DB Assertion

Contract drawings, conceptual plans, and Appendix N1 all depicted the same vault dimensions. Skanska relied on this information to develop its proposal. No patent ambiguities were discoverable — vault access lids were inaccessible during bid, covered with grass, with no ladders present. (Skanska LTR 165 (Apr 2025), Skanska LTR 176 (Apr 2025))

WSDOT Position

Section 1-01.3, Definitions and Terms and Section 1-02.2, Certifications and Representations are explicit — Reference Documents are informational and relied upon at DB’s own risk. Section 1-02.4, Certifications and Representations required site examination. The contractual risk allocation does not change based on the magnitude of the discrepancy.

Skanska’s own LTR 124 aerial photo shows 7 surface-visible access points spanning 292.96 ft — nearly 100 ft longer than the ~195 ft depicted in the Appendix N1 as-built drawings. These access points were observable from the surface without vault entry or subsurface investigation. Section 1-02.4(1) required examination of conditions “discernible from the surface” — access point locations qualify. A prudent design-builder whose staging plan depended on the vault would have verified as-built dimensions against observable surface conditions. The ITP provided a process for site access with traffic control.

DB Assertion

Cleaning, investigation, load rating, and shoring were necessary to evaluate and prepare Vault NW12 for Skanska’s staging plan. The work was required as part of Segment 3 drainage system evaluation. (Skanska LTR 124 (Feb 2025), Skanska LTR 176 (Apr 2025))

WSDOT Position

Section 2.14.5.6, Stormwater listed Vault NW12 for fill-and-abandon. Skanska’s decision to stage traffic over the vault — rather than proceed toward abandonment — drove the need for load rating, shoring, and structural analysis. Staging and interim works are DB means and methods under Section 2.22.1, Maintenance of Traffic.

DB Assertion

The Load Rating Report was transmitted to WSDOT on May 5, 2025 (BY-CRE-02517). The ongoing review process — including multiple rounds of comments with no confirmed approval date — has prevented the planned traffic switch and caused delay. Skanska seeks a 91-day extension. (Skanska LTR 202 (Jun 2025), Skanska LTR 221 (Aug 2025))

WSDOT Position

Section 2.13.7.4, Bridges and Structures requires the Load Rating Report at least 90 days before opening to traffic. The May 5 document (BY-CRE-02517) was logged as a transmittal, not a formal submittal — the formal PRE submittal (BY-CRE-03898) did not reach WSDOT until November 12, 2025. Regardless of how the May 5 transmittal is classified, Skanska LTR 202 (Jun 2025) acknowledges a planned June 6 traffic date — approximately 31 days after transmittal, against a 90-day contractual requirement.

WSDOT engaged substantively with the May 5 transmittal and raised legitimate technical concerns: structural load factoring, shoring design adequacy for dynamic loading, unknown concrete and rebar properties, confined-space access for rescue, and Doka prop longevity under live traffic. The project record shows four months of iterative technical review (Jun–Sep 2025) with multiple rounds of WSDOT feedback and in-person meetings. At the July 24 meeting, WSDOT flagged that the Doka screw jack installation did not meet AASHTO requirements. At the July 31 meeting, WSDOT presented analysis showing shoring may not have been needed. At the August 5 meeting, WSDOT confirmed it was “ok without shoring” and stated the “shored approach will not be accepted” without a full AASHTO-compliant design. On August 18, Doka representatives explicitly disclaimed responsibility for reshoring design, stating this was “outside Doka’s area of practice and expertise.”

Skanska’s own subconsultants reached the same conclusion: 4M Engineering’s May 2025 report (BY-CRE-02517) concluded the vault was “sufficient to support traffic loads without shoring” (NRL = 1.00). AECOM’s November 2025 independent check (BY-CRE-03898) produced even higher ratings (NRL = 2.04, HL-93 Inventory = 1.31, Operating = 1.70) using a CSiBridge analysis with both pinned and fixed boundary conditions. When Skanska did submit formally (BY-CRE-03898 PRE, Nov 12), WSDOT returned comments within 5 days (Nov 17). Skanska addressed the comments and transmitted the RFC (BY-CRE-04073) within 7 days (Nov 24). The formal submittal process (PRE → RFC) completed in 12 days; the extended timeline resulted from Skanska’s pursuit of an unnecessary shoring approach that its own engineers, WSDOT, and the shoring manufacturer all identified as problematic.

Note: Procore shows no review comments for BY-CRE-02517, while the RCSR in project files shows 14 WSDOT comments. The record does not show how these comments were resolved. Substantive review activity occurred outside the formal Procore workflow, particularly via email between the project structures team and Skanska (Jun 4 – Sep 4, 2025).

DB Assertion

Vault NW12 had never been cleaned; sediment accumulation required significant removal effort. Skanska seeks compensation for all cleaning, investigation, and related activities. (Skanska LTR 165 (Apr 2025), Skanska LTR 176 (Apr 2025), Skanska LTR 202 (Jun 2025))

WSDOT Position

WSDOT acknowledges deferred maintenance and offers limited compensation for the Feb 3–13 initial cleanout, evaluated as Force Account per Section 1-09.4, Equitable Adjustment/Section 1-09.6, Force Account and Appendix D (M51-01). Work beyond that window — shoring, lid investigation, scanning, structural modifications — was driven by DB’s design approach, not maintenance restoration.

Highway Runoff Manual Table 5-12 defines maintenance standards for closed treatment systems. Required maintenance is limited to sediment removal, clearing plugged air vents, sealing open joints, and repairing structural cracks. None of these standards require load rating analysis, shoring design, lid thickness investigation, or traffic staging support.

DB Assertion

As the highway owner, WSDOT had knowledge of and responsibility for infrastructure within its right of way. (Note: Skanska has not specifically characterized Vault NW12 as a “utility” in protest correspondence. If this characterization arises, WSDOT has a prepared response.)

WSDOT Position

Vault NW12 is highway drainage infrastructure excluded from “utility” classification under WAC 468-34-110(52). The Contract’s Reference Document disclaimers apply.