8d. Memo

Fishermans Terminal ADA Compliance Project

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: 

Template revised January 10, 2019.

             COMMISSION AGENDA – Action Item No. 8d                                  Page 2 of 4 
Meeting Date: November 29, 2022 
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 


Template revised June 27, 2019 (Diversity in Contracting).

             COMMISSION AGENDA – Action Item No. 8d                                  Page 3 of 4 
Meeting Date: November 29, 2022 
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 

Template revised June 27, 2019 (Diversity in Contracting).

             COMMISSION AGENDA – Action Item No. 8d                                  Page 4 of 4 
Meeting Date: November 29, 2022 
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    Depreciation will increase by approximately $72K per
(NOI after depreciation)             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 




Template revised June 27, 2019 (Diversity in Contracting).



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