COMMISSION 
AGENDA MEMORANDUM                        Item No.          10b 
ACTION ITEM                            Date of Meeting        June 8, 2021 
DATE:     April 23, 2021 
TO:        Stephen Metruck, Executive Director 
FROM:    Sandra Kilroy, Director, Maritime Environment & Sustainability 
Kathy Bahnick, Senior Manager, Remediation Programs 
SUBJECT:  Clean-Up Design for the Middle Third of the Lower Duwamish Waterway 
Amount of this request:       $0 
Total estimated project cost:   $4,000,000 - $5,000,000 
ACTION REQUESTED 
Request Commission Authorization for the Executive Director to: (1) execute a Fifth 
Amendment to the Administrative Order on Consent with the U.S. Environmental Protection
Agency for the Lower Duwamish Waterway (LDW) Superfund Site; and (2) execute a Seventh 
Amendment to the Lower Duwamish Waterway Group Memorandum of Agreement to contract
for and perform cleanup design of the middle third of the LDW. 
EXECUTIVE SUMMARY 
The purpose of this amendment is to continue the design of the cleanup work for the Lower
Duwamish Waterway Superfund Site. Since 2001, the Port, the City of Seattle, King County, and
The Boeing Company (referred to as the Lower Duwamish Waterway Group, or LDWG) have
been working under an agreement with the U.S. Environmental Protection Agency (EPA) to
perform cleanup investigation activities for the LDW. 
The estimated cost is approximately $16,000,000 -$20,0000, split equally between the four
parties and subject to later reallocation. The Port's share is No funding is requested at this time.
Funds to perform the Port's share of this work will continue to be included in the
Environmental Remediation Liability (ERL) annual authorization. 
For purposes of designing and implementing the cleanup, EPA has divided the Waterway into
thirds. LDWG is more than halfway through design of the cleanup of the upper (southern) third,
which is being conducted under the fourth amendment to the Order. The next phase of work in
this new amendment to the Order is the design of the cleanup of the middle third. This work
will include studies to delineate the location of the different cleanup approaches, development
of the engineering design drawings and specifications; and an assessment of regional existing
fish and shellfish chemistry data to refine background concentrations. This amendment will
allow LDWG's continued participation in the design work that must be completed prior to

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COMMISSION AGENDA  Action Item No. 10b                                 Page 2 of 5 
Meeting Date: June 8, 2021 
implementation of the LDW cleanup. The design of the middle reach is anticipated to take four 
years. 
The Memorandum of Agreement (MOA) amendment identifies the contracting and cost sharing
arrangement for this work. Under the amendment, the City will be the contracting agent for
this work on behalf of LDWG. The City will follow their public contracting process which
includes WMBE goals, records retention, and prompt payment, among other requirements.
The consultant will be selected by consensus by LDWG. 
JUSTIFICATION 
This work supports the Century Agenda goal of being the greenest, most energy efficient Port in
North America by moving toward cleanup of the LDW. Meeting our LDW Superfund obligations
is a critical component of the Green Gateway strategy of meeting our legal obligations as
efficiently and effectively as possible. It also supports the strategic focus on social equity by
moving the cleanup forward for a site located on the shores of two environmental justice
communities, South Park and Georgetown. 
Addressing unacceptable levels of environmental risk caused by the presence of contaminants
in soil, groundwater, and sediment is not only the goal of numerous state and federal laws; it
reflects our commitment to environmental stewardship, from the perspectives of both the
surrounding communities and the customers that we serve. Design is a critical step in moving
towards cleanup of the LDW. 
The local communities (South Park and Georgetown) are actively watching and commenting on
this cleanup project and are eager to see the LDW cleanup continue to move forward. 
DETAILS 
LDWG completed the Remedial Investigation/Feasibility Study, a fisher study, a carbon
amendment pilot study, and a pre-design study under the original Order and three subsequent
amendments. 
The Statement of Work detailed in the fifth amendment to the Order requires that LDWG
perform cleanup design tasks for the middle third of the Waterway from river mile 1.6 to 3.0 
and an assessment of regional existing fish and shellfish chemistry data to refine background
concentrations. Source control work continues and is expected to be complete for the middle 
third of the river prior to construction being initiated. 
Scope of Work 
As presented in the Statement of Work attached to the fifth amendment to the Order, LDWG 
will perform the following tasks: 
1.  Design of the middle third of the LDW 

Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. 10b                                 Page 3 of 5 
Meeting Date: June 8, 2021 

2.  Ongoing monitoring of site conditions 
a.  Water quality 
b.  Fish, crab, and clams 
3.  Assessment of Fish and Shellfish Tissue Data to Refine Background Concentrations 
4.  Continued funding for the Institutional Control Plan for seafood consumption, aimed at
educating local fisher people on safe resident seafood consumption. The work is led by
EPA and the Seattle King County Department of help with members of the community 
as advisory educators. 
Schedule 
The schedule of the required work is based on the Statement of Work attached to the fifth
amendment to the Order 
Activity                                              Estimated Schedule 
Commission authorization of Order                   Q2 - 2021 
Contracting                                          Q3/ Q4 -2021 
Begin Clean-up Design process for the middle third    Q1  2022 
Cost Breakdown                                 Estimated Total
Project 
Design of the middle third                                $4,000,000 
ALTERNATIVES AND IMPLICATIONS CONSIDERED 
Alternative 1  Do not authorize entering into either Amendment 
Cost Implications: $0 at this time, but comes with certain risks. 
Pros: 
(1)   Could delay the spending on this work until a later date, if the Port does not enter into
the Order amendment but the other LDWG partners do 
Cons: 
(1) Could result in EPA imposing a unilateral enforcement order requiring the Port and/or
LDWG and/or a collection of other parties including the Port to perform the work. 
(2) Could result in other parties, including the other LDWG parties, potentially left
responsible to perform the work, bringing a claim for contribution against the Port. 
(3) Would impact the Port's ability to influence the extent and design of the work
performed. 
(4) Would not move the cleanup of the LDW forward in an expeditious fashion. 

Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. 10b                                 Page 4 of 5 
Meeting Date: June 8, 2021 
(5) Would not be consistent with the values of the Port. 
(6) Not performing this work could tarnish the Port's reputation with EPA and the
community as having a commitment to public health and being a steward of community
resources and the environment. 
This is not the recommended alternative. 
Alternative 2  Authorize entering into both Amendments 
Cost Implications: Approximately $4,000,000 (25% of $16 million). 
Pros: 
(1)   Ensures compliance and continued cooperation with EPA. 
(2)   Allows progress toward the ultimate cleanup. 
(3)   Continues current working relationship among the LDWG partners and continues cost
sharing for the required additional studies and agency oversight. 
(4)   Demonstrates the Port's commitment to public health, social equity and being a
responsible steward of community resources and the environment. 
Cons: 
(1)   Costs of approximately $4,00,000 by the Port to complete the Order's Statement of
Work. 
This is the recommended alternative. 
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.
Under the MOA amendment covering this work, the costs would be shared with our LDWG
partners. Port costs may also be eligible for insurance reimbursement and/or state grant
recovery.
Cost Estimate/Authorization Summary              Capital        Expense           Total 
COST ESTIMATE 
Original estimate                                          $0      $4,000,000      $4,000,000 
AUTHORIZATION 
Previous authorizations (by ERL)                            0      $4,000,000      $4,000,000 
Current request for authorization                          0                0                0 
Total authorizations, including this request                  0                0                0 
Remaining amount to be authorized                    $0             $0             $0 
ATTACHMENTS TO THIS REQUEST 
(1) Presentation Slides 

Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  Action Item No. 10b                                 Page 5 of 5 
Meeting Date: June 8, 2021 
(2) Fifth Amendment of the Lower Duwamish Waterway Administrative Order on Consent 
and Statement of Work 
(3) Seventh  Amendment to the Lower Duwamish Waterway Group Memorandum of
Agreement 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS 
November 10, 2020  The Commission authorized spending environmental remediation
liabilities funds for 2021 in the amount of $33,100,000 and a five-year plan of
$106,200,000 for Environmental Remediation Liability Program for 2021-2025 of which
an amount estimated not to exceed $30,000,000 will be obligated during 2021to be
spent in future years. 
June 12, 2018 - Fourth Amendment of the Lower Duwamish Waterway Administrative
Order on Consent, Sixth Amendment of the Lower Duwamish Waterway Group
Memorandum of Agreement 
April 12, 2016 - Third Amendment of the Lower Duwamish Waterway Administrative
Order on Consent, Fourth  Amendment of the Lower Duwamish Waterway Group
Memorandum of Agreement 
July 1, 2014  Second Amendment of the Lower Duwamish Waterway Administrative
Order on Consent, Second Amendment of the Lower Duwamish Waterway Group
Memorandum of Agreement 
February 26, 2013   First Amendment to the Lower Duwamish Waterway Group
Administrative Order on Consent 
January 22,  2013   First  Amendment  to the  Lower Duwamish  Waterway  Group
Memorandum of Agreement 
October 12, 2010  Briefing on the Lower Duwamish Waterway Feasibility Study 
May 5, 2009  Briefing on the Lower Duwamish Waterway Feasibility Study 
November 4, 2008  Briefing on the Lower Duwamish Waterway Remedial Investigation
and Feasibility Study 
November 6, 2007  Briefing on Lower Duwamish Sediment Superfund site 






Template revised September 22, 2016; format updates October 19, 2016.