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2015-011 PORT OF SEATTLE MEMORANDUM DATE: November 4, 2015 TO: Port Commission FROM: Theodore J. Fick, Chief Executive Officer SUBJECT: Notification that the Port intends to increase the value of an Indefinite Delivery Indefinite Quantity (IDIQ), Service Agreement with the Harris Group Inc. (P- 00316324), through a Sole Source Competition Waiver. NOTIFICATION: The Port intends to increase the value of Service Agreement P-00316324 by $500,000 to $3,500,000, through means of a Sole Source Competition Waiver to complete the design of Phase 2 of the Electric Ground Service Equipment project. The design for Phase 2 of the Electric Ground Service Equipment (eGSE) project was put on hold to allow for Airline Realignment. Increasing the value of this contract will allow us to ensure continuous service with the Engineer of Record to complete the design for Phase 2 of the eGSE project at the Airport. This is justified under Resolution 3605, Section 6.5 Competition Waivers. This section reads, in part, "The CEO is authorized to approve competition waivers consistent with applicable federal and state laws and internal Port policies". The condition that applies here is: Condition (iv) which states, "the waiver is necessary to authorize work with a contractor or service provider who has exclusive knowledge that was provided during a prior phase of the contract or project". Please see the attached Justification for a Competition Waiver memo. Page 1 of 4 2015-011 PORT OF SEATTLE MEMORANDUM DATE: October 21, 2015 TO: Dave Caplan, Senior Director, Ofce of Strategic Initiatives Craig Watson, General Counsel Nora Huey, Director, Central Procurement Management FROM: Ralph Graves, Managing Director, Capital Development DivisionM Wayne Grotheer, Director, Aviation Project Management 4/89 SUBJECT: Request Sole Source Competition Waiver to increase the value an Indenite Delivery Indenite Quantity (IDIQ), Service Agreement with the Harris Group Inc. (P-00316324). BACKGROUND The Port of Seattle executed an Indenite Delivery Indenite Quantity (IDIQ) cormact with Harris Group Inc. (HGI) on March 3, 2010, for Low Voltage Electrical Design services for a not-to-exceed contract value of $3,000,000. The contract has a contract ordering period that expired March 3, 2013. To date, $2,611,000 has been spent on the contract, leaving a remaining balance of $389,000. In accordance with CPO- 1, section 8.3.5.1, the Port will not increase the value of an IDIQ contract unless there is an exceptional circumstance that is documented in a competition waiver. The circumstances here justify an exceptional circumstance fora sole source competition waiver. On October 12, 2015 the Port executed SD 1-6 for design services related to Phase 2 Electric Ground Service Equipment (eGSE). Design work began in October of 2012 and HGI delivered 100% design document to the Port on September 20, 2013. The Port reviewed the 100% design documents and identied a number of comments or changes that HGI needs to review and, if appropriate, revise the design documents. Before I-IGI moved forward with nalizing the design documents, the project was placed on hold in December, 2013 to accommodate airline realignment projects. For the design effort for Phase 2 we have spent $1,205,415 to date. The Port has decided to move forward with Phase 2 EGSE project. We estimate that an additional $889,000 is required to revise and update the 100% design documents and provide design services during construction. Updating the design documents will involve revising the drawings and specications to reect changes resulting from the airport realignment project, lessons leamed from Phase 1, and to update the document to current electrical code requirements and Port standards. With this increased cost, total cost for work performed by HCI will be $2,094,415. To accommodate the increase cost of design, the P011 will need to amend the contract by $500,000 for a new contract value of $3.5 million. Page 2 01'4 2015-011 The following steps will be required to restart Phase 2: 1. Secure approval of the Sole Source Competition Waiver and increase the maximum value of P-003l6324. 2. Execute a new Service Directive (SD) for the design team to evaluate and document the changes created by airline realignment. There have been several changes since this project was put on hold. At this point all of the changes have not been identied by the project team. Several airlines have moved over the last two years. The layout at each gate may be different from the layout depicted in the design drawings. The team will compare the current conditions with those shown on the design document. The team must review existing site conditions and compare the current documents against existing conditions, current codes, etc. that have changed over the last two years. The Phase 1 lessons learned will also be incorporated in the document. The team will use the evaluation to determine the magnitude of the effort required to bring the design back up to 100%. Estimated value: $46,000. 3. After the evaluation is complete the team will use the information to execute a second SD to authorize HGI to complete the design, bid documents, and provide design support during construction. Estimated value: $843,000. The Port will go back to Commission in March/April of 2016 to request additional authorization for the EGSE project for construction and to reconcile any changes in costs due to airline realignment projects, price escalation, etc. JUSTIFICATION The current design is usable with minimal design modications. HGI, as the Engineer of Record, has exclusive knowledge gained in the earlier phase of work. Increasing the maximum value of Service Agreement P00316324 will provide the Port with the following benets: 1. Continuity We complete the project with the Engineer of Record. 2. Design liability. Engineering rms will not accept liability for another engineer's design. Should we contract with another engineering rm they will limit their liability, add costs to evaluate and check design calculations and assumptions, resulting in additional risk and cost for the Port. Changing rms at this point is not in the best interest of the Port. 3. Exclusive knowledge We take advantage of the exclusive knowledge HGI compiled during the previous eGSE projects design. 4. Lower total project costs Starting with another engineer will most likely increase cost and schedule. A new rm must review all of the existing work thoroughly, complete eld investigations, rerun all engineering calculations, and review all specications in order to take responsibility for the design. A rough estimate of additional design costs to move forward with a new engineer is approximately $1,500,000 to $2,000,000. This will impact Page 3 of4 2015-011 the project completion schedule and potentially securing a new FAA VALE grant for $5,500,000. Accordingly, a sole source competition waiver is justied. REQUESTED ACTION: In accordance with RCW 39.04.280, we request a Sole Source Competition Waiver to increase the value of Service Agreement P-00316324 by $500,000 to $3,500,000. ' CONCURRENCE: \ y t. - 'J"LQ!' Nora Huey, Director, entraH-t'ourement Ofce Date 0 R 24/5" Craig Watson, General Counsel Dat APPROVAL: k; 7-6" /4J/.J ()1 , .5: Dave Caplan, Senior Director, Ofce of Strategic Initiatives Date Page 4 of4 Estimated Design/Support Costs for E(eGSE) PHASE 2 Service Agreement P00316324 $3,000,000 Committed mmmm 8,425 (31) 8,394 mmmm 293,936 (104) 293,832 293,832 mmm 143,385 (14,420) 128,965 128,965 mmmmmm 778,275 44,995 (76,259) 747,011 . 747,011 mmmmm 227,383 Subtotal 227,383 227,383 SD 16 - Design for eGSE Phase 2 1,232,896 Mod 1 Su btotal 1,232,896 1,205,415 Totals to date 2,638,481 2,611,000 Service Agreement P-00316324 current max value 3,000,000 Total cost to date 2,611,000 Remaining Capacity 389,000 Mod 2 (step 2 waiver page 3) , comp Mod 3 (step 3 comp waiver page 3) 843,000 Subtotal - to complete design 889,000 Subtotal to complete design 889,000 lDlQ remaining capacity 389,000 Additional lDlQ capacity needed 500,000 ServicesAgreement P00316324 3,000,000 Additional lDlQ capacity needed 500,000 Total lDlQ capacity needed $ 3,500,000
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