Issue: Protest 006 — DSC 006 — Clay Layer ESU 2C
Incoming Letters: Skanska LTR 246 (Oct 1, 2025) — Notice of Protest. Skanska LTR 291 (Dec 8, 2025) — Supplement.
Protesting: WSDOT SL 9727-162 (Sep 18, 2025) — denial of DSC 006
Response Due: Within 21 calendar days of supplemental receipt (from Dec 8, 2025)
| ID | Incoming Assertion | WSDOT Response | Authority | Disposition |
|---|---|---|---|---|
| LTR291-1 | Reliance on a Reference Document (GDR) at DB’s risk. “Incorrect overburden values” in the GDR are factual numerical miscalculations stamped by WSDOT, not matters of professional judgment. RFP §1-02.4(2).1 does not apply. WSDOT cannot avoid responsibility by re-labeling the document. | No evidence establishes that the alleged OCR/overburden issue was not discoverable through reasonable investigation. Discrepancies between design unit weights used for other analyses and GDR values should have been recognized and reconciled during geotechnical evaluation. RFP §1-02.1 assigns full design responsibility. RFP §1-02.4(2) makes no warranty. RFP §1-03.5 requires seeking written instructions upon discovering apparent errors. | RFP §1-02.1, §1-02.4, §1-02.4(2), §1-03.5 | Deny |
| LTR291-2 | Lack of evidence showing reasonable effort to verify assumptions. 245+ additional explorations, SIPs, lab testing, and monitoring meet the “reasonable investigation” standard. Industry practice does not require replicating WSDOT’s multi-year exploration program during a compressed procurement window. | “Reasonable investigation” under RFP §1-02.4 includes reasonable analysis and interpretation, not just volume of data collection. The GBR governs the contractual baseline per §1-02.4(2). Selecting unconservative median values from a small dataset without sensitivity analysis is not reasonable interpretation. Appendix G03 Vol 1 historical settlement data (1956–1967 predictions consistent with observed magnitudes) provides context bearing on foreseeability — cited as context, not a warranty. | RFP §1-02.4(1), §1-02.4(2), §1-02.2 | Deny |
| LTR291-3 | Settlement Meets DSC Definition. Surcharge settlement data and backcalculated parameters demonstrate material difference from GDR/GBR baseline under §1-04.7(a) and unusual nature under §1-04.7(b). | DSC definition requires conditions materially different from baseline AND not discoverable from reasonable investigation. Burden of proof under §1-04.7(1) not met. Historical G03 data includes settlement predictions of 0.5–2 ft from approach fills and year-scale settlement planning. The DB’s selected means and methods can influence soil behavior per §1-02.4(2). Stone column installation reflects disturbance to the clay layer based on pre- and post-CPT investigations performed by the DB. | RFP §1-04.7, §1-04.7(1), §1-02.4(2) | Deny |
| LTR291-4 | GBR baselined poor ground — classification vs. magnitude. The material difference lies in the magnitude and behavior of the soft clay layer, not the generic classification. Settlement behavior was unusual and inconsistent with laboratory testing. | GBR §3.2.7 does not merely “classify” ground as poor. It expressly assigns the DB responsibility to “assess these poor ground conditions and their related significance to the structure and the overall design performance to be achieved.” “Significance” and “design performance” inherently encompass magnitude and behavior. GBR Table 1 (pp.10–11) baselines poor ground in the Sammamish River Valley (MP 23.59–24.00) without Footnote 3’s 10-foot depth limit. DSC 006 structures are in this zone. | GBR §3.2.7, GBR Table 1, RFP §1-02.4(2) | Deny |
| LTR246-5 | Reservation of Rights. Skanska reserves all rights including entitlement to equitable adjustment and access to DRB per §1-04.5(1). | Noted. WSDOT likewise reserves all rights. Dispute procedures per §1-04.5(1) are conditions precedent to any claim under §1-09.11. | RFP §1-04.5, §1-04.5(1), §1-09.11 | Noted |
| ID | Anticipated Counter | WSDOT Pre-emption | Authority |
|---|---|---|---|
| CA-1 | RFP §2.6 requires DB to use GDR, creating a reliance right. Because §2.6 states geotechnical analyses “shall be based on… information contained in the GDR,” the DB had a contractual right to rely on GDR values without independent verification. | §2.6 requires the DB to review and use available GDR information as part of its overall geotechnical evaluation. It does not convert the GDR into a warranty by WSDOT or shift the risk allocation established by §1-02.4(2). “Use” is not “rely without question.” The DB retains the obligation to reconcile inconsistencies and exercise engineering judgment. | RFP §2.6, §1-02.4(2), §1-02.2 |
| CA-2 | Volume of explorations (245+) proves reasonable investigation. | “Reasonable investigation” includes analysis and interpretation. Selecting unconservative medians from a small dataset and failing to reconcile inconsistencies is not reasonable interpretation regardless of exploration volume. | RFP §1-02.4(1), §1-02.4(2) |
| CA-3 | OCR values are “factual miscalculations,” not professional judgment. | Even if GDR values contain errors, §1-03.5 requires DB to seek instructions upon discovering apparent errors. The discrepancy should have triggered this duty. §1-02.4(2) makes no warranty. | RFP §1-03.5, §1-02.4(2) |
| CA-4 | Appendix G03 creates a WSDOT warranty of settlement behavior. | G03 is Reference Information per §1-02.2, provided at DB’s risk. Not a warranty or baseline. Cited only as context bearing on foreseeability. The fact that historical data was available and documented similar settlement magnitudes undercuts the “not reasonably anticipated” claim. | RFP §1-02.2, §1-02.4(1) |
| CA-5 | Stone column disturbance is unforeseeable, not a design decision. | §1-02.4(2) provides that means/methods can influence soil behavior. Pre- and post-CPT results reflect disturbance from DB’s own installation operations. This disturbance has the potential to degrade soil structure and exacerbate settlement behavior. Ground improvement method, installation sequence, and spacing are means-and-methods decisions within DB’s risk framework. | RFP §1-02.4(2) |
DSC006 Response Matrix — Last updated 2026-03-05