8g. Memo - Elevator Shafts and Vestibules Change Order

COMMISSION 
AGENDA MEMORANDUM                        Item No.          8g 
ACTION ITEM                            Date of Meeting    September 14, 2021 
DATE:      August 27, 2021 
TO:        Stephen P. Metruck, Executive Director 
FROM:    Tina Soike, Director Engineering Services 
Janice Zahn, Assistant Engineering Director, Construction Services 
SUBJECT:  Elevator Shafts & Vestibules  (MC-0319902/WP#U00434/CIP#C800789)  Change
Order Over 60 Days 
ACTION REQUESTED 
Request Commission authorization for the Executive Director to execute a change order to
Contract MC-0319902 Elevator Shafts & Vestibules to add 233 Calendar days to the Contract
duration to reconcile the contractual completion date to the actual completion date. 
EXECUTIVE SUMMARY 
This change order requires  the addition of 233  calendar days to the Contract  duration.
Commission action is required under the General Delegation of Authority because the Change
Order includes a time extension of more than sixty days. No additional project funding is required 
with this request. 
Description of Change Order 
This change order revises the contract completion date and establishes the amount of liquidated
damages to be collected from the Contractor. 
Background 
The intent of the Elevator Shafts & Vestibules project was to fully weatherize the parking garage
elevator towers above the 8th floor deck in the B and C sections of the garage prior to the
installation of new elevators in the B and C shaft towers under a subsequent project. Prior to this
project, during periods of heavy or prolonged rain, water penetrating the towers could be seen
4 to 5 floors below. The project also installed fall protection rails on the roof of the B and C towers,
eliminated slip/trip hazards, and improved the customer experience in the elevator lobbies. 
On June 9, 2020, the Port executed a construction contract with Swinerton Builders in the
amount of $1,838,838.92. The Contract has experienced both cost growth and schedule delays 
due to design changes and varying site conditions. The contractor also ha d issues scheduling
critical work by subcontractors to meet the required completion date. With the schedule
challenges, the Port and the Contractor mutually agreed to suspend the project for 95 days to

Template revised September 22, 2016.

COMMISSION AGENDA  8g                                              Page 2 of 3 
Meeting Date: September 14, 2021 
avoid poor installation outcomes when installing traffic coating in the winter months and allows
the required time to procure materials that had longer than anticipated lead times. 
These issues have extended the current Contract completion 233 days beyond the contract
specified date of January 5, 2021 to the new contract completion date of August 26, 2021. The
Port will issue a change order to include the 95 days of mutually agreed to suspension time.  The 
change order will also include 66 Non-Excusable and Non-Compensable Days and 72 Excusable
and Non-Compensable Days. The Change Order also includes Liquidated Damages in the amount 
of $85,800.00 for the 66 days of Non-Excusable and Non-Compensable Days. The contractor has
not agreed to accept the Liquidated Damages being assessed and they have not yet submitted
information which the Port finds  compelling justification  to support any relief from the
assessment of liquidated damages. The current value of the Contract is $1,967,040.05.
FINANCIAL IMPLICATIONS 
There is no additional funding being requested with this action. 
ALTERNATIVES AND IMPLICATIONS CONSIDERED 
Alternative 1  Do not authorize the issuance of the Change Order, continue further negotiations. 
Pros: 
(1)   Further negotiations may result in a bi-lateral agreement with the Contractor. 
Cons: 
(1)   Does not start the timelines in the contract to begin the contractually established tiered
dispute resolution process. Delays project closeout and increase Port costs to continue
negotiations.
(2)   Will require the project to return to Commission for approval of a future change order
to resolve the contract days in excess of 60 days. 
This is not the recommended alternative. 
Alternative 2  Authorize the issuance of the Change Order to extend the Contract duration by
233 days. 
Pros: 
(1)   The Port staff has analyzed the schedule delays and established the change order
amount and time extension that is fair and reasonable. 
(2)   Puts the Contractor on a contractual timeline for providing any additional information
which might support relief from Liquidated Damages from being accessed.


Template revised September 22, 2016; format updates October 19, 2016.

COMMISSION AGENDA  8g                                              Page 3 of 3 
Meeting Date: September 14, 2021 
Cons: 
(1) Contractor may dispute this change order and it will proceed through the contractual
Dispute Resolution process which may result in additional staff time on the project and
potential legal expenses. 
This is the recommended alternative. 
ATTACHMENTS TO THIS REQUEST 
None 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS 
May 8, 2018  The Commission authorized $595,000 to design and prepare construction
documents for the initial phase of the Parking Garage Elevators Modernization project at
the Seattle-Tacoma International Airport. 
January 14, 2019   The Commission authorized $4,251,500 to  prepare design and
construction bid documents for Phase 2 of the Parking Garage Elevator Modernization
project at Settle-Tacoma International Airport and use Port of Seattle crews and small
works contracts for preliminary work if required. 
October 14, 2019  The Commission authorized $2,155,000 to advertise and execute a
construction contract for the first phase of the Parking Garage Elevator Modernization
project at the Seattle-Tacoma International Airport. 








Template revised September 22, 2016; format updates October 19, 2016.

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