Item No.: 8g_Supp
Date: April 16, 2024
Fishermen’s Terminal ADA Compliance Phase 2:
Additional Funding and Construction
Authorization Request
Commission Meeting | April 16, 2024
Jennifer Maietta – Director, Real Estate Asset Management
Julie Yun – Waterfront Capital Project Manager

                Action Requested
Request Commission Authorization from the Executive Director to:
Request Commission authorization for the Executive Director to 1.
Approve additional funding, and 2. Advertise and execute a major public
works  construction  contract  for  the  completion  of  the  U00721
Fishermen’s Terminal ADA Compliance Phase 2 Project (CIP# C801198).
This request is in the amount of $1,100,000 for a total estimated project
cost of $2,890,000.

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                Project Background
•  Litigation Settlement Agreement (10/5/2020):
– Port committed to address alleged Americans with Disabilities Act (ADA) code violations
within the Fishermen’s Terminal parking areas by 10/5/2022.
•  Phase 1 FT ADA Compliance (C801198/U00658)
– Construction completed by Port Construction Services (PCS): 1/8/2023
– Third-party post-construction survey reported remaining areas out of compliance with
2010 ADA design standards (e.g., ramps were too short and steep).
•  Phase 2 FT ADA Compliance (C801198/U00721):
– Scope: Correct ramps, sidewalks and parking areas that are out of compliance
(demolition, regrading, paving/pavement overlay, pavement marking, landscaping)
– Construction will be performed by an external general contractor procured via major
public works construction contract.
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                    Risk Mitigation
• Construction resource will be procured via Major Public Works
Construction contract to establish contractual accountability
and not-to-exceed cost limit for full delivery of design.
• Engagement of the new Port Facilities Access Program
Manager specializing in ADA requirements for review and
guidance through duration of project.

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              Tenant Impact Mitigation
• Tenant impact will be minimized through the following
coordination:
– External relations outreach and coordination.
– Additional tenant-specific communication by on-site Real Estate and
Maritime Operations staff.
– Construction contract terms to include access and phasing
accommodation
– Timing of work to commence October 2024 after busy season.
– Internal coordination to limit conflict with other projects occurring at
Fishermen’s Terminal.
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                 Funding Request
•  Additional Funding Request: $1,100,000
•  Justification:
1. Tenant Impact: Minimize tenant impact through construction phasing and
outreach.
2. Compliance: Phase 1 original construction did not meet ADA compliance
requirements per project design. Phase 2 re-work will be required to meet full ADA
compliance via external construction contract.
3. Litigation: The conditions of the Litigation Settlement Agreement have not been
met, as Phase 1 construction did not meet ADA compliance requirements per
project design.
4. Funding: Current project funding has been exhausted as of Phase 1 original project
completion. Additional funding required to proceed with Phase 2 re-work scope.
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                     Timeline
Milestone                                                         Date
Commission – Additional Funding and Construction Authorization        Apr 2024
Advertisement                                                    Jun 2024
Phase 2 Construction start                                               Oct 2024
Phase 2 Substantial Completion                                        Dec 2024


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                      Questions


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