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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