PORT OF SEATTLE 
MEMORANDUM 

COMMISSION AGENDA            Item No.     5b
Date of Meeting   August 11, 2009
DATE:   July 10, 2009
TO:     Tay Yoshitani, Chief Executive Officer
FROM:   Stephanie Jones Stebbins, Senior Manager, Seaport Environmental Programs
Kathy Bahnick, Environmental Program Supervisor, Seaport Environmental
Programs
SUBJECT: Four Professional Services Contracts that Support Investigations for the Lower
Duwamish Waterway (LDW) and Harbor Island superfund sites.

ACTION REQUESTED: 
This memorandum requests Port Commission approval for the Chief Executive Officer to
execute amendments to the following professional service contracts that support the
investigations at the above mentioned sites. This request is to increase the duration and
maximum dollar amounts of the contracts, in order to continue the ongoing work in support of
the following Superfund investigations: Lower Duwamish (LDW) Remedial Investigation (RI)
and the Feasibility Study (FS); T1171 Engineering Evaluation/Cost Analysis (EE/CA); and the
East Waterway2 (EWW) supplemental Remedial Investigation and Feasibility Study (sRI/FS).
The contracts listed below are all part of this request:
Windward Environmental  LDW RI       P-00305189
AECOM        LDW FS     P-00314929
Anchor Environmental    EWW sRI/FS     P-00313669
Windward Environmental  T117 EE/CA     P-00309966
The amendments are necessary to provide for additional time and money in the contracts needed
to complete the various investigations that the consultants have been hired to perform. The
amendments exceed 50 percent of the accumulative value of the initial contracts, and, in
accordance with RCW 53.19.060, this memo constitutes notification to the Commission.


1 T117 is one of the early action areas for the Lower Duwamish Superfund site.
2 The East Waterway (EWW) is an operable unit of the Harbor Island Sediments Superfund site

COMMISSION AGENDA 
T. Yoshitani, Chief Executive Officer
July 10, 2009
Page 2 of 8

BACKGROUND
For the EWW, LDW and T117 investigations, the Port functions as the contracting agent for a
group of potentially responsible parties (PRPs) ( i.e. governments and private parties that signed
on to the Administrative Orders) under cost sharing agreements that were approved by
Commission. The contracts support the investigative work required under Administrative Orders
(AOCs) that the Port and the other PRPs have signed with the U.S. Environmental Protection
Agency (EPA). The Commission authorized the signature of each of these AOCs via separate
actions.
Each AOC contains a general outline of a scope of work. The scope of work for each contract is
tied to the general scope of work that is required by the AOC. However, most of the specific
defined tasks were identified later, during the stages of workplan development and data gaps
identification, which occurred after the consultant was hired to perform the general scope.
The work on these four contracts is still ongoing, and any proposal to change consultants would
need to be coordinated and jointly approved by our partners, who have approved the use of the
current consultants, and who are also bound by the stringent deadlines imposed in the AOC. 
SYNOPSIS 
These four contracts support Superfund projects managed under the environmental reserve
program. These contracts were entered into before CPO-1 was passed, and for the most part, the
associated Commission memos and Request for Qualifications were silent on the length of time
or dollar amount needed to perform the work. The procurements were structured as requests for
qualifications due to the nature of supporting work on Superfund sites. That is, the consultants
were selected based on their qualifications and experience in this type of work.
Because these complex investigations occur in phases that are sequentially negotiated and
approved by the regulatory agencies, the full cost of any particular stage of work is not known
until the previous stage of the work has been approved. In the past, we have managed this
uncertainty through a two step process: annual Commission review of the project budgets, and
annual Commission authorization to renew the contracts (through the environmental reserve
programmatic authorization process).
To bring these procurements in line with current procedures and avoid the problems associated
with the annual renewal of contracts, Port staff recommends that we manage these contracts in a
new way that is consistent with Resolution No. 3605 and CPO-1. With Commission approval,
these contracts will be amended to reflect the full cost and time needed to complete the entire
scope of work of the investigation, using best current estimates. The work performed through

COMMISSION AGENDA 
T. Yoshitani, Chief Executive Officer
July 10, 2009
Page 3 of 8

these contracts will be managed through individual service directives which will be tied to the
approved budget for individual projects/sites.
Seaport Environmental consulted with CPO to determine whether these contracts could be
extended. After reviewing the procurement files, CPO concurs with this request.
LDW Remedial Investigation, P-00305189 (Windward Environmental)
This contract was procured in 2000. The solicitation document did not specify a dollar value
limitation or time limitation. The scope of work was to provide advice and assistance related to
federal superfund and sediment clean up in the Duwamish Industrial Waterway and Elliot Bay.
The scope also includes work to review and comment on changes to regulations affecting
contaminated sediments, and evaluation of contaminated sediments.
The Port anticipates that the work will be completed by 2012, when EPA issues a Record of
Decision (ROD). The consultant has produced both the draft and draft final Remedial
Investigation (RI). Work remaining is to finalize the RI and to perform any new RI tasks
requested by EPA or Ecology through Record of Decision (ROD) negotiations. The majority of
work on this contract has been completed. We propose to increase the total contract amount by
only 3%, but it is important to have the consultant on-board through the ROD to make any
changes to the RI as required by the agencies.
Accordingly, staff is requesting authorization to extend the current contract until December 2012
and add $0.5 Million to complete the RI.
LDW Feasibility Study, P-00305189 (AECOM)
This contract was procured in 2004. The scope of work included completing the LDW FS, from
developing the work plan to preparing the final FS document. The solicitation document did not
specify a dollar value limitation or time limitation.
The Port authorized work to begin in April of 2004. The Port anticipates that the work will be
completed by 2012 when the ROD for the Lower Duwamish Waterway Superfund site is
reached. The consultant has produced the Draft FS. The remaining work consists of producing
the 2nd and final drafts of the FS, as well as any additional FS tasks required by the agencies
through ROD negotiations.
Accordingly, the Port is requesting authorization to extend the current contract until December
31, 2012 and add $7.019 Million to complete the FS, for a total of $13.5M.

COMMISSION AGENDA 
T. Yoshitani, Chief Executive Officer
July 10, 2009
Page 4 of 8

East Waterway sRI /FS, P-00313669 (Anchor Environmental)
This contract was procured in 2006. The scope of work includes all work to complete the East
Waterway RI/FS, including developing a work plan and completing the sRI/FS and ROD
negotiation. The solicitation document did not specify a dollar value limitation and indicated that
the remedial investigation would be completed in 2009.
This work is ongoing and the consultant is still performing services related to the East Waterway
RI/FS. The scope of work for this project is driven by the EPA and has taken more time and
effort than was originally anticipated. Currently, we anticipate an EPA ROD in 2012.
Accordingly, the Port is requesting authorization to extend the current contract until December
31, 2013 and add $4.3 Million to complete the sRI/FS.
T117, P-00309966 (Windward Environmental)
This contract was procured in 2003. The scope of work was to perform all work necessary in the
draft statement of work for T117, including data gap analysis, biological assessments, draft and
final EE/CA, and design and long-term monitoring for the non-time critical removal action. The
general scope has not changed, but has become better defined through negotiations with the
EPA. The solicitation document did not specify a dollar amount. Regarding timeframe, the
solicitation indicated that the goal was to implement the removal activity beginning in 2004, or
as otherwise approved by the EPA.
The Consultant is still performing services related to the T117 EE/CA, including recent data gap
efforts, draft EE/CA comment and review and final EE/CA production.
Accordingly, the Port is requesting authorization to extend the current contract until December
31, 2011 and add $0.75 M to the contract.

COMMISSION AGENDA 
T. Yoshitani, Chief Executive Officer
July 10, 2009
Page 5 of 8

PROJECT SCOPE OF WORK AND SCHEDULE 
Current Status
Site          Phase ofJoint  Consultant   Current      Contract   Current End
Work             Contract    Start Date Date 
Amount
(Millions)
Lower      RI    Yes  Windward  $17.869     3/2000    12/31/2009
Duwamish            Env.
Lower      FS   Yes  AECOM   $6.481     4/2004    12/31/2009
Duwamish            ENSR
East Waterway  sRI/FS Yes  Anchor Env. $7.200      11/2006   12/31/2009
T117      EE/CA Yes  Windward  $2.650     5/2003    12/31/2009
Env.

Proposed Changes
Site          Phase of Consultant    Proposed    Proposed     Proposed End
Work           Increase   Amended Not Date 
to Exceed
amount
(Millions)
Lower      RI    Windward Env. $0.5     $18.369     12/31/2012
Duwamish
Lower      FS    AECOM    $7.019    $13.5      12/31/2012
Duwamish         ENSR
East Waterway  sRI/FS  Anchor Env.  $4.3      $11.5       12/31/2013
T117      EE/CA  Windward Env. $0.75     $3.4       12/31/2011

ALTERNATIVES CONSIDERED/RECOMMENDED ACTION 
1.  Undertake a full procurement process to enter into a series of Category III contracts to
replace the four existing contracts. The problem with this alternative is that these
projects, as well as the originally solicited scopes of work, are all midway through, the
consultants in place are deeply familiar with all of the studies and the draft reports (they
have produced). Replacing the contracts to take over investigations, studies and analysis
that are mid way in progress would create significant problems with getting the work

COMMISSION AGENDA 
T. Yoshitani, Chief Executive Officer
July 10, 2009
Page 6 of 8

done. It would almost certainly result in a failure to meet regulatory deadlines. This
approach could result in leaving the Port open to an EPA enforcement action. This could
also cause problems with our cost sharing partners, as it also could open them up to
enforcement action, and they might balk at the additional cost to procure and bring new
consultants up to speed on the projects. This is not the recommended alternative.
2.  Modify the existing contracts as identified in this memo. This is the recommended
alternative.
3.  Conduct the activities using Port resources, without outside consultant assistance. There
are insufficient staff resources and expertise to conduct these environmental management
tasks without consultant and laboratory support. Under the existing MOAs, our partners
have to agree on the consultant performing this work. It is highly likely that they would
not accept this approach. This is not the recommended alternative.
FINANCIAL IMPLICATIONS 
Cost Estimate 
The cost estimates for the contract extensions are based on current knowledge of the sites and
regulatory comments. The estimates may increase due to regulatory requirements for additional
investigation or analysis. The requested extension of these contracts will not increase project
costs.
Source of Funds 
Funds for the expenditure required will come from the Environmental Reserves.
ENVIRONMENTAL SUSTAINABILITY/COMMUNITY BENEFITS 
Elimination of unacceptable levels of environmental risk caused by the presence of contaminants
in soil, groundwater and sediment is not only required by state and federal law, it is the hallmark
of responsible environmental stewardship, from the perspectives of both the surrounding
communities and the customers that we serve. These detailed studies are the critical first step in
creating a cleanup plan approved by EPA and Ecology for cleanup of these sites.
PREVIOUS COMMISSION ACTION 
Since 1993 the Port Commission has, through a series of commission actions and annual projectwide
authorizations, authorized expenditures under Environmental Reserves funding sources to
perform the actions described above.

COMMISSION AGENDA 
T. Yoshitani, Chief Executive Officer
July 10, 2009
Page 7 of 8

On August 24, 1999, the Port Commission approved the purchase and sale agreement for the
acquisition of the Malarky Asphalt Property at a cost of $176,400 and implementation of
required environmental cleanup measures on adjoining Port property at a cost not to exceed
$800,000.
On March 14, 2000, the Port Commission approved the 1) expenditure of $1,000,000 in funds
which had been previously reserved for aquatic sediment management; and 2) the Managing
director, Marine Division, to enter into a contract with Windward Environmental Inc. to provide
a variety of services to assist the Port in participating in the development and implementation of
federal and state laws and regulations relating to the disposition of contaminated aquatic
sediments.
On June 12, 2001, the Port Commission authorized 1) expenditure of $750,000 in funds
previously reserved for aquatic sediment management; and 2) Managing Director, Seaport
Division, to execute an Administrative Order on Consent (AOC) with the Environmental
Protection Agency (EPA) for additional sRI/FS work in the East Waterway portion of the Harbor
Island Sediments Superfund site and revise the existing contract with Windward Environmental,
Inc. to provide a variety of services to assist the Port in responding to the AOC.
On June 11, 2002, the Port Commission approved to spend $1,500,000 previously reserved for
aquatic sediment management and to revise the existing contract with Windward Environmental,
Inc to provide services required by the Environmental Protection Agency's Order on Consent to
continue work on the Lower Duwamish Sediments Superfund site and the East Waterway
Sediment Operable Unit of the Harbor Island Superfund Site
On August 24, 2004, the Port Commission approved execution of the Memorandum of
Agreement between the Port and the City of Seattle for Malarky Early Action Area.
On October 11, 2005, the Port commission approved execution of: 1) Administrative Settlement
Agreement and Order on Consent for Removal Action T-117 Early Action Area; and, 2)
Administrative Settlement Agreement and Order Consent for the T-117 Upland Investigation.
On March 14, 2006, the Port Commission approved executing the Memorandum of Agreement
between the Port, the City of Seattle and King County to perform the East Waterway Operable
Unit of the Harbor Island Superfund sitesRI/FS.
On June 27, 2006, the Port Commission: 1) approved execution of Administrative Settlement
Agreement and Order on Consent for Time Critical Removal Action in the T-117 Upland Area;
2) directed staff to develop a work plan to expand the cleanup options in the T-117 Upland area
and 3) amended the 2006 project-wide authorization expenditure in the amount of $6,000,000.

COMMISSION AGENDA 
T. Yoshitani, Chief Executive Officer
July 10, 2009
Page 8 of 8

On July 25, 2006, the Port Commission approved the CEO to execute the Administrative
Settlement Agreement and Order on Consent for an sRI/FS for the East Waterway Operable Unit
of the Harbor Island Superfund site issued by the United States Environmental Protection
Agency.
On September 25, 2007, the Port Commission authorized the CEO to: 1) approve the amended
Statement of Work to the Administrative Settlement Agreement and Order on Consent for
Removal Action T-117 Early Action Area (issued by the EPA, December 2005); and 2) execute
the First Amendment to the Memorandum of Agreement with the City of Seattle regarding costsharing
to conduct this Work