PORT OF SEATTLE

MEMORANDUM

COMMISSION AGENDA

Item No.

Date of Meeting

November 3, 2009

DATE: October 7, 2009

TO: Tay Yoshitani, Chief Executive Officer

FROM: Stephanie Jones Stebbins, Senior Manager, Seaport Environmental Programs

Paul Meyer, Environmental Program Supervisor, Seaport Environmental

Programs

SUBJECT: Procurement of multiple Indefinite Delivery, Indefinite Quantity (IDIQ) Seaport

Wide on-call Professional Service Agreements for Environmental Compliance

and Management

REQUESTED ACTION

Authorization for the Chief Executive Officer to execute up to five (5) individual indefinite

delivery, indefinite quantity (IDIQ) on-call environmental consulting services contracts. This

capacity will be used to assist the Seaport Environmental Program to assess, plan, perform and

monitor environmental compliance for Port-owned Seaport and Real Estate operations and

Capital Development construction projects for all environmental media. In addition, the

department requires consulting services capacity to develop and implement environmental

management programs and initiatives. The contracts will cover work on properties the Port

currently owns, uses, owned or used in the past, or that could be acquired or used in the future.

The total amount of the contracts will not to exceed $3,750,000 and each individual contract will

not exceed $750,000.

SYNOPSIS

Seaport Environmental Program provides and manages environmental compliance and response

for regulated hazardous materials, underground storage tanks, surface and subsurface spills, and

stormwater construction. Regulatory compliance is managed for ongoing operations as well as

construction projects for the Seaport, Real Estate and Capital Development divisions. The

Seaport Environmental Program also develops and implements a coherent and detailed

environmental management program designed to help Port–run operations and Port tenants

maintain and track compliance with environmental regulations and reduce overall environmental

impacts from operations.

On June 8, 2004, the Commission authorized the CEO to enter a series of professional open

order service agreements totaling $4,250,000 for environmental sampling services to support

Seaport division projects. On December 13, 2004, contracts were awarded under request for

qualifications (RFQ) ID 040019 to ten (10) qualifying firms. To date $3,656,226.21 has been

committed.

The open order authorization approved in 2004 supported a variety of environmental compliance

and construction field support services throughout the marine division. This has allowed Seaport

Environmental to provide support to all Port of Seattle business divisions in an efficient and

COMMISSION AGENDA

Tay Yoshitani, Chief Executive Officer

October 7, 2009

Page 2 of 3

timely manner. Existing open-order environmental services agreements are due to expire on

December 31, 2009. In order for the Seaport Environmental Program to continue to provide these

services, new contracts with environmental technical and consultant services providers are

needed.

The Port anticipates awarding up to five (5) indefinite delivery, indefinite quantity (IDIQ) type,

combined personal and professional service contracts(s) totaling $3,750,000 over a duration of

three (3) years. The value of each IDIQ contract for services will vary but will not exceed

$750,000 for any of the contracts. No minimum amount of services or compensation will be

guaranteed. Delivery or performance will be required only as authorized by Service Directives

issued by the Port. The Port may award fewer than five (5) contracts depending on qualifications

and availability of team(s)/firm(s) who respond to the solicitation.

This request is only for contracting authority; the Commission under the regular environmental

reserves authorization process or through project specific authorizations will authorize funding.

Seaport Environmental reviewed the contract scope of work with the Office of Social

Responsibility (OSR) to identify small business subcontracting availability for these contracts.

Small business subcontracting goals were established and will be stated in the RFQ.

SCOPE OF WORK

The Port’s Seaport includes numerous operating facilities and tenant properties. Some Port

properties have long histories of industrial use by facilities and operations known to have

potential to require environmental compliance and management needs. Any construction at these

sites, even small projects, have the potential to discover contaminated soil or water that requires

field profiling, assessment of contamination, appropriate disposal decisions and tracking to

comply with state and federal regulations. Contaminated materials are also generated by ongoing

operations which must be managed according to similar regulations. Environmental management

plans required by regulation to address environmental contamination, emergency response and

impact mitigation require constant updating and tracking for effective compliance. The Port

requires on-call environmental consulting services capacity to assist the Seaport Environmental

Program to monitor and manage regulated media and to comply with state, federal and local

programs that regulate environmental response. The requested services and activities include, but

are not limited to:

 Hazardous materials management and compliance support

 On-call construction (and CIP) support and fieldwork services for construction and

temporary erosion and sediment control (TESC) support

 On-call spill and incident response support

 Underground storage tank management support

 Environmental compliance auditing support

 Environmental compliance tracking system support

 Environmental management and compliance management planning support

This IDIQ contract will provide the Seaport Environmental Program with additional resources

and flexibility to respond to unanticipated contamination incidents, meet time sensitive reporting

requirements, address construction-related monitoring obligations and to identify and manage

COMMISSION AGENDA

Tay Yoshitani, Chief Executive Officer

October 7, 2009

Page 3 of 3

ongoing regulatory program requirements at Seaport, Real Estate and construction sites. Issuing

individual Service Directives on an as-needed basis, within a general pre-defined Scope of Work

for a fixed period-of-time and a maximum contract amount, will enable the Port to accomplish

these tasks. Competitively bid IDIQ contracts are a widely used public sector contracting tool,

consistent with the Resolution 3605 and governed by the CPO-1 policy.

ALTERNATIVES CONSIDERED/RECCOMENDED ACTION

1. Undertake procurement of up to five (5) Category III contracts for long-term commitment

consultant services. The process required to procure a Category III contract ensures a

competitive process, encourages small business participation, and provides staff with the

tools needed to respond in a timely manner to request for service. This is the

recommended alternative.

2. Prepare a separate procurement each time when on-call environmental consulting services

are needed. This option would not be the most efficient use of Port resources, as it would

result in multiple low-dollar contracts for similar services. In addition, we would not be

able to respond in a timely way when services are needed quickly. This is not the

recommended alternative.

3. Conduct the activities described above using Port resources, without outside consultant

assistance. There are insufficient staff resources and expertise to conduct these

environmental management tasks without consultant support. Relying on in-house staff

would likely result in the work not being conducted according to the schedule required by

the regulatory agency, with a risk of enforcement action. This is not the recommended

alternative.

FINANCIAL IMPLICATIONS

There is no funding request associated with this authorization. The funding will be from a variety

of sources including operating budget, capital budget or Environmental Reserves. Individual

Service Directives will be executed to authorize the consultant to perform any specific work on

the contract against approved project authorizations.

PROJECT SCHEDULE

This authorization will allow the initiation of a Category III procurement process in the fourth

quarter of 2009, so that the contracts will be executed prior to expiration of the existing open

order contracts on December 31, 2009. Individual Service Directives executed under these

approved contracts will specify the specific schedule, scope and budget for the work.