Minutes Exhibit B
Port Commissio
n Regular
Meeting
of June 12. 2018
.1unel2, 2018

Stephanie Bowman
Ryan Calkins
Fred Felleman
Courtney Gregoire. President
Peter Steinbrueck

Dear Seattle Port Commissioners:

The attached letter from 2007, from an engine "   f    e ti
rmi      atg costs to x or replace the
public shing pier. The projected the cost ofmmki was $1.3 million. The Port's
estimate in June 2017, also attached, based
on one potential contractor's estimate, is nearly $4
million. How could the cost increase so exponentially? In my experience, which admittedly is
fairly limited, public agencies sometimes inate the cost of a solution to
a problem when they
don't want to go with that particular solution.  I don't know if that is true in this case, but the
great difference in estimates did make me wonder. In my humble opinion, I think the POS should
have the same engineering rm inspect the pier again and should
get additional bids to repair the
structure, not replace it.

Also attached: 1) Photos of the amenities'on the pier, the shelter, the seating. etc.. that I took a
year ago. on June 10, 2017; 2) The 1979 maintenance agreement for the public shing pier
between the Port of Seattle and the Washington Department of Fish & Wildlife.

I have questions:
(>155
Why is it that the engineer's report indicate that the rs underneath are okay but the POS's
estimate says they have to be replaced? The 2007 engineer's report suggests that the decking is
the problem, not the whole structure.
Who owns the pier? Why was it left this way? Was it left with minimum maintenance since
perhaps as long ago as 1979? Why is it being assumed that private funding is the only option?
Why was the grant tumed down?
I continue to be very concerned that whichever public agency owns the public shing pier is
proceeding with a plan to sell the pier to Expedia. Don't allow this public amenity to pass into
private hands, please.

Respectfully.


Heather McAuliffe
124 Warren Ave N. #304
Seattle. WA 98109

Incorporated
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PND Ni). 05H)37.H
lune '14., 2007

Rod Jackson, Project Manager
Seattle Seaport
l'ort ofSeatrle
2".1 1 Alaskan \Vay
Seattle, \'l'A  98121

Rli:  'l'erminal 86 Site Condition Survey

Dear Ru id:

l'he following letter summarizes
our condition
survey and recommendations as directed by the scope
ofwork presented
in Task 14 of our contract Amendment.  In brief
summary this was to conduct a
site investigation of the Fishing Pier
('l'enninal 86' and update the expected
repair cost based on the
prevuius work done in 21101. Once completed, provide
assessment of those repairs and
other construction                                                                    compare to
options.

The inspection
was conducted in two phases,
a top side
inspection and then an under Slth inspection.
The under side inspection
was completed mth assistance from I'OS
maintenance and an inspeCtion
boat at low tide.  Both of these
inspections were conducted by me and documented by the Photo
log presented in Appendix A.  In addition to the
stte inspection. PCS provided
a cop} of the
prewously prepared contract drawings {'l'his work was not completed by the 1'08.) and the
assoCiatecl cost estimate.  .\ summary otour tii'idings is
as follmvs:
lnsngction

l'oundations  The
concrete piles appear to be in
good shape. Other than
a few rust
of the piles,                                                                               spots at the top
no distress of these members
were observed. The underside visual
conducted at a "1.0 MLIW' tide elevation.                                      inspection was
No driver
was used to look at mudline conditions.
No
problems are anticipated

Pile Caps   l'ile caps are also
in good shape. .\ few areas show rebar cormsion. No
major spalling is
antictpated.  \[iiior chippingr and repair is
expected to be sufcient to inhibit further deterioration.
l're stressed ( oncrtte Deck
Extensive rebar
espmure was obsen ed. 'lhis is most likeli caused bi
salt water
9pm} from high tide conditions and wetting of the lower
areas of the pie-stressed double
tee members  l'verv span showed this Condition.

l'op Deck \menities -  \ltliough showmg
signs ofexpijvsure to the salt water t'nvirt'irirneni. these
elements can be repaired mthout total
replacement  See photo I.
:J,




"' l'il'l' .\\'l'\-l
l"  >1 I'll 5'0   bl  \l'll l \\
.   illlf'xtil'tm 93M"   Phone 2 6.634.!38" ~  lax 200(124 H98
u

82 19'  41" west along said outer harbor
line
a distance of 272.08 feet;  thence north 0
08' 22" west a distance of 302.81 feet to the
inner harbor line;  thence south 82 19' 41"
east along said inner harbor line
a distance
of 369.38 feet to angle point 13'; thence
south 61 07'  28" east continuing along said
inner harbor line a distance of 500.00 feet;
thence south 48 49' 37" west a distance of
319.15 feet to the outer harbor line;  thence
north 61 07' 28" west along said outer harbor
line a distance of 334.94 feet to the true
point of beginning.

Containing 221,460 square feet (5.084 AC.)

3.1.2.   Make available for use in connection

with the facility certain upland real
property
which is legally described
as follows:

That portion of vacated West
Prospect Street
and Lots 1 and 2, Block 148, all in the Plat
of Seattle Tide Lands as described
as follows:
Beginning at angle point 13' in the inner
harbor line as shown on Page 24, Plat of
Seattle Tide Lands, proceed north 82 19' 41"
west along said inner harbor line
a distance
of 60.55 feet to the true point of beginning;
thence continuing north 82 19'
41" west a
distance of 89.00 feet;   thence north 7 40'  19"
east a distance of 79.19 feet;  thence south
80 43'  45" east a distance of 62.59 feet to
a point tangency;   thence southeasterly along
the arc of a curve to the right,
having a
radius of 575 feet, a central angle of
2 38'  15", an distance of 26.47 feet;  thence
south 7 40' 19" west a distance of 76.10
feet to the true point of beginning.

Containing 6,932 square feet (0.1591 AC.)

3.1.3.   The harbor area and upland real

property described above shall hereinafter

be referred to as  "the premises."

3.2.   During the Design and Construction Phases of

the project the Port will, by separate contract, provide technical

assistance to Fisheries.

3.3    During the Operation Phase of the Project

the Port shall:

3.3.1.  Provide normal maintenance and

operation of the facility and shall further

maintain all utilities associated therewith.

Normal maintenance and operation shall not

age requirements and/or the necessity for

adult supervision when the Port deems it

advisable in order to protect the safety and

health of persons.

3.3.6.   If necessary,  impose and collect

use fees for entry to the  fishing pier
providing that the revenues in excess of
collection costs shall be applied toward the

cost of operating and maintaining the

facility, and provided further, that Fisheries
shall have the right to require and receive

accounting reports on such fees and the use

thereof.   No such fees shall be imposed

without prior approval of the Director of

Fisheries, provided, however, that such

approval shall be deemed given unless
rejected within thirty days from Fisheries
receipt of  Port's notice.
3.3.7.   Arrange by lease, concession, or

other arrangement for the sale of tackle,

bait and other goods or services determined

by the Port to be necessary for convenient

and successful use of the  facility.   The

Port shall apply any and all proceeds from

any such lease, concession or other arrangement

toward the cost of facility operation and

maintenance.  The Port shall also have the

right to sublease the service building

to a third party on terms deemed appropriate

by the Port.

3.3.8.  Attempt to find additional, suitable

parking to be agreed upon by the parties if
the parking currently available for the


DOHERTY/Blo/ZA/OIA

the premises subject to paragraph 4.4 of the Port's harbor area

lease with the Department of Natural Resources for a portion of

the premises.

7.    Assignment and Transfer:   This agreement  is  not

transferable or assignable, in whole or in part, without the

prior approval of the Port and Fisheries, and without the additional

prior approval of the State of Washington, Department of Natural
Resources.

8.    Interpretation:   This agreement shall  be  interpreted

by the laws of the State of Washington.

9.    Litigation:

9.1.   Any and all suits which either party shall

institute for enforcement of this agreement in any respect shall

be instituted  in the Superior Court for the County of King, State

of Washington.   Both parties hereby consent and
agree to the
jurisdiction of said Court.

9.2.   In any action brought in said Court by

parties to this agreement, the rights and remedies of each party

may be enforced consecutively or concurrently and the adoption of

one or more rights or remedies shall not operate to prevent

either party from exercising
any other or further remedy given to

any such party under this agreement.

10.    Waiver:   No waiver of any breach of this contract

by either parties shall be held to be a waiver of any other or

subsequent breach by either party.

11.    INDEMNIFICATION

11.1.   Fisheries agrees to indemnify, defend and

to hold and save the Port harmless from all liability and expense

for any injury (including death)  to persons or for damage to

property,  (including damage to the facility under construction)

regardless of how such injury or damage be caused, sustained or

alleged to be sustained, as a result of any condition, existing

or future, or occurrences arising out of the activities performed

during the Design and Construction Phases of the Project and
'_9_
DOHERTY/BlO/ZA/O6

13.    Discrimination:   Fisheries and  the  Port agree  that:

13.1.   They will not discriminate by segregation

or otherwise against any person or
persons because of race, sex,

age, residence, creed, color or national origin in furnishing, or
by refusing to furnish, to such person, or
persons, the use of

the facility herein provided, including any and all services,

privileges, accommodations, and activities provided thereby.

13.1.1.   It is agreed that either party's

noncompliance with the provisions of Section

13.1. shall constitute
a material breach of

this agreement.   In the event of such

noncompliance, the other party may take

appropriate action to enforce compliance,

may terminate this agreement, or may pursue

such other remedies as may be provided by

law.

13.2  That in all matters pertaining to the per

formance of this agreement, they shall at all times conduct their

business in a manner which assures fair, equal, and nondiscriminatory

treatment of all persons without respect to race, sex, age,

residence, color, creed or national origin and, in particular:

13.2.1.  The parties will maintain open

hiring and employment practices and will
welcome applications for employment in all

positions from qualified individuals who are

members of racial or other minorities, and

13.2.2. The parties will comply strictly

with all  requirement of applicable  federal

state, and local laws or regulations issued

pursuant thereto relating to the establishment

of nondiscriminatory requirement in hiring

and  employment practices and assuring the


-11-
doherty/BlO/ZA/OB

Pursuant to the Interlocal Cooperation Act,
upon signing, this

agreement shall be filed with the City Clerks of Olympia and

Seattle,  the County Auditors of Thurston County and King
County,
and the Secretary of State.  Pursuant to the Interlocal Cooperation

Act,  signature hereto by the Director of Fisheries and the

Executive DireeE3"*%WE*33%"%"2@%?%&3311*eonstitute

appropriate action for purposes of this Agreement.

IN WITNESS WHEREOF this Agreement is hereby executed

the day and year first written above.




STATE    WASHINGTON




NOTARY





APPROVED AS TO LEGAL FORM:
'
/2    
MW (/Ljajm
TITLE:__Ast. Attorney General
DATE:  2214?   '7), {777





Courtney Gregoire
President
Seattle Port Commission

Hi Courtney,

I hope this letter nds
you well.

In the past year, my life,
as well as the lives of thousands of others in the
community, has been
drastically altered by the closure of Pier 86. Many think of this pier
as simply a shing spot, but
let me tell you what I used to
see there.

Children learning how to sh and engaging with their
parents/friends/loved ones away
from computer screens
Elderly veterans shing because this is one of the only local
spots they can access the
water
- Couples on dates sharing dinner and having
a place to sit and
engage with others in their
community
Substance shermen and
women collecting food for their families, as well
as sport
shermen like myself '
- Community engagement  I met one of my best friends here when
I rst moved to Seattle
from Whidbey Island
- Much, much more

Please, let it be known that the closure of this Pier really impacted the
community, and is
something spoken of on the streets, in the city market, at work. Please
contact me if you would
like more input on why the pier needs to be
reopened, I am more than happy to speak in person.

Very best,
Max Wojcik
802.989.6378 '