P014 Position Map

Issue: Protest 014 — NB405 Bridge 405/103E Widening — ATC-1 Interpretation
Incoming Letters: Skanska LTR 356 (Feb 20, 2026) — Notice of Protest; Skanska LTR 370 (Mar 6, 2026) — Supplemental per GP 1-04.5(2)
Protesting: WSDOT SL 9727-262 (Feb 6, 2026)
Supplemental: RECEIVED March 6, 2026. Skanska LTR 370 with AECOM Notice of Protest Supplemental Information (11 pp.) and Skanska Cost Estimate (1 p.).

Section 1: LTR 356 Assertions and Responses

IDIncoming AssertionWSDOT ResponseAuthorityDisposition
LTR356-2a ATC-1 expressly contemplates design flexibility. Item 3 “final design…determined during final design” means details not locked in. Item 3 addresses HOW to combine, not WHETHER. “Combining” presupposes combination. “Final design” refers to engineering details within that concept. ATC-1, Page 3, Item 3; GP 1-03.2 clause 3 Deny
LTR356-2b ATC-1 does not require full structural continuity. “Widened to match” (Item 6) = dimensional matching. Read together with Items 3, 4, Figure 2, “match” means dimensional AND structural compatibility. Item 3 “combining,” Item 4 pier wall per Figure 2, Figure 2 shows “COMBINED SPREAD FOOTING.” RFP Section 2.13.4.1.2 independently requires “continuous beam across the pier.” ATC-1 Items 3, 4, 6; Figure 2; RFP 2.13.4.1.2 Deny
LTR356-2c GP 1-03.2 clause 3 is misapplied. Applies to “offers of higher quality,” not locking in design. Clause 3 covers three categories: higher quality items, additional services, OR terms “more advantageous to WSDOT.” Continuous widening qualifies. One-directional: binds DB. GP 1-03.2 clause 3 Deny
LTR356-2d Forward Compatibility acknowledged as incorrect undermines SL 9727-201. Corrected terminology, not position. SL 9727-237 reaffirms ATC-1 requirement. Two separate issues. SL 9727-237; ATC-1 Items 3, 4, 6 Deny
LTR356-2e DBIC not appropriate. WSDOT inconsistent on ATC figures (ATC-8). ATC-8 = roadway cross-section (bike lanes), different domain. ATC-1 position rests on TEXT (Items 3, 4, 6), not solely figures. ATC-1 Items 3, 4, 6; ATC-8 Deny
LTR356-3 Extension request — 14 additional days. Denied per WSDOT SL 9727-277 (Feb 23, 2026). GP 1-04.5; SL 9727-277 Deny
LTR356-4 Reservation of rights. Noted. WSDOT likewise reserves all rights. GP 1-04.4(5)(n). GP 1-04.4(5)(n) Noted

Section 2: Supplemental Assertions (LTR 370, March 6, 2026)

IDIncoming AssertionWSDOT ResponseAuthorityDisposition
LTR370-2a Comment #9 closure (Nov 19, 2024) constitutes acceptance. WSDOT closed preliminary design comment where AECOM stated widening would be separated. Verified RCSR shows Comment #9 (Terry Bondy, sheet BF06) asked “Please explain why a closure pour is NOT shown” — questions an OMISSION. AECOM mischaracterizes as neutral inquiry. GP 1-03.7: “approved” = conformance to contract. Pang did not close it. No DBIC filed = DB did not view as contract modification. AECOM’s language escalates from “closed” (p.2) to “confirmed acceptance” (p.7). GP 1-03.7; GP 1-04.4 Deny
LTR370-2b Changed geotechnical conditions invalidate deep footing rationale. No liquefiable soils at Piers 2/3. Changed conditions don’t change contract text. ATC-1 obligation is unconditional. Proper path is DBIC. WSDOT offered to support DBIC removing infill shear walls. ATC-1 Items 3, 4, 6; GP 1-04.4 Deny
LTR370-2c BDM 15.2.10 code compliance concerns. In-ground plastic hinges hard to inspect. Design challenge, not contract interpretation. DB accepted obligation per GP 1-04.4(5)(n). If approach can’t satisfy code, submit DBIC. GP 1-04.4(5)(n) Deny
LTR370-2d Traffic/construction impacts of closure pour on 228th Ave. Implementation challenge, not contract issue. GP 1-04.4(5)(n). Foreseeable when DB proposed ATC for bridge over live roadway. GP 1-04.4(5)(n) Deny
LTR370-2e Industry practice (Caltrans MTD 9-3, Talbot Road) supports separate substructures. External standards don’t override specific contract language. Different bridges, different contracts. ATC-1 is project-specific. ATC-1 Items 3, 4, 6; RFP 2.13.4.1.2 Deny
LTR370-2f 11 months of good-faith design reliance. Designed Nov 2024–Oct 2025 based on “accepted” approach. DB had contract text throughout. Comment closure doesn’t create vested right. Design after Mar 2025 was despite WSDOT objection. RFI 461 shows DB knew approach was disputed. GP 1-03.7; ATC-1 Deny
LTR370-4 Cost claim: $1,406,243. AECOM $1,071,847 + Skanska $334,396. Not entitled. No change occurred. GP 1-04.4(5)(n) makes ATC costs DB’s responsibility. GP 1-04.4(5)(n) Deny
LTR370-5 Schedule claim: +6 months design, +4 months RFC. Not entitled. No change. GP 1-04.4(5)(n) and (5)(m). GP 1-04.4(5)(n), (5)(m) Deny

Section 3: Pre-empted Counter-Arguments

IDAnticipated CounterWSDOT Pre-emptionAuthority
CA-1 Item 3’s “final design…determined during final design” = nothing binding. “Combining” presupposes combination. Flexibility in how does not equal freedom to not combine. ATC-1, Page 3, Item 3
CA-2 GP 1-03.2 clause 1: ATC-1 “additional details” control. Clause 1 supports WSDOT. ATC-1 provides details describing structural continuity. No conflict with widening requirement. GP 1-03.2 clauses 1 and 3
CA-3 AECOM asserts “our design is contract compliant.” DB does not unilaterally determine compliance. GP 1-03.5: ambiguities interpreted consistent with project standards. GP 1-03.5
CA-4 GP 1-01 ATC definition — modified only the drilled shaft requirement. ATC modified contract requirements with a COMPLETE structural system: combined spread footings, pier walls, continuous widening. DB Proposal: “228th St Foundation Optimization.” GP 1-01; DB Proposal

P014 Response Matrix — Last updated 2026-03-19