PORT OF SEATTLE
MEMORANDUM
COMMISSION AGENDA
Item No.
6e
Date of Meeting
July 26, 2011
DATE: July 15, 2011
TO: Tay Yoshitani, Chief Executive Officer
FROM: Ralph Graves, Managing Director, Capital Development
SUBJECT: Consolidated Rental Car Facility Project Contract MC-0315405
Extension to Contract Completion Date
Amount of This Request: $0 Total Project Cost: $232,002,604.00
Source of Funds: RCF Project Contingency. No additional funds required.
Est. State and Local Taxes: $21,423,533.00 of Total Project Cost Jobs Created: None
ACTION REQUESTED:
Request authorization for the Chief Executive Officer to issue a change order for the
Consolidated Rental Car Facility (RCF) project to extend the completion date by an amount not
to exceed 80 calendar days. Although the Port has received a claim for additional costs related to
schedule delay, this extension would specifically not, at this time, be compensable to the general
contractor/construction manager or any subcontractors.
SYNOPSIS:
The schedule milestone for permanent power-on has slipped from May 6, 2011, to the currently
projected date of July 25, 2011, an 80 calendar day delay. The 80-day extension will not affect
the currently scheduled opening of the RCF. Although the general contractor/construction
manager (GC/CM) has yet to submit a contractually required schedule analysis to demonstrate
that the Port was responsible for this delay, the Port staff believes it may, at least in part, be
responsible for the delay to energizing the electrical equipment. To keep the project moving and
to avoid claims for constructive acceleration, the project staff seeks authorization to issue a
change order extending the required contract completion date 80 calendar days.
COMMISSION AGENDA
Tay Yoshitani, Chief Executive Officer
July 15, 2011
Page 2 of 3
BACKGROUND:
Upon the lifting of the project suspension in July 2009, the Port and the GC/CM agreed to a
revised construction schedule. That schedule identified a contract completion date of November
15, 2011. This construction schedule also identified an interim milestone for completion of
permanent power of May 6, 2011 in order to achieve the final completion date of November 15,
2011. Permanent power has not yet been energized. Permanent power is currently expected to
occur on July 25, 2011. As a result, project activities that the revised construction schedule tied
to permanent power have been delayed. While the contractor continues to identify slippage to
the contract completion date and the permanent power activity at the Weekly
Owner/Architect/Contractor meetings and monthly schedule updates, the GC/CM has not
followed the contract in providing time impact analysis of the impacts to the project completion
date.
This time extension will allow work to proceed without forcing the contractor to either accelerate
to meet the current contractual completion date of November 15, 2011, or risk a potential claim
for liquidated damages. The eighty calendar days is based on the late completion of permanent
powerfrom May 6, 2011, to the current projected power on date of July 25, 2011. The Port is
requesting authorization on a “Not to Exceed” basis as the parties continue to work towards
activating permanent power prior to July 25, 2011. The 80-day extension will not affect the
currently scheduled opening of the RCF.
FINANCIAL ANALYSIS:
This change order extends time only. No additional project funds are being requested as a result
of this change order.
COMMISSION AGENDA
Tay Yoshitani, Chief Executive Officer
July 15, 2011
Page 3 of 3
CONTRACT INFORMATION: The following information relates to the contract and
competitive award:
Contract award date: May 30, 2008
Original period of performance: May 30, 2008 to April 1, 2011
Previous contract extensions: 228 Days
Current Contract Completion Date: November 11, 2011
Contract extension this change order: 80 Days
Revised Contract Completion Date: February 3, 2012
Original contract amount: $224,837,739.00
Previous Change Order Nos. 001 – 0809: $7,164,865.00
Current contract amount $232,002,604.00
This Request, Change Order $.00
Revised contract amount: $232,002,604.00
OTHER DOCUMENTS ASSOCIATED WITH THIS REQUEST:
None.
PREVIOUS COMMISSION ACTION OR BRIEFING:
June 28, 2011, Monthly Staff Briefing – Update on the Consolidated Rental Car Facility
Program.
