
COMMISSION AGENDA – Action Item No. 8l Page 2 of 9
Meeting Date: December 10, 2024
Template revised June 27, 2019 (Diversity in Contracting).
Over the last 16 months, the project has worked to mitigate two formidable challenges 1) the
varying site conditions associated with underground utility work and, 2) the resolution of
numerous design discrepancies. First, the severity of these varying site conditions has required
substantial redesign efforts to accurately as-built the underground conditions and relocate
existing critical infrastructure to alleviate utility conflicts for the new building. Secondly, these
design discrepancies resulted in a considerable amount of rework and resequencing of critical
path construction activities. While these mitigation measures have focused on solutions that
prioritized reducing impacts, the project has incurred both schedule delays and increased costs
associated with the necessary Change Orders (CO) to address these challenges.
It is important to note, the project has yet to exceed the current authorized budget; however, if
the ongoing analysis determines all proposed COs are eligible for reimbursement under the terms
of the TRA, it will fully commit both the TRA ($3.8M) and ($5M) project contingencies and still
require additional funds to reach substantial completion.
The project is at a pivotal stage in construction where forward progress is needed to maintain
both the preferred Delta lounge opening in 2025 and the projected Club SEA opening for FIFA
World Cup 2026. As such, the Port is requesting to secure the necessary funds to cover all
anticipated cost increases in advance of completing our detailed analysis. Currently, the Port does
not dispute the validity of COs associated with varying site conditions or those pertaining to
discretionary changes; however, the Port has informed Delta of potential disputes regarding COs
associated with design discrepancies, constructability issues, or items for which the Port and
Delta are still negotiating responsibility.
Under this scenario, any funds associated with disputed items or items needing further
evaluation would be held under a Port-controlled allowance until the evaluation of eligibility has
been determined. Per the terms outlined in the TRA, Delta must provide sufficient proof of
eligibility, demonstrate all items are Port responsibility, and/or seek recovery from their
designer/General Contractor (GC) for any items resulting from insufficient designs and/or
constructability issues thereof, before any funds are transferred from the allowance into the TRA.
Diversity in Contracting
This project is currently exceeding all Diversity in Contracting goals as follows:
• Women & Minority Business Enterprise | 10% goal, currently reporting 11%
• Female Apprentice Hiring | 12% goal, currently reporting 16.6%
• People of Color Apprentice Hiring | 21% goal, currently reporting 39.1%.
DETAILS
Since construction commenced, the predominant risk threatening the overall project budget has
been CO management. From June 2023 to September 2024, the project reached nearly 75%
construction completion. During that period, the Port received over 220 COs. These COs