CORRECTED COPY                   PORT OF SEATTLE 
MEMORANDUM 
COMMISSION AGENDA               Item No.       5b 
ACTION ITEM             Date of Meeting    April 23, 2013 

DATE:    April 18, 2013 
TO:      Tay Yoshitani, Chief Executive Officer 
FROM:   Ralph Graves, Managing Director, Capital Development Division 
Janice Zahn, Assistant Engineering Director 
SUBJECT:  Change Order No. 085 for the Offsite Roadway Improvements and SR-99 Bridge
Seismic Upgrade Contract MC-031568, CIP 100266 as part of the Consolidated
Rental Car Facility (CRCF) Program 

Amount of This Request:  $492,000 
Source of Funds:        Project Construction Contingency 
Est. State and Local Taxes: $0.00           Est. Jobs Created:   None 
ACTION REQUESTED: 
Request Commission authorization for the Chief Executive Officer to issue Change Order
Number 085 for Contract MC-031568, Offsite Roadway Improvements and SR-99 Bridge
Seismic Upgrade (ORI) project, to extend the contract completion date 77 days from May 24,
2012, to August 9, 2012, for concurrent delays and for the amount of $492,000 to settle all open
claims by the contractor on matters related to this project. The existing construction contingency
will be used to pay for this change order. No additional funds are requested. 
SYNOPSIS: 
This project renovated and improved municipal, Port and Washington State Department of
Transportation (WSDOT) roadways in the vicinity of the new Rental Car Facility (RCF), 
including SR-518, International Boulevard (SR-99), S. 160th Street, Host Road and the North 
Airport Expressway (NAE). 
During the course of construction, the Port added the fabrication and installation of roadway
signs to the contract that the contractor completed on August 9, 2012. At the same time, the
contractor was completing base contract work, thus the time extension is concurrent and noncompensable.
The change order fixed amount of $492,000 provides final compensation in
settlement of all open issues on the project, including the contractor's claim against the Port for
loss of productivity, and disputed costs associated with schedule impacts and the hauling and
disposal of unsuitable/contaminated materials. It is based on analysis of the claims as well as

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
April 18, 2013 
Page 2 of 4 
independently performed assessments of Port-caused impacts and potential additional cost
related to further dispute resolution processes. 
The source of funds for this change order is the existing contract construction contingency,
requiring no additional funds. 
The claims resulted from varying site conditions including the discovery of contaminated and
unsuitable soils, and inadequate as-built documentation for utilities and roadway conditions.
Schedule delays and other direct and indirect expenses related to these impacts have been paid
for by previously issued change orders. However, in addition to the loss of productivity, the
contractor is still protesting the extent of schedule impacts and final costs associated with hauling
and disposing of unsuitable and contaminated soils. 
BACKGROUND: 
The current contract completion date is May 24, 2012. The completion of the project was
delayed due to added scope and the contractor's inability to complete pickup work and punchlist
activities. An analysis of the project's last five construction bulletins and associated requests for
information, as cited by the contractor as open issues preventing them from completing the work
on time, revealed that there was concurrent delay through August 9, 2012, resulting in a noncompensable
77-day delay to the project completion date.

In addition, this change order for $492,000 settles all open issues on the project for which the
contractor is currently requesting $772,416 calculated as follow: 

Open Issue                     Contractor Position     Port Position 
Loss of Productivity                       $692,028.00      $445,058.00 
Schedule Impacts                         $37,160.00          $0.00 
Unsuitable/Contaminated Soils                $43,228.00          $0.00 
Removal 
Total             $772,416.00      $445,058.00 

After the Port presented its final case on each matter, including the assessed entitlement for loss
of productivity at $445,058, the contractor agreed to accept the Port's offer of $492,000 to settle
the remaining issues.

CHANGE ORDER DESCRIPTION: 
The following information relates to the pending change order scope and cost:

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
April 18, 2013 
Page 3 of 4 
Change Order No. 085 
This compensation settles all costs and time extensions related to the Port's impact to
Midmountain Contractors Inc. on the Consolidated Rental Car Facility Offsite Roadway
Improvements and SR-99 Bridge Seismic Upgrade project. 
This change order constitutes full, complete and equitable settlement of all claims, past, present
and future, by the contractor pursuant to the contract and prosecution of the work. Midmountain
Contractors Inc. shall be compensated in the amount of $492,000 for these impacts. 
PROJECT JUSTIFICATION: 
Due to complications with the varying site and unforeseen conditions and numerous design
changes, Midmountain Contractors Inc.'s work was delayed, causing the company to incur
additional time and costs for loss of productivity and dissolution of supervision. The proposed 
change order value is the result of a settlement between Midmountain Contractors Inc. and the
Port based on analysis of the claims as well as independently performed assessments of Portcaused
impacts and potential additional cost related to further dispute resolution processes. 
FINANCIAL ANALYSIS: 
The funds to pay for this change order are part of the $18,775,000 authorization previously
approved for the CRCF Program's Offsite Roadway Improvements and SR-99 Bridge Seismic
Upgrade. No additional project funds are being requested as a result of this change order.
CONTRACT INFORMATION: 
The following informationrelates to the contract and competitive award: 
Contract award date:                             May 28, 2010 
Original period of performance:      May 28, 2010 through March 28, 2012 
Previous contract extensions:                            57 Days 
Contract extension this change order:                       77 Days 
Current Contract Completion Date:                  August 9, 2012 

FINANCIAL INFORMATION: 
Original contract amount:                         $7,627,485.00 
Previous Change Orders Executed:                   $2,525,438.17 
Current contract amount                         $10,151,923.17 
This request, Change Order No. 85                    $492,000.00 
Revised contract amount:                        $10,643,923.17

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
April 18, 2013 
Page 4 of 4 
OTHER DOCUMENTS ASSOCIATED WITH THIS REQUEST: 
None. 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS: 
February 22, 2011, the Commission authorized the issuance of Change Order Number
008 for the not-to-exceed amount of $970,000 to haul and dispose of additional
contaminated and geotechnically unsuitable soil.