
COMMISSION AGENDA – Action Item No. 10b Page 2 of 9
Meeting Date: June 27, 2023
Template revised June 27, 2019 (Diversity in Contracting).
Department’s code compliance review to a third party, due to limited capacity to conduct the
review in-house.
JUSTIFICATION
Delta requested to construct a new lounge on Concourse A to accommodate passenger demand
that shifted from the South Satellite to Concourse A, upon the opening of the IAF. The Port
currently lacks sufficient space to meet this demand. Thus, to satisfy this request for additional
leased space, the Port has allowed Delta to design and construct the lounge addition in
undeveloped space, with the project delivered via a TRA.
On May 10,2022, the Port Commission authorized both an overall project budget and TRA
increase based off the 100% design / permit documents, for a total project value of approximately
$105 million, with a TRA value of $89.96 million. Delta’s original request to the Port was for the
TRA value to increase to $93 million; however, the Port was not able to validate the additional
$3 million, prior to the May 2022 Commission request. To advance the project, the Port held the
$3 million (still under negotiations) within a Port-controlled portion of the budget until the cost
validations between the Port and Delta were finalized. On May 13, 2022, the Port issued Delta a
revised reimbursement letter, reflecting the maximum reimbursement amount of $89.96 million,
which excluded the $3 million while still under negotiations. Consequently, the Port and Delta
eventually reached an impasse. Delta decided not to execute the full FGMP with their contractor
and instead elected to enter a partial Guaranteed Maximum Price agreement with their
contractor to begin the enabling work that relocated the PLB shop, reconfigured the concourse
and Club at SEA restrooms and purchasing long lead materials.
Between May 2022 to November 2022, project costs continued to rise due to escalation and
volatility within both the national and local construction markets, and global supply chains.
Without an executed FGMP, the Port was subject to additional project costs for reimbursable
scoped items.
In November 2022, Delta notified the Port of additional project increases since the May 2022
Commission authorization. By January 2023, Delta provided the revised bid packages for Port
review. After which, the Port and Delta underwent numerous negotiations to validate the cost
increases but were unable to reach an agreement until May 2023.
Today’s request is to increase the overall project budget to incorporate additional costs based on
the revised project estimates. Delta has informed the Port the Contractor’s FGMP pricing will
hold until the end of June 2023. It is the Port’s understanding Delta will execute the FGMP with
their Contractor upon Commission’s approval of additional funds and before the Contractor’s
pricing expires at the end of June.