Template revised January 10, 2019.
COMMISSION
AGENDA MEMORANDUM
Item No.
6d
ACTION ITEM
Date of Meeting
June 9, 2020
DATE: May 6, 2020
TO: Stephen P. Metruck, Executive Director
FROM: Sandra Kilroy, Director Maritime Environment & Sustainability
Kathy Bahnick, Manager, Remediation Programs
Brick Spangler, Sr. Environmental Program Manager
SUBJECT: Consulting Services for Maritime Environmental Long-Term Obligations
Amount of this request:
$10,500,000
Action Requested:
Request authorization for the Executive Director to execute a project-specific agreement for
consultant support for long-term environmental obligation services supporting remediation
activities at Harbor Island (includes Terminals 10 and 18), Terminal 5 (Southwest Harbor
Project), Terminal 30, Terminal 91 and Terminal 117. The agreement amount will be $10.5
million, and the agreement duration will be for 5 years with one (1) five-year option.
Executive Summary:
The Port has entered into various cleanup agreements over the years to facilitate
environmental cleanup and infrastructure development. The work includes long term
monitoring and maintenance obligations to confirm the protectiveness associated with the final
cleanup of these properties.
The Maritime Environment and Sustainability Department generally provides and manages
remediation liability and environmental regulation support services for Maritime, Economic
Development and Capital Development divisions. In particular, the program provides these
services for a number of ongoing federal and state remediation projects at upland, port-owned
properties and adjacent sediments.
Most of the existing environmental services agreements that support remediation activities at
Terminal 30, Terminal 91 Harbor Island (includes Terminals 10 and 18), Terminal 5 (Southwest
Harbor Project), and Terminal 117 are due to expire in 2020 or early 2021. In order for the Port
to continue to provide these services, a new contract with environmental technical and
consultant services providers is needed.
COMMISSION AGENDA – Action Item No. _6d___ Page 2 of 5
Meeting Date: June 9, 2020
Template revised June 27, 2019 (Diversity in Contracting).
No funding is requested. Funding for this work was included in the 2020 – 2024 Environmental
Remediation Liability (ERL) Program approved by Commission.
JUSTIFICATION
The Port’s participation supports the Century Agenda goal of being the greenest port and
reinforces our commitment of being a responsible steward of community resources and the
environment. The formal agreements with state and federal agencies are binding agreements
to perform monitoring, maintenance and reporting work by the port.
Diversity in Contracting
The Port’s Diversity in Contracting Department is recommending a 15% aspirational goal for
women- and minority-owned business enterprises (WMBE) attainment.
DETAILS
The Port has entered in to various environmental cleanup agreements over the years to
facilitate Maritime infrastructure projects. The sites listed below include long term monitoring
and maintenance obligations to confirm the protectiveness associated with the final cleanup of
these properties. Below is a list of sites and their corresponding obligations that will be
supported by the requested contract.
Terminal 5 Ecology State Cleanup Sites – In the past, as part of the Terminal 5 Southwest
Harbor redevelopment, the Port completed remediation at four sites under three Consent
Decrees with Ecology. Current obligations include on-going cap inspection and maintenance of
the cap in the four areas and operation and maintenance of a methane vapor extraction system
associated with the consolidated landfill area.
Terminal 5 Pacific Sound Resources (PSR) EPA Superfund Site – This site was cleaned up under
an Order with EPA as part of the Terminal 5 Southwest Harbor redevelopment project. Ongoing
obligations include continuing to perform required cap inspection and cap maintenance,
product recovery activities and monitoring EPA activities related to the groundwater and the
off-shore sediments.
Harbor Island Superfund Site Soil and Groundwater Operable Unit – Terminal 18 is located
within this Superfund site. Cleanup of this site was performed under a Consent Decree with
EPA. Long-term cap maintenance and inspections have been initiated as required under the
Record of Decision. Groundwater monitoring is also occurring at this site.
Terminal 10 Lockheed – Lockheed previously performed the upland and sediment cleanup
required at the site. The Port’s continuing obligation is to maintain the upland cap and the
habitat restoration area, manage any contaminated soil and groundwater encountered or
removed during redevelopment or maintenance activities, and to protect Lockheed’s
groundwater monitoring wells. Under the Terminal 10 Uplands capital project, storm water
drainage and upland cap improvements were completed in early 2012. Long term stormwater
solids sampling was initiated after the capital project as a condition of EPA approval.
COMMISSION AGENDA – Action Item No. _6d___ Page 3 of 5
Meeting Date: June 9, 2020
Template revised June 27, 2019 (Diversity in Contracting).
Terminal 91 Ecology Cleanup site – This site is regulated under both a dangerous waste permit
and a Model Toxics Control Act Order. Cleanup of the upland portion of the site was completed
in 2015 and long-term operation and maintenance, cover inspection and compliance
monitoring has begun. The Order also requires investigation and cleanup of newly discovered
upland discrete units.
Terminal 117 Sediments, Bank and Uplands – EPA identified the Port’s Terminal 117 in South
Park as an Early Action Area. The T-117 cleanup and now long-term monitoring work is
performed by the Port with a cost sharing agreement with the City. The upland and sediment
cleanup actions along with interim restoration of the site at T-117 were completed in 2016.
Long-term monitoring and maintenance of the site began in 2017/18, which includes annual
upland inspections, biennial sediment sampling, and annual reporting. Inspection of the
adjacent city stormwater system in the neighborhood is performed by the City.
Terminal 30 Cleanup – Terminal 30 supports an active, in-situ groundwater treatment system
consisting of air sparging, soil vapor extraction, free-phase petroleum product recovery, and
treatment of recovered vapors under an Ecology MTCA Consent Decree. The Port completed
construction of the treatment system in 2019 and began operations in September. Long-term
operation, maintenance and monitoring of the treatment system is expected to continue for
several years.
Scope of Work
The purpose of this proposed consulting contract is to provide timely, cost-efficient consulting
services necessary to perform remediation-related activities that are required under existing
agreements with either the state or federal environmental regulatory agency (Washington
State Department of Ecology or United States Environmental Protection Agency, respectively).
The requested services and activities include, but are not limited to:
• cap inspection and repair support
• required documentation and reporting
• regulatory support
• groundwater monitoring (sampling and laboratory analysis)
• landfill gas monitoring (sampling and laboratory analysis)
• recovery, storage, and disposal of waste materials
• design services during construction
• operation, maintenance and monitoring of in-situ groundwater treatment system
• investigation of new discoveries at the sites
Schedule
Work under this service agreement is expected to start prior to the end of the current contract
supporting these sites in December 2020. The initial contract period would be for 5 years with
an additional 5-year option.
COMMISSION AGENDA – Action Item No. _6d___ Page 4 of 5
Meeting Date: June 9, 2020
Template revised June 27, 2019 (Diversity in Contracting).
ALTERNATIVES AND IMPLICATIONS CONSIDERED
Alternative 1 – Do Not Authorize Procurement for Project Specific Consultant Contract
Conduct the activities described above using only Port resources, without outside consultant
assistance. There are insufficient staff resources, equipment and expertise to conduct these
environmental management tasks without consultant and laboratory 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.
Pros:
(1) None.
Cons:
(1) Increased legal and staff time and efforts to respond to an enforcement order from
noncompliance and provide ancillary support to Ecology or EPA to carry out the order
(gain access to the site, etc.).
(2) The ultimate costs of the work will be much higher if Ecology or EPA performs the work
itself.
(3) Not performing this work could tarnish the port’s reputation with Ecology, EPA and the
community as having a commitment to public health and being a steward of community
resources and the environment.
(4) To perform the work inhouse additional equipment and staff would be needed.
This is not the recommended alternative.
Alternative 2 – Authorize the Procurement and Execute a Project Specific Consultant Contract
The process required to procure a professional services agreement ensures a competitive
process, encourages women and minority owned business participation, and provides staff with
the tools needed to comply with the above-mentioned formal agreements.
Pros:
(1) Complies with the order and furthers the port’s collaborative working relationship
with Ecology and EPA.
(2) Continues the long-term protection of human health and the environment at these
sites.
(3) Demonstrates the port’s value of being a responsible steward of community resources
and the environment.
Cons:
(1) Costs of approximately $10.5 million over the next 10 years by the port to comply with
the Ports long term environment obligations.
This is the recommended alternative.
COMMISSION AGENDA – Action Item No. _6d___ Page 5 of 5
Meeting Date: June 9, 2020
Template revised June 27, 2019 (Diversity in Contracting).
FINANCIAL IMPLICATIONS
There is no funding request as part of this authorization. Funding for the associated scope of
work and costs is included in the annual Environmental Remedial Liability (ERL) authorization.
Certain costs may also be eligible for reimbursement under cost sharing agreements.
ATTACHMENTS TO THIS REQUEST
None
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
November 19, 2019 – The Commission authorized spending environmental remediation
liabilities funds for 2020 in the amount of $28,730,000 and a five-year plan of
$123,312,000 for Environmental Remediation Liability Program for 2020-2024 of which
an amount estimated not to exceed $30,000,000 will be obligated during 2020 to be
spent in future years.
November 13, 2018 – The Commission authorized spending environmental remediation
liabilities funds for 2019 in the amount of $17,025,000 and a five-year plan of
$88,800,000 for Environmental Remediation Liability Program for 2019-2023 of which
an amount estimated not to exceed $30,000,000 will be obligated during 2019 to be
spent in future years.
