PORT OF SEATTLE
MEMORANDUM
COMMISSION AGENDA
Item No.
5d
Date of Meeting
April 14, 2009
DATE: March 18, 2009
TO: Tay Yoshitani, Chief Executive Officer
FROM: Stephanie Jones Stebbins, Senior Manager, Seaport Environmental Programs
Kathy Bahnick, Senior Program Manager, Seaport Environmental Programs
SUBJECT: Authorization to transfer $750,000 from Aviation to Seaport Remediation Open
Order Authorization
ACTION Request for authorization for the Chief Executive Officer to transfer $750,000
REQUESTED: from Aviation to Seaport Remediation open order authorization
SYNOPSIS
In 2004, Seaport Environmental Programs and Aviation Environmental Programs conducted
Category C procurement (RFQ 040017) for a broad array of on-call environmental consulting
services. Contracts were established with a roster of selected consultants. The total value of the
contracts was $11,750,000; $7,500,000 was allocated to the Seaport and $4,250,000 to Aviation.
As of March 1, 2009, Aviation Environmental Programs estimates that it will not spend
$750,000 of its allotment. Seaport Environmental Programs, on the other hand, is in need of
additional contracting authority to continue required work under agreed orders that have been
contracted.
Seaport Environmental Programs requests authorization to transfer $750,000 of the original
authorization from Aviation to Seaport. The requested transfer will not modify the original
authorized amount, but will only increase the Seaport Environmental Programs allocation to
$8,250,000 and reduce the Aviation Environmental Programs allocation to $3,500,000.
BACKGROUND
In June 2004, Commission approved the advertisement and award of a series of outside
Professional Service agreements (PSAs) for consulting services for environmental investigation
and remediation open order contracts. This authorization was for PSAs in support of both
Aviation and Corporate Divisions for a total aggregate amount of $11,750,000 through the end of
calendar year 2009. At that time, Seaport Environmental Programs was under Corporate as part
of the Health, Environmental and Risk Management group. The estimated split of costs between
Corporate and Aviation was $7,500,000 and $4,250,000 respectively. The Corporate
COMMISSION AGENDA
T. Yoshitani, Chief Executive Officer
March 18, 2009
Page 2 of 3
Environmental Group entered into 14 agreements under this procurement. The agreements
ranged from full service contracts to small specialty contracts. Of the 14 consultants selected,
seven were small businesses. The amount currently contracted for this work under the existing
Seaport Environmental Programs open order contracts is $7,490,761 and Aviation
Environmental Programs has a current contract value of $3,300,900. In order to complete
ongoing work being performed under the existing Seaport contracts, we would like to transfer
$750,000 from the Aviation authorization to Seaport. Under currently known conditions and
current cost estimates, Aviation does not anticipate spending this part of the original allocated
authorized amount.
PROJECT DESCRIPTION/SCOPE OF WORK
A large portion of the work being performed under these contracts are for work being conducted
under Agreed Orders for T117, T30 and T91; source control work for the Lower Duwamish
Waterway superfund site and long term operation and maintenance requirements that resulted
from past cleanup work This authorization supports continuing the work that is required
through 2009. Comments by regulators may cause schedules to slide for work on T91, T30 and
T117, beyond 2009. New discoveries at a number of these sites have resulted in additional
investigation under the Orders and additional time to complete the required cleanup reports. The
discovery of dioxin in the streets in the vicinity of T117 resulted in dioxin sampling being
needed throughout the site which has delayed regulator comments on the draft Engineering
Evaluation/Cost Analysis that was submitted in July 2009. Higher than expected polychlorinated
biphenyl resulted in an additional round of sampling at T91 before the draft Feasibility study
could be completed and submitted to the Department of Ecology for their review in February
2009. An additional use of this procurement if additional dollars are available may be for initial
investigation for T115N to determine whether the site warrants entering into an Agreed Order in
the future. Authorization to begin the investigation will be discussed in a separate Commission
action.
ALTERNATIVES CONSIDERED/RECOMMENDED ACTION
1. Do nothing - Do not approve transfer of the procurement dollars from Aviation
Environmental Programs to Seaport Environmental Programs. This would result in not
meeting our environmental cleanup obligations under various agreements since in all
likelihood, replacement contracts will not be executed for 6 to 9 months. This is not the
recommended alternative.
2. Transfer the procurement dollars form Aviation Environmental Programs to Seaport
Environmental Programs. This will allow the consultant currently working on the various
projects to continue the work they have been identified to perform. If warranted extend the
COMMISSION AGENDA
T. Yoshitani, Chief Executive Officer
March 18, 2009
Page 3 of 3
end date to cover the gap in service until the new procurements are in place. This is the
recommended alternative.
FINANCIAL IMPLICATIONS
Cost Estimate
The estimated cost for services for most of the work under these contracts is budgeted under the
environmental reserve which is funded by the tax levy. A small percentage is budgeted under
approved operating budgets and capital projects.
PROJECT SCHEDULE
This request is to increase the contracting dollars authorized for this series of contracts in order
to continue to perform the work scheduled this year under these contracts.
PREVIOUS COMMISSION ACTION
On June 22, 2004, the Port Commission approved authorization for the Chief Executive Officer;
Manager of Health, Environmental and Risk Services; Deputy Managing Director, Aviation
Facilities Environmental Program; and Manager Aviation Environmental Programs; to advertise
and award a series of outside Professional Service Agreements and amendments, for the purpose
of: 1) supporting and conducting the design, preparation, and dissemination of environmental
review documents required under the State Environmental Policy Act (SEPA) and National
Environmental Policy Act (NEPA); assisting the Port’s efforts to obtain and maintain necessary
permits and compliance with appropriate federal , state, and local government agencies through
the end of the calendar year of 2009 not to exceed a total aggregate amount of $3,000,000; and ,
2) Environmental investigation and remediation services support through the end of the calendar
year of 2009 for required environmental programs and projects not to exceed a total aggregate
amount of $11,750,000, for a total not to exceed amount of $14,750,000.
