5f

PORT OF SEATTLE 
MEMORANDUM 
COMMISSION AGENDA             Item No.      5f 
ACTION ITEM             Date of Meeting   November 6, 2012 
DATE:    October 26, 2012 
TO:      Tay Yoshitani, Chief Executive Officer 
FROM:    Ralph Graves, Managing Director, Capital Development 
Janice Zahn, Assistant Director of Engineering  Construction Services 
SUBJECT:  Bus Maintenance Facility Project Contract MC-0316730 
Change Order for time extension for the RCF Bus Maintenance Facility 
Amount of This Request:                Amount of This Request:  $0        Total Project Cost: $13,283,519.82 

Source of Funds: No additional funds requested 
Est. State and Local Taxes: $1,261,934.38 of Total Project Cost   Jobs Created: N/A 
ACTION REQUESTED:
Request Commission authorization for the Chief Executive Officer to issue Change Order
No. 023 for the Bus Maintenance Facility project to grant a no-cost time extension of 151 
calendar days to the contract completion date. Upon approval of this change order, the new
contract completion date will be July 13, 2012. No additional funds are requested as this is a nocost
change order. 
SYNOPSIS:
The Bus Maintenance Facility (BMF) project constructed a bus maintenance building, bus wash
facility, a compressed natural gas (CNG) fueling station, and bus and employee parking areas to
support the new consolidated rental car and existing employee parking busing operations. On
March 27, 2012, the Commission authorized execution of a change order of up to 94 calendar
days due to Port decision to delay hiring bus drivers for the Rental Car Facility (RCF). These
drivers were needed to operate CNG buses to fully test and commission the CNG fueling station
and equipment in the BMF. We informed Commission at the time that this was an estimate of
the delays we were incurring, but that we did not have the complete analysis to come to a final
number of days of delay. Now that the project is complete, we have been able to complete our
time impact analysis and determine that the contractor is due a time extension of 151 calendar
days to the contract due to multiple issues. These Port-caused issues include the bus driver

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
October 26, 2012 
Page 2 of 5 
hiring delay along with and several new issues that have arisen since the March 27, 2012, 
Commission meeting. Details of the items causing delay events are described below in the
Background section.
During the construction of the BMF, the contractor had its own problems that also delayed the
completion of the contract. The Port finds that these contractor delays occurred concurrently
with the Port-caused delays. Since the delays are concurrent, the contractor cannot seek
additional delay costs from the Port, and conversely the Port cannot seek liquidated damages
from the contractor. This change order extends time only and no additional project costs are
requested. Based on the newly completed evaluation of schedule impacts, the staff recommends 
that the Commission authorize approval to issue a change order extending the required contract
completion date by 151 calendar days. 
BACKGROUND: 
The BMF project includes the construction of a bus maintenance building, bus wash facility, a
CNG fueling station, and bus and employee parking areas to support the new consolidated rental
car facility and existing employee parking busing operations. Construction on the BMF project
started in October 2010 with an original completion date of February 13, 2012. The BMF
contractor submitted an original request for time extension on February 7, 2012. The Port was
able to complete a partial review of the time extension request and determine that some
additional time was owed to the contractor, but we could not make a final determination because
of the continuing unknown solution to the delay in the hiring of the bus drivers. Staff requested
and Commission approved issuing Change Order #23 to extend the contract up to 94 calendar
days on March 27, 2012. The contractor submitted supplemental information to the Port on July
11, 2012, that included an as-built schedule showing the delays that had occurred on the project.
The Port reviewed this information and performed its own time impact analysis (TIA) to evaluate
the amount of time owed to the contractor. 
The Port found several overlapping issues that extended the contract dates for achieving
beneficial occupancy and substantial completion. Beneficial occupancy is when the facility is
complete enough so that the Port can use the facility for its intended purpose. Substantial
completion is when all field work has been completed, including punch-list work, and contract
time ends. The Port was able to take full beneficial occupancy of the BMF when the CNG
fueling station testing and commissioning was completed on May 11, 2012.
Three items held up the testing and commissioning of the CNG station. First, there was a delay
in Puget Sound Energy turning on the natural gas pipeline to the CNG station. Puget Sound
Energy was responsible for the design and installation of the natural gas piping to the site. Puget
Sound Energy changed its design late in the project and then had its own concerns about the
work, which delayed the activation of the gas line to the site. The delays caused by the utility
company were out of the control of the contractor and the commissioning effort could not start
without natural gas. Second, we incurred the delay due to the decision to delay hiring of bus
drivers until closer to the new opening date of the RCF as described in the March 27, 2012,

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
October 26, 2012 
Page 3 of 5 
Commission memo. Lastly a fire in one of the CNG fueling station electrical control panels
occurred shortly after the start of the commissioning effort, which stopped all commissioning
until the damage was repaired and inspected. The cause of the fire was determined to be an
improperly tightened breaker lug in the panel, which was a factory manufacturing defect. The 
contract allows the contractor additional time for fires or other casualties that are not the fault of
the contractor. The Port's TIA indicates that the contractor is due a time extension to the
beneficial occupancy date making the new date May 12, 2012.
The Port's TIA showed two more issues that delayed the contractor from finishing all field work
on the project and achieving substantial completion. The first issue was discovered during the
commissioning of the boilers in the bus maintenance building. The building was designed with
two boilers. One of the boilers was working correctly so we were able to take beneficial
occupancy of the building in the spring, when heating demand was low enough to be supplied by
a single boiler. However, the second boiler was not working properly and it was determined to
be a result of a design error in the design of the exhaust stack. The solution required the issuance
of a change order to add a boiler stack draft inducer. This work was not completed until June 25,
2012. The second issue was discovered in commissioning of the bus wash equipment. The bus
wash was operating correctly per specifications; however, Port maintenance had a concern that
minor wash water overspray on a control panel and floor where the operator stands was creating
a potentially unsafe condition for the operator. The Port elected to issue a change order to have
the bus wash manufacturer supply a supplemental screen at the location to stop the water
overspray from creating a potential hazard. It took until July 13, 2012, to order the screen parts
and get them installed. This was the last item of work completed and the contract was
substantially complete on July 13, 2012. 
The BMF contractor had its own delays during the time period from the original contract
completion date of February 13, 2012, to the July 13, 2012, date of substantial completion.  The
Port finds that these contractor delays occurred concurrently with the Port-caused delays. Since
the delays are concurrent, the contractor cannot seek additional delay costs from the Port, and
conversely the Port cannot seek liquidated damages from the contractor. This change order
extends time only and no additional project costs are requested. Based on the newly completed
review evaluation of schedule impacts, the staff recommends that the Commission authorize
approval to issue this change order extending the required contract completion date by 151 
calendar days. The change order will also extend the date of beneficial occupancy to May 11,
2012. 
FINANCIAL ANALYSIS: 
This change order extends time only. No additional project funds are being requested as a result
of this change order. 

CONTRACT INFORMATION: 
The following information relates to the contract and competitive award:

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
October 26, 2012 
Page 4 of 5 
Contract award date:                           October 11, 2010 
Original period of performance:     October 11, 2010, to February 13, 2012 
Previous contract extensions:                             0 Days 
Current Contract Completion Date:                February 13, 2012 
Contract extension this Change Order:                     151 Days 
Revised Contract Completion Date:                   July 13, 2012 
Original Contract amount:                       $13,086,443.50 
Previous Change Order Nos. 001  022 and 024 -058:        $197,076.32 
Current Contract amount                        $13,283,519.82 
This Request, Change Order No. 23                        $0.00 
Revised Contract amount:                       $13,283,519.82 
OTHER DOCUMENTS ASSOCIATED WITH THIS REQUEST: 
None. 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS: 
The following is a list of the previous Commission actions in support of the BMF project and
does not include the dates of all of the monthly Rental Car Facility program briefings to the
Commission: 
On February 27, 2007, the Commission authorized an additional $6,460,183 for design for
the RCF program. This included $1,462,500 for the BMF project. 
On May 13, 2008, the Commission authorized an additional $3,574,300 for design for the
RCF program. This included $1,377,330 for the BMF project. 
On June 2, 2009, the Commission authorized an additional $607,000 for the design of the
CNG Fueling Facility as part of the BMF project.
On June 30, 2009, the Commission lifted the suspension on the RCF program and authorized
an additional $591,670 for the design of the RCF program. This included $361,170 for the
BMF project. 
On February 2, 2010, the Commission authorized the advertisement of construction bid, and
an additional $24,474,000 for the construction of the BMF project.

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
October 26, 2012 
Page 5 of 5 
On May 18, 2010, the Commission authorized the Chief Executive Officer to execute a
Developer Extension Contract, and supporting Bill of Sale, Right of Entry and Easement
documents, with the Highline Water District in support of the BMF project. 
On May 3, 2011, the Commission authorized the Chief Executive Officer to amend the Arai
Jackson Ellison Murakami (AJEM) Professional Service Agreement for up to $450,000 for
design support during construction of the Bus Maintenance Facility (BMF) and to provide
notification to the Port of Seattle Commission in accordance with RCW 53.19.060 that the
total amended amount exceeds 50% of the original contract not to exceed value of
$1,900,000. 
On January 10, 2012, the Commission conducted the First and Second Reading and passed
Resolution No. 3656 declaring certain real property, the water mains and appurtenances
located at: 2585 S 194th St, SeaTac, WA and 2645 S 194th St, SeaTac, WA, the water mains
and appurtenances located within the public right of way on S 160th St, SeaTac, WA, and on
Port property on Host Road, SeaTac, WA, to be surplus and no longer needed for Port
District purposes and authorizing the Chief Executive Officer to execute all documents
necessary for transfer of the title of these water mains and appurtenances to the Highline
Water District. 
On March 27, 2012, the Commission approved authorization to issue a time extension of up
to 94 calendar days to the contract due to delay caused by the Port's inability to provide
buses for testing and commissioning and changes to the direct digital controls on the project.
On October 9, 2012, the Commission conducted the First Reading and Public Hearing of
Resolution No. 3669 declaring certain permanent access easements, and the electrical
infrastructure improvements located at: 2585 S 194th St, SeaTac, WA, on Port property on S
194th/196th St, SeaTac, WA, within the public right of way on 28th Ave S, SeaTac, WA,
within the public right of way on International Blvd, SeaTac, WA, and at 3150 S 160th St,
SeaTac, WA to be surplus and no longer needed for port district purposes and authorizing the
Chief Executive Officer to execute all documents necessary for conveyance of the permanent
access easements on the real property and title to these electrical infrastructure improvements 
to the City of Seattle and Puget Sound Energy. 
On October 23, 2012, the Commission conducted the Second Reading and passed Resolution
No. 3669 declaring certain permanent access easements, and the electrical infrastructure
improvements located at: 2585 S 194th St, SeaTac, WA, on Port property on S 194th/196th St,
SeaTac, WA, within the public right of way on 28th Ave S, SeaTac, WA, within the public
right of way on International Blvd, SeaTac, WA, and at 3150 S 160th St, SeaTac, WA to be
surplus and no longer needed for port district purposes and authorizing the Chief Executive
Officer to execute all documents necessary for conveyance of the permanent access
easements on the real property and title to these electrical infrastructure improvements to the
City of Seattle and Puget Sound Energy.

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