Exh A

Elcon Corporation's Comments to the Port Commission on 5/3/11
Re. Rental Car Project
Exhibit      A
PortCommlsslon Rgow
_,./Meetlng01M
Introduction:

I'd like to briefly explain a few matters regarding this project as follows:

I.        Schedule Delays

April 5, 2011 Commission meeting minutes, page 2:

"This is a 42 day time loss from what was reported on the last update is due to a
slip in the commissioning start date, driven by setbacks in power and electrical
"
systems completion.

a.  Elcon schedule analysis shows 233 day delay (given the September 22, 2011
power on date per latest Turner schedule update) power on date was
originally February 1, 2011
b.  Late access to work areas. Elcon held out an average of 86 days over 17
different areas
c.  Elcon directed by Turner to accelerate (man-up) from 35 to 80 thus currently
Elcon labor makes up nearly 1/3 of total project work force (250 total)
S'DQ..
The construction schedule is now nearly vertical
Elcon has not been paid for ANY acceleration COST. Elcon is in no way
responsible for condition leading to schedule acceleration.

ll.       Design Changes

December 2010 Port of Seattle Monthly RCF Progress Report, page 18:

"RCF/CSB Electrical work including design changes affecting the transformers,
cable pulling, buss ducting, electrical panels, lighting and trim. Further design
delays may drive the permanent power and the start of commissioning to the
RCF/CSB out. "

A few key points to consider here:

1) 100% P08 electrical construction drawings issued by POS 3/28/08
2) 136 P08 electrical design changes after 100% design (over 350 Elcon
pricing iterations thereof)
3) Project could not be built electrically as it was designed (Walker)
4) There have been 11 Design Related L&| correction notices issued
indicating NEC code violations

5) Electrical Design Changes affected nearly every aspect of Elcon's
electrical scope of work from infrastructure to light fixture types and all
else...
6) 15 NEW ELECTRICAL DESIGN CHANGES in past 10 days alone
7) 307 Elcon RFl's drove design changes
8) Design change documents incomplete (no drawings nor by-in-large
electrical design issued)
9) Port has treated Elcon as a design/build subcontractor. This project is a
Design/Bid/Build NOT a Design/Build

Change Orders

April 5, 2011 Commission meeting, contract status summary, Power point page 3:

"Non suspension Contract Changes total $8,765,318.00. "

a. Elcon currently has $2,748,766.00 in executed (non suspension) C/O's
b.  Elcon issued 31% of total of all project changes (% of entire project
changes)
c.  Elcon  endin  chan es  603 811.00 not  eta   roved
d. Elcon disputed underpaid changes $2,104,375.00

*To Elcon's knowledge POS did not conduct independent estimates for
change orders, as was the #1 recommendation in the 2007 Performance
Audit. The excerpt below was taken from the performance audit.

*
"
p. 17, Table I: Recommendation #1: Immediately implement and strengthen control
procedures to assure that Engineer' change order estimates are (a) prepared without
knowledge of the contractors' proposed amounts, and (b) change order estimates and
cost analyses are fully and completely documented. Where cost orprice analysis is used
to evaluate change order proposals, POS should require full and complete documentation
of these reviews, including fully documented supervisory reviews and approvals. "

e. POS issued lump sum unilateral change orders to Elcon at a fraction of
the true cost of the work. Why?
f.   Elcon forced to fund POS directed change order work. Why?
9. PCS issued changes/design have aged over 1 year, in some cases,
(DCN's 14, 14.1, 38, & 39) and the designs are still not complete.
h.  Cumulative impact of changes have adversely affected base contract
labor productivity and base contract work

IV.   Financial Impact to Elcon as of 3I31I11

a.  Elcon job cost through 3/31/11            $20,439,052.00
b.  Elcon approved billings through 3/31/11    $14,771,560.00
c.  Elcon financial impact through 3/31/11      ($5,667,492.00)

V.   Closing Comments.

It is important for each of you to understand that Elcon is continually being vilified by the
Port of Seattle on this project. Elcon has suffered significant financial damages at the
hand of the Port staff. All of this has resulted from:
1. A poorly managed project schedule,
2.  Incomplete electrical design,
3. Woefully underfunded change orders,
4. Cost impacts associated with schedule acceleration,
5. And the cumulative impact of the Port directed changes to Elcon's base contract
work which have caused major labor inefciencies and losses.

We are very concerned. You should be too.

Thank you for your time.

0  Architectural Stairs and Rails  North architectural stair installation is complete. South architectural
stair installation is in progress. Architectural handrail installation commenced around the north
escalator core openings.

0  Architectural Metal Panels - Installation of architectural metal panels on level 6 (penthouse
mechanical and clerestory) is complete. Metal panel installation is in progress on electrical shafts and
Level 5 support buildings.

0  Temporary Erosion & Sediment Control  TESC items are being maintained. The site is in good
condition and ready for the ongoing winter/early spring weather.

Contractor Schedu e 

- RCF Substantial Completion date is November 15, 2011. Current progress schedule update shows a
negative seventy one day oat in the project schedule, with the critical path running through the QTA
power-up and commissioning and training. This is a 42 day time loss from what was reported on the
last update due to a slip in commissioning start date, driven by setbacks in power and electrical
systems completion. The Port continues to review the progress schedule for sequencing and logic ties
to validate the schedule status, and is working diligently with Turner staffto improve on the status of
activities and overall completion date. In addition, staff has authorized selective overtime for critical
path activities.
Cost Status Summary

See Cost Status Summary Table in PowerPoint Supplement page 3 for current cost information and page
4 for the trending of Construction Contingency costs over time.

0  Subcontractor Bids  closed

0  Risk Reserve  96 approvals have been issued, and 13 in review.

0  2% MACC (Maximum Allowable Construction Costs) Contingency  104 Change Orders executed
and 24 in review.

- Negotiated Support Services  42 approvals issued.

- Conforming Design Development Allowance  closed

0  Anticipated Scope Allowance  closed

0  Non-Suspension Related Contract Changes  481 Change Orders executed, and 132 in review. Port
staff is currently trending approximately $8,000,000 in potential claims from the GCCM and a major
Subcontractor.

0  Suspension Related Contract Changes  58 Change Orders have been written. One last claim relates
to the unsupported cost previously rejected by the Port from one subcontractor.

Off-Site Roadway Improvements - Construction Contract

Construction Status Summa

0  Construction progress is 37% complete.

0  Construction costs continue to exceed the originally budgeted amount by approximately $320,000 due
primarily to unsuitable soils and unknown conditions at WSDOT property. The Commission
approved transfer from unallocated program contingency to address the unsuitable WSDOT soils
appears to allow sufcient contingency funds for completing the construction project.
0  9 to 16 construction workers on site daily.

0  Overall project completion date remains the same

Page 2 of 6

Port-
of Seattle'
Customer Service Building  The awaited metal panels for the CSB clear story and penthouses have arrived
and installation is underway. The Interior build-out in both the lobby and lease spaces is progressing as
planned with wall 'aming nearing completion, lobby ceiling framing commencing and MEP rough in
continuing throughout. A potential delay for rerouting the vesda smoke detection piping may delay
completion of the ceiling drywall.
ORI  Progress continued in December in several areas as follows:

I   Curb on west side of S 160'h supporting the SCL vault relocation completed 12/9/10. Vault and sidewalk
work scheduled to complete 2/1/11.

The SRS 18 ramp continued with MS-09 work completing 12/15/10 with ne grade and the 1" li ofHMA.
The moment slab and barrier work is ongoing and expected to complete 2/7/11.

The Qwest work on SR 99 Bridge (milestone 3) continued with trafc set up and conduit hanger installation
completing 12/16/10. The remaining conduit related work is scheduled to complete 1/11/11 at which time
Qwest will start their 180 day period to relocate communication wiring under milestone 10.
SR 99 Retrot work commenced with drilling and doweling work on Piers 2 and 3. This is early opportunity
work with large oat.

BMF  Bus Maintenance Facility. No progress

I   The NTP and Mobilization for this project is being delayed while the contractor works to prepare and submit
the required Preconstruction Submittals.
Scheduling Risk
RCF-- There is four known potential risks to schedule as follows:
QTA delays affecting the start of Commissioning.

he extent of the impact is unknown at this time
until the design work and the material orders completed.

The impact to the correction notice in the QTA's is still being
determined and was not antici . ated.



Car Wash Equipment  the car wash equipment has been delayed due to two changes. The rst is for an
installation change switching a couple bays from car washing to light maintenance use. The second delay is
the trench drain from an upper car wash bay extends too far into a lower QTA car wash bay. The height
clearance is below minimum and requires redesigning of the upper bay drainage. These two changes could
push the completion of the car wash equipment past their commissioning start dates.

e crew ties from QTA 3 would
indicate an equivalent delay in QTA 4.

Weather delays. The ORI contractor has successfully completed the 2010 work and is on track to completing
the remaining work ahead of schedule. Weather could delay some work but shouldn't affect any remaining
Milestones.

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TABLE I
RECONIMENDATIONS FOR PCS AND CORRESPONDING FINDINGS 
Recommendations
Immediately implement and strengthen control procedures to assure that Engineers'
change order estimates are (a) prepared without knowledge of the contractors'
proposed amounts, and (b) change order estimates and cost analyses are fully and
completely documented. Where cost or price analysis is used to evaluate change
order proposals, POS should require full and       documentation of these
complete
~_-
7.
Uncle m e a reVIew 0 all major recent and ongoing projects to identify cases where
engineers' estimates and contractors' proposed amounts are consistently the same
and, in such cases, undertake a further evaluation of the underlying causes; followed
b remedial actions as a uI'O riate. 
Revise its SOP Manual to include specic guidelines for proper and accurate change
order documentation. POS should provide training to its consultant staff/construction
ers to imrove the manner in which POS is documentin_ uro'ect change orders.
.
Develop Standard Operating Procedures (SOPs) that align with industry practices.       lC
Current POS SOPs do not provide adequate information regarding change order
otiations.
POS management should take immediate steps to assure that POS rigorously enforces
all contractual schedule requirements. Then, when requests for time extensions are
made, they can and should be properly evaluated. POS should also provide more
oversight of the Change Order process to ensure that estimates are properly created
and used.
Immediately cease its informal method ofresolving change order differences, and
that POS improve its change order documentation requirements to include that details
of change order negotiations must be based on discussions of scope/means and
methods/ uricin; differences.

Improve its management information systems to provide more accurate and up-to-
date information regarding project and contract expenditures. POS should develop a
better means for tracking actual project expenditures against initial estimates to
.revent unforeseen cost overruns.
Develop and include in all contracts a "cost limitation" clause that advises contractors
that they should not accept work authorizations or perform any work that would result
in exceedin 1 the maximum amount of the contract.
10.   Controls should be implemented to prevent specic companies from being added to
randoml -enerated PCS bid lists b ro'ect mana ement n ersonnel.
ll.   Evaluate all of its PCS contracts during the past three years to determine other
instances where the practice of lapping contractor invoices occurred and take
a ro riate corrective actions.
12.   Conduct a more detailed investigation of this contract SWV-311608 to determine
how and why the preferred electrical contractor was added to the bid list, contact the
other bidders on the list to determine if they were aware of the procurement, and
initiate follow u actions as a ro riate.
13.   Take immediate steps to review and enforce its policies and procedures for awarding      2A
PSA contracts and establish controls to ensure that competition requirements are not     2B
circumvented.                                                 2-D

COlIOIIE)
Company                           1"all"
17                              IONSUITAk'l

Turner's     Turner's
START DATE  FINISH DATE
Schedule:    Schedule:
per Restart    per Restart
Activity Name                                        Actual or     Actual or   Days Late
Schedule of   Schedule of
Current Start  Current Finish
8/4/09       8/4/10
Date                                                                                                                                         "19/2011

Remove Reshores at Area A A to ES                             12-Feb-10
-5365    Remove Reshores at Area A E5 to L                    2-Mar-10     5-Mar10
5375   Remove Reshores at Area B A to E5                26Mar-10   31-Mar-10
6385   Remove Reshores at Area B 15.5 to L                20- -r-10   23- -r-10          26-Jul-10 A
Remove Reshores at Area C A to ES                   14-Ma -10    19-Ma >10
Remove Reshores at Area C ES to L                    2-Jun10     7-Jun-10            13-Au-10 A
Remove Reshores At Area D                         8-Se- 10    13-89-10.           13-Nov-10 A
Remove Reshores At Area E                          1-Oct-10     7-Oct-10            11-Dec-10 A
Remove Reshores At Area F                         21-Oct-10    27-Oct-10            07-Jan"11 A
_ Avera- e            "iii:II- I
A-Inten'or CMU Walls L1                          mm 17-Mar-10             25-Jun-10 A
A-Inierior CMU Walls 12                              18-Mar-10    26-Mar-10              08-Jul-10 A
29-Mar-10     6~ -r-10


AVe - e
llii
'                                                                         Glnterior CMU Walls L1                                        28-Ma ~10             09-Se- 10 A
CInierior CMU Walls L2                                         9-Jun10             22-Se- 10 A
Clnterior CMU Walls L3                              10-Jun10    18-Jun-10             04-Oct-10 A
Clnterior CMU Walls L4                              21-Jun10    29Jun~10

Avera . e

Permanent Power -On Milestone

DATE
REDESIGN

Start date 3/17/09
Redesin - CB17/DCN14 Selective Coordination Stud           8/17/2009
Redesin - CB48IDCN33 Feeders & Transformers & Panels       "28/2010
10/25/2010
4/20/2010
-_
_
I. I        "III-IITm")-AWAITING MATERIAL DELIVER
Stan Date 10/6/09
.                           1. NOT RELEASED T0
"
ELEASED 4/12/11
' I.    1016/2009
__._______' NOT RESOLV
OTHER ISSUES Not a com-
Redesi n - Elevator Pit U htin
I
Redesin - Escalator Truss Heaters
Redesin - Escalator Disconnect
- AHUs Insufcient Clearance
Redesi-n - Fuel Controls Tenninaiion Schedule
Redesin - Undersized Groundin- Paddles at 7 Transformers
Redesi-n - Fire Alarm Control Panel and Batte  Closets

Main Electrical Rooms 1017 a 1018)
Late Release                                    5/26/2010    9/15/2010
8'0 WM 230                         1110/2011   4111/2011_
L&| Correction - Undersized Ground \Mres
4/12/2011
2/1/2011

CONSOLIDATED RENTAL CAR FACILITY
GRAPHIC TO SUMMARIZE DELAYS AND
CHANGES TO ELECTRICAL WORK
MAY 3, 2011

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