. These
statutory bid requirements substantially limit the amount of time available
to repair the ice plant equipment.
G. The above-described situation constitutes an emergency that
results from an unforeseen circumstance that was beyond the control of
the City that presents a real, immediate threat to the proper performance
of the City of Kent's contractual obligations to the Thunderbirds Hockey
Team. Therefore, the Kent City Council finds that it is appropriate for the
City of Kent to enter into an emergency public works contract for the repair
of the ice plant equipment at the ShoW are Center.
SECTION 2. Emergency Declared: Comoetitive Bidding
Requirements Waived. Based on the preceding findings, an emergency
exists, and in accordance with RCW 39.04.280, it is appropriate to waive
competitive bidding requirements and to directly contract with a contractor
the City determines is best able to repair the ice plant equipment installed
4 Emergency Resolution
ShoWare Center Ice Plant Equipment
at the ShoWare Center. City staff is directed to employ its best efforts to
obtain the most advantageous pricing for this work, given the existence of
this emergency.
SECTION 3. -Severabilitv. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 4. -Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
_,,;-j,
City of Kent, Washington, this b./ day of May, 2014.
/./1. CONCURRED in by the Mayor of the City of Kent this e:; ~ day of May,
2014.
ATIEST:
5
~?<::pOKE, MAYOR
I I
r ;
\ "'
Emergency Resolution
ShoW are Center Ice Plant Equipment
I hereby certify that this is a true and correct copy of Resolution No.
/ 77·</ passed by the City Council of the City of Kent, Washington, the d/-·~"
day of May, 2014.
P:\Clvii\Reoolotlon\,ShoWareCenter·lcePiantEq~lpm~ntEmergency.doo:
6 Emergency Resolution
ShoWare Center Ice Plant Equipment