Template revised January 10, 2019.
COMMISSION
AGENDA MEMORANDUM
Item No.
8d
ACTION ITEM
Date of Meeting
November 29, 2022
DATE: November 15, 2022
TO: Stephen P. Metruck, Executive Director
FROM: Melinda Miller, Director, Real Estate Asset Management
Jermaine Murray, Director, Port Construction Services
Julie Yun, Capital Project Manager
SUBJECT: Fishermen’s Terminal ADA Compliance Project (C801198)
Amount of this request:
$600,000
Total estimated project cost:
$1,790,000
ACTION REQUESTED
Request Commission authorization for the Executive Director to acquire additional funding for
the construction of the Fishermen’s Terminal ADA Compliance project (CIP# C801198) in the
amount of $600,000.
EXECUTIVE SUMMARY
The Port of Seattle entered into a settlement agreement on October 5, 2020, to address alleged
Americans with Disabilities Act (ADA) related deficiencies at the Fishermen’s Terminal parking lot
area south of the Fishermen’s Center Building. The required minor or non-structural alterations
improvements relating to the number of accessible spaces and routes, and the height and
visibility of signage, were completed within 120-days of the effective agreement date by Marine
Maintenance through 2020 expense funds. Other required alterations such as regrading, filling,
demolition, reconstruction, or other significant remediation to address remaining ADA-related
issues are required to be completed by October 5, 2022.
This request would allow staff to reinitiate currently paused construction and deliver on Port
commitments per the settlement agreement.
JUSTIFICATION
This project is driven by the settlement agreement committing the Port to deliver structural
improvements at Fishermen’s Terminal to comply with ADA code.
This project is currently paused at approximately 85% completion status until additional funds
are available. Reasons for the additional funding request are as follows:
COMMISSION AGENDA – Action Item No. 8d Page 2 of 4
Meeting Date: November 29, 2022
Template revised June 27, 2019 (Diversity in Contracting).
1. Decreased work productivity due to PCS resource availability and new staff onboarding
resulting in extended schedule.
2. Schedule delay and decreased work efficiency due to concrete strike and subsequent
material delays.
3. Overtime and added work hours (6-7 days per week) as compared to the original plan
(5/10 work schedule) in order to increase productivity and minimize tenant impact in
early stages of construction.
4. Higher burn rate on PCS labor and construction management, and increased PCS
overhead due to extended schedule.
5. Construction Escalation – material costs have seen a 10% increase in 2022.
Diversity in Contracting
Design development was performed through the Port’s Infrastructure Indefinite Delivery
Indefinite Quantity (IDIQ) consultant contract. The WMBE goal for this contract was set at 18%
and the current diversity in contracting utilization for the Service Directive is at 16%.
Construction Services for this project was contracted through Port Construction Services (PCS)
Small Works Contracts. This project utilizes a Port-wide Asphalt Paving & Striping On-Call
Contract. Diversity in Contracting Goals are not established on PCS Small Works Contracts as
historically there are opportunities for WMBE firms to prime. As such, no Diversity in Contracting
goal has been established.
DETAILS
Scope of Work
Scope of work under this project are:
(1) Develop design and specifications, conduct project outreach, and develop construction
phasing.
(2) Apply for permits.
(3) Construction implementation. Planned work includes sidewalk/roadway demolition
and reconstruction, pavement overlays, pavement markings, signage installation, and
landscaping.
Schedule
Activity
Commission design authorization
2021 Quarter 2 (complete)
Design start
2021 Quarter 2 (complete)
Commission construction authorization
2022 Quarter 1 (complete)
Construction start
2022 Quarter 3 (complete)
In-use date
2023 Quarter 1
COMMISSION AGENDA – Action Item No. 8d Page 3 of 4
Meeting Date: November 29, 2022
Template revised June 27, 2019 (Diversity in Contracting).
Cost Breakdown
This Request
Total Project
Design
$0
$300,000
Construction
$600,000
$1,490,000
Total
$600,000
$1,790,000
ALTERNATIVES AND IMPLICATIONS CONSIDERED
Alternative 1 – Delayed/No Action
Cost Implications: Potential reduced costs for avoided work but potential for increased costs
related to enforcement of Settlement Agreement.
Pros:
(1) Preserve Port capital funding and resources for other priority projects and financial
initiatives
Cons:
(1) Would not comply with the Port’s agreement to address ADA concerns.
(2) Could potentially increase safety risk to customers and visitors.
This is not the recommended alternative.
Alternative 2 – Proceed with release of additional funding and proceed with construction to
completion.
Cost Implications: Requires allocation of $600,000 in the Capital Plan
Pros:
(1) Re-start construction and comply with the Port’s agreement to address ADA concerns
within the committed timeframe.
Cons:
(1) Limited temporary construction impacts.
This is the recommended alternative.
FINANCIAL IMPLICATIONS
Cost Estimate/Authorization Summary
Capital
Expense
Total
COST ESTIMATE
Original estimate
$1,500,000
$30,000
$1,530,000
Previous changes – net
($350,000)
$10,000
($340,000)
Current change
$600,000
0
$600,000
Revised estimate
$1,750,000
$40,000
$1,790,000
AUTHORIZATION
Previous authorizations
$1,150,000
$40,000
$1,190,000
COMMISSION AGENDA – Action Item No. 8d Page 4 of 4
Meeting Date: November 29, 2022
Template revised June 27, 2019 (Diversity in Contracting).
Current request for authorization
$600,000
0
$600,000
Total authorizations, including this request
$1,750,000
$40,000
$1,790,000
Remaining amount to be authorized
$0
$0
$0
Annual Budget Status and Source of Funds
This project has been included in the 2023 Draft Plan of Finance under C801198 FT ADA
Compliance with a total cost of $1.232 million. The additional cost will be covered by C800002
Maritime Division Reserve.
This project is funded by the General Fund.
Financial Analysis and Summary
Project cost for analysis
$1,790,000
Business Unit (BU)
Maritime Portfolio Management
Effect on business performance
(NOI after depreciation)
Depreciation will increase by approximately $72K per
year, thereby reducing the NOI by the same amount.
IRR/NPV (if relevant)
No incremental revenue. The NPV is the present value of
the project cost.
CPE Impact
N/A
Future Revenues and Expenses (Total cost of ownership)
N/A
ADDITIONAL BACKGROUND
None.
ATTACHMENTS TO THIS REQUEST
(1) Presentation
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
March 22, 2022 Commission authorized Construction funding
April 15, 2021 Commission authorized Design funding
September 22, 2020 Commission authorized Settlement Agreement for Accessibility
Improvements at Fishermen’s Terminal
