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Portland is a Sanctuary City

190901

Label: Emergency ordinance

*Authorize contract with Total Mechanical, Inc. for construction of Water Pollution Control Laboratory cooling system replacement for an estimated cost of $4,300,000

Passed

The City of Portland ordains:

Section 1. The Council finds:

  1. The Bureau of Environmental Services (BES) needs to replace the failing cooling system at the Water Pollution Control Laboratory (WPCL). The air handlers and condensing unit equipment have aged beyond their service life and must be replaced to ensure continued operation of the laboratory.
  2. While extensive repairs have been made the system can no longer reliably maintain building temperatures and is unlikely to withstand another summer, particularly if the region continues to experience record high temperatures like those experienced in 2021.
  3. The replacement will be a more efficient and environmentally sustainable chilled water system that provides a lower total cost of ownership, lasts longer than the current system technology, and reduces dependence on refrigerants that are being phased out under the Montreal Protocol.
  4. The laboratory runs 24 hours a day 7 days a week. Continuous operation is essential to delivering the levels of service required by BES as a public utility dedicated to the environment and public health and safety. Interruptions in operation will impede wastewater treatment, jeopardize regulatory compliance, and adversely affect non-BES entities who rely upon dependable and uninterrupted WPCL services.
  5. Due to supply chain issues the key cooling system components are back ordered with a two-month lead time. A contractor must order the equipment as quickly as possible to complete the work.
  6. The Bureau of Environmental Services requires an emergency procurement contract in accordance with PCC 5.34.110, and as authorized by ORS Chapter 279C, that provides for construction contract awards without the use of competitive sealed bidding. 
  7. Emergency conditions have been declared by the Commissioner-in-Charge pursuant to Title 5 of the City Code and Charter authorizing the City to enter into an emergency procurement contract to perform this work.  
  8. The Bureau of Environmental Services has prepared plans and specifications for the new cooling system and selected Total Mechanical, Inc through emergency procurement procedures to perform this work and rapidly respond to emergency conditions. 
  9. The established cost is $4,300,000. The Confidence Leve Rating Index for the contract is "optimal". Funds are available in the Sewer System Operating Fund FY 2021-22 budget, Bureau of Environmental Services, WBS Element E11346.

NOW, THEREFORE, the Council directs:

  1. The Chief Procurement Officer is authorized to negotiate and execute on behalf of the City an emergency procurement contract with Total Mechanical, Inc. for the purposes described in Section 1, provided the contract has been approved as to form by the City Attorney’s Office.
  2. The Mayor and City Auditor are hereby authorized to pay for the contract from the Sewer System Operating Fund Budget when demand is presented and approved by the proper authority.

Section 2.   The Council declares that an emergency exists because an emergency has been declared and the Water Pollution Control Laboratory cooling system must be replaced as soon as possible; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.


An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Mary Hull Caballero

Impact Statement

Purpose of proposed legislation and background information

The Water Pollution Control Laboratory (WPCL), located at 6543 N Burlington Ave, is an essential city facility and the largest full-service municipal environmental lab in Oregon.  The WPCL is a critical component of public health for the region and generates roughly 60,000 analyses per year, in support of not only BES requirements, but of other City bureaus, such as Parks, Water, and Transportation, and regional partners.  Built in 1997, the existing original Heating, Ventilation and Air Conditioning (HVAC) has reached the end of life and is beyond repair. In addition to providing climate control for the laboratory and office spaces the HVAC system runs exhaust to the fume hoods in the laboratory and is an essential component to lab ventilation and managing pollutants, bacteria, and odor in the building. In addition, proper temperature variability of the building is critical for running samples.  In summer 2021 the system had difficulty keeping up with temperatures, particularly the heat brought on by record heat waves. Extensive repairs were made but at this point the unit is leaking refrigerant, the leaks can no longer be patched, and the refrigerant is no longer commercially available. The system can no longer reliably maintain building temperatures and is unlikely to withstand another summer, especially if the region continues to experience record high temperatures.

The current system will be replaced with a more efficient and environmentally sustainable chilled water system that provides a lower total cost of ownership, lasts longer than the current technology, and reduces dependence on refrigerants that are being phased out under the Montreal Protocol.

Due to supply chain issues the key cooling system components are back ordered with a two-month lead time. It is critical we hire a contractor as quickly as possible to order the equipment and schedule the work. After vetting several contractors, it was determined that Total Mechanical, Inc should be utilized to perform the work. Total Mechanical, Inc has the necessary experience, capacity, and ability to mobilize immediately and begin the work.

Financial and budgetary impacts

  • The action will not create immediate or long term financial or budgetary impacts.
  • Long-term the new cooling system will require less staff time and budget for maintenance.

Community impacts and community involvement

Continuous operation of the lab is essential to delivering the levels of service required by BES as a public utility dedicated to the environment and public health and safety. Interruptions in operation would cripple BES’ ability to operate its wastewater treatment processes, jeopardize regulatory compliance, and adversely affect the non-BES entities who rely upon dependable and uninterrupted WPCL services. Because the work does not directly impact the community and involved replacement of mechanical equipment, public input did not shape the bureau’s recommended action.

  • The legislation directly impacts the health and safety of city employees working at the Water Pollution Control Lab. Employees will directly benefit by receiving a cooling and ventilation system that provides a healthy and safe environment to complete their work.
  • The legislation impacts the WPCL facility in the St. Johns neighborhood of Portland.
  • Businesses; institutions; interest-based organizations are not directly impacted by the legislation.
  • City livability benefits from this legislation because it allows employees to process the samples needed to effectively operate the Columbia Blvd Wastewater Treatment Plant.
  • There are no significant objections/concerns with the legislation.

100% renewable goal

The proposed legislation will allow the WPCL to convert to a water-chilled cooling system, reducing dependence on refrigerant based coolants, which are currently being phased out due to their impact on global warming. A Technical Analysis Study of the WPCL cooling system completed by Energy Trust Oregon (ETO) estimates that converting to a water chilled system will save the City 380,221 kWh of electricity and 28,655 therms of gas annually, providing an annual energy cost savings of $56,540 and non-energy benefits (i.e. avoided maintenance, reduced water costs) of $120,000, and making the City eligible for a $169,614 ETO incentive.

Financial and budget analysis

Analysis provided by City Budget Office

The established cost is $4,300,000.  Funds are available in BES’s FY 2021-22 and FY 2022-23 budgets in the Sewer System Operating Fund. The project is funded by bond proceeds repaid by sanitary sewer and stormwater rates. 

Document history

Agenda Council action
Consent agenda
City Council
Passed

Votes
  • Aye (4):
    • Ryan
    • Mingus Mapps
    • Carmen Rubio
    • Ted Wheeler
  • Absent (1):
    • Jo Ann Hardesty

City department

Contact

Agenda type

Consent

Date and time information

Meeting date
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