Template revised January 10, 2019.
COMMISSION
AGENDA MEMORANDUM
Item No.
8d
ACTION ITEM
Date of Meeting
April 11, 2023
DATE: March 29, 2023
TO: Stephen P. Metruck, Executive Director
FROM: Dave Soike, Deputy Executive Director
Jermaine Murray, Director, Port Construction Services
SUBJECT: IDIQ Contracts for Regulated Materials Management Services
Amount of this request:
$0
Total requested project cost:
$3,000,000
ACTION REQUESTED
Request Commission authorization for the Executive Director to execute up to two (2) indefinite
delivery, indefinite quantity (IDIQ) contracts for regulated materials management services to
support project, operational and safety needs of all Port divisions and the Northwest Seaport
Alliance, for a total amount not-to-exceed $3,000,000. There is no budget request associated
with this authorization. Each contract will have an ordering period of five years.
EXECUTIVE SUMMARY
This memorandum requests authorization to execute contracts with consulting firms to provide
the Port with regulated materials management (RMM) support at Port of Seattle and Northwest
Seaport Alliance facilities. It is necessary to arrange for new publicly competed contracts because
existing contracts are expiring. Regulated materials (e.g., asbestos, lead and other heavy metals,
PCBs, refrigerants) are managed by the Port RMM Program. The program also provides industrial
hygiene services (e.g., indoor air quality, mold assessment and abatement, water intrusion
assessment, employee exposure assessment, COVID Safety Plan review).
The primary concerns of the RMM Program are:
(1) The health and safety of the public and Port employees, tenants and contractors;
(2) Regulatory compliance during routine Port operations; and
(3) Regulatory compliance during construction or maintenance projects.
The Port RMM Program is implemented by a team of qualified Port staff in Port Construction
Services (PCS) and Marine Maintenance. In order to achieve regulatory compliance and a safe
working environment, the RMM Program also requires a variety of RMM consulting services.
COMMISSION AGENDA – Action Item No. 8d Page 2 of 5
Meeting Date: April 11, 2023
Template revised June 27, 2019 (Diversity in Contracting).
These services include:
(1) Regulated materials program management;
(2) Regulated materials surveys or “good faith” inspections;
(3) Regulated materials abatement design services;
(4) Regulated materials project and abatement monitoring services; and
(5) Industrial hygiene services.
Charges to the proposed RMM Support Services contracts will be funded by projects that have
previously been authorized by the Commission under separate requests. Consequently, there is
no budget or funding request associated with this authorization.
JUSTIFICATION
Regulated materials (asbestos, lead and other heavy metals, PCBs, refrigerants) and industrial
hygiene issues (mold, indoor air quality, employee exposure) must be managed by building
owners in accordance with a complex and comprehensive set of federal, state and local
regulations. Port Construction Services (PCS) manages the Port’s Regulated Materials
Management (RMM) Program using a combination of Port staff from PCS and Marine
Maintenance, and specialized consultants who are well versed in regulatory issues and industry
standards for RMM and industrial hygiene.
Prior to any construction, demolition, renovation or maintenance project, the Port is required to
perform a “good faith” inspection to determine if asbestos or other regulated materials will be
disturbed by the work. Hazards in the work area must then be communicated to individuals with
the potential for exposure in the form of reports and awareness training. During projects that
disturb regulated materials, continuous third-party monitoring is necessary to maintain
regulatory compliance and a safe environment for staff, tenants, contractors and the public.
The scope of services in these contracts will allow the Port of Seattle and Northwest Seaport
Alliance to achieve our safety objectives and ensure regulatory compliance.
These contracts will also contribute to the Century Agenda, Strategy 6: Be a highly effective public
agency. As stated in Strategy 6, the Port is dedicated to employee safety. The primary objective
of the services provided by these contracts is employee, tenant, and public safety. A safe working
environment will also allow the Port to set the standard for high-quality, cost-effective, and
timely delivery of capital programs.
Diversity in Contracting
These contracts will contribute to the Port’s goal of increasing the participation of women and
minority business enterprises (WMBE) in our contracting for public works, consulting services,
supplies, material, equipment, and other services. The Diversity in Contracting Department has
set an aspirational goal of 12% WMBE participation for each of these contracts.
COMMISSION AGENDA – Action Item No. 8d Page 3 of 5
Meeting Date: April 11, 2023
Template revised June 27, 2019 (Diversity in Contracting).
DETAILS
The Port RMM Program is implemented by a team of qualified Port staff in PCS and Marine
Maintenance. In order to achieve regulatory compliance and a safe working environment, the
RMM Program also requires a variety of RMM consulting services.
Indefinite delivery, indefinite quantity (IDIQ) contracts provide the Port with the flexibility to
meet RMM and industrial hygiene needs as they arise. Individual service directives are issued to
accomplish specific RMM tasks, on an as-needed or on-call basis, for a defined period, up to a
defined dollar amount.
Scope of Work
The intent of these IDIQ contracts will be to provide comprehensive RMM support services for
all Port of Seattle and Northwest Seaport Alliance facilities. RMM support services will include,
but will not be limited to:
(1) Regulated materials surveys (good faith inspections);
(2) Regulated materials design services;
(3) Abatement cost estimating;
(4) Abatement project monitoring and project oversight inspection services;
(5) Contractor quality control monitoring and inspections;
(6) Construction management support services;
(7) Support and coordination of RMM work for Operations and Maintenance (O&M)
activities and capital projects;
(8) Construction Safety Plan reviews and site safety inspections for construction projects;
(9) Safety training, including asbestos, lead and silica awareness;
(10) Industrial hygiene – indoor air quality assessment;
(11) Industrial hygiene – mold assessment and abatement and
(12) Industrial hygiene – employee exposure assessment.
Schedule
We anticipate executing contracts in Quarter 3 of 2023. Each contract will have an ordering
period of five years, ending in Quarter 3 of 2028. During that time, the Port may authorize work
through service directives if there is sufficient capacity remaining on the contract at the time of
service directive execution to complete all of the work. Work on service directives executed
within the ordering period may be completed after expiration of the ordering period.
Activity
Commission authorization
2023 Quarter 2
Procurement complete
2023 Quarter 3
Contract ordering period start
2023 Quarter 3
Contract ordering period end
2028 Quarter 3
COMMISSION AGENDA – Action Item No. 8d Page 4 of 5
Meeting Date: April 11, 2023
Template revised June 27, 2019 (Diversity in Contracting).
Cost Breakdown
Charges to these contracts will be funded by projects that have previously been authorized by
the Commission under separate requests. Consequently, there is no budget or funding request
associated with this authorization.
ALTERNATIVES AND IMPLICATIONS CONSIDERED
Alternative 1 – Prepare a separate procurement for each of the above services.
Pros:
(1) Smaller scopes of work reduce contract amounts and the resources needed to procure
each contract.
(2) Higher potential for small business and WMBE participation with smaller scopes of
work.
Cons:
(1) The dollar amount associated with each individual RMM service may not require a
competitive procurement process for each contract.
(2) Scopes of work may be too small and reduce interest from potential bidders.
(3) This option would not be the most efficient use of Port resources, as it would result in
procurement and management of multiple low dollar contracts for related services.
This is not the recommended alternative.
Alternative 2 – Provide the necessary services with Port staff.
Pros:
(1) Around-the-clock coverage for regulated materials and industrial hygiene issues.
(2) Consistent report formats for good faith inspections, abatement closeout reports,
assessment reports, and other air monitoring reports.
Cons:
(1) During project work, the Port often experiences spikes that require around-the-clock
coverage. Providing Port staff to respond to these needs on an on-call basis would
require PCS to hire additional full-time staff for swing and graveyard shifts. Since the
need for these services is intermittent and dependent on project schedules, there
would be periods of time where these individuals would not have work. As full-time
employees, they would be paid a salary regardless. This would not be an efficient use
of the Port’s resources.
(2) Some of the referenced work requires specialized certifications that are not practical
for Port staff to maintain.
(3) Consultants provide a form of “third-party insurance” by verifying regulated materials
controls and abatement work on behalf of the Port. This minimizes the Port’s risk
associated with RMM work. Providing Port staff to perform verification would eliminate
the benefits of third-party verification.
This is not the recommended alternative.
COMMISSION AGENDA – Action Item No. 8d Page 5 of 5
Meeting Date: April 11, 2023
Template revised June 27, 2019 (Diversity in Contracting).
Alternative 3 – Prepare one Category III Procurement that includes all the above services in the
scope of work, and issues two indefinite delivery, indefinite quantity (IDIQ) contracts.
Pros:
(1) This alternative ensures a competitive process.
(2) This alternative provides Port staff with the information and tools needed to respond in
a timely manner for requested services.
(3) This alternative provides the resources to cover multiple projects simultaneously.
(4) This alternative allows for intermittent coverage as dictated by project needs.
Cons:
(1) Lower potential for small business and WMBE participation; however, participation by
subcontractors (e.g., laboratories, industrial hygiene services) that are small businesses
or WMBE firms is likely.
This is the recommended alternative.
FINANCIAL IMPLICATIONS
Charges to these contracts will be funded by projects that have previously been authorized by
the Commission under separate requests. Consequently, there is no budget or funding request
associated with this authorization.
ADDITIONAL BACKGROUND
In 2020, the Port issued a contract for industrial hygiene services (amount: $100,000). That
contract expired in August 2022. In 2021, the Port issued two contracts (amounts: $500,000 each)
for RMM services. These contracts will expire on February 26, 2024. However, contract capacity
is forecasted to be fully expended in September 2023.
ATTACHMENTS TO THIS REQUEST
None
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
None
