Protest 021 - Executive Summary

Protest 021 - Fish Passage Streambed Material Gradation. Issue SKA-0320. Contract No. 9727, I-405 Brickyard to SR 527 Improvement Project. Draft for internal review.

• August 27, 2024. Fish Passage Task Force Meeting #18 minutes record a "Per WSDOT" notation on proceeding with over-coarsened streambed material at five crossings.
• November 1, 2024. WSDOT responds to the design consultant with guidance on documenting the over-coarsened approach.
• January through March 2025. WSDOT review comments on the Final Hydraulic Design submittals raise concerns with the increased streambed material size.
• February 2026. Task Force consensus. Three crossings revert to within 20 percent of existing. Juanita Creek continues to pursue an over-coarsened design.
• March 27, 2026. The Design-Builder filed a Notice of Equitable Adjustment (Skanska LTR 388 dated March 27, 2026).
• April 10, 2026. WSDOT found no Owner-Initiated Change or equitable adjustment warranted (WSDOT Serial Letter (SL) No. 9727-318 dated April 10, 2026).
• April 24, 2026. The Design-Builder filed its Notice of Protest 021 (Skanska LTR 411).
• April 30, 2026. WSDOT extended the supplemental statement deadline to June 5, 2026 (WSDOT SL No. 9727-333).
• June 5, 2026. The Design-Builder filed its supplemental written statement, restated at $433,789 and 1,751 design hours (Skanska LTR 459).
• June 25, 2026. WSDOT determined the aggregate filing insufficient under General Provisions (GP) 1-04.5 Procedure, Protest, and Dispute by the Design-Builder, and directed a separate letter for each crossing (WSDOT SL No. 9727-380).
• July 9, 2026. The Design-Builder refiled as four per-crossing letters totaling $530,421.40 (Skanska LTR 476, LTR 477, LTR 478, and LTR 479).
• July 30, 2026. WSDOT Written Determinations due. Four drafts are complete and in internal review.

1. The Matter

Four fish passage crossings were designed with streambed material coarser than the Contract permits. Technical Requirements (TR) 2.30.5.2.1 Certain Structure and Channel Design Characteristics requires compliance with Table 2.30-B, which specifies bed material "20% (max.) coarser than existing." The designs were later brought within that limit. The Design-Builder asserts that WSDOT directed the over-coarsened approach at Task Force meetings and in a November 1, 2024 email, then reversed course through design review comments, and that the resulting redesign is a compensable Owner-Initiated Change. The question is whether any WSDOT direction was issued, or whether correcting the design to meet Table 2.30-B was the Design-Builder's responsibility.

2. WSDOT's Position

Table 2.30-B bound the Design-Builder from Contract execution, independent of the timing or outcome of any WDFW review. No Change Order was issued, and GP 1-02.1 Responsibility for Design provides that field explanations at meetings and comments on Design Documents do not amend the Contract. GP 1-03.7 Approvals and Acceptances provides that WSDOT reviews do not constitute approval or acceptance and may not be relied upon by the Design-Builder. The assertion that releasing designs for construction ratified the over-coarsened approach also fails on the record: WSDOT never accepted the over-coarsened design. Releasing designs for construction is the Design-Builder's act under GP 1-02.1, which makes detailed design the sole responsibility of the Design-Builder, and at Juanita Creek and Queensborough SR-527 the Design-Builder advanced its designs while WSDOT's review comments on the gradation remained unresolved. There was no acceptance on which to rest a ratification claim. Under GP 1-04.4(1) WSDOT-Initiated Changes, design changes made to meet Contract requirements or correct deficiencies are the Design-Builder's responsibility and are not a change in the Work. Each crossing presents a distinct design history and review record, and each is evaluated as a separate matter. WSDOT finds the protest without merit. No adjustment to Contract Price or Contract Time will be allowed at any of the four crossings, and no Owner-Initiated Change will be issued.

3. The Four Crossings

1. Juanita Creek (Skanska LTR 476, 460 hours, $133,495.45). The only crossing where site constraints are still asserted, and the only one that continued to pursue an over-coarsened design after the February 2026 consensus. The Design-Builder cites geomorphic conditions, sediment supply, and upstream barriers. Those are Site conditions the Design-Builder is responsible for addressing through design under GP 1-02.1 and GP 1-02.4(1) Examination of Site of Work. The July 8, 2026 attachment revises the proposed gradation downward to a D50 of 3.1 to 3.6 inches, from the 7.44 inches the design team's Final Hydraulic Design had asserted as necessary. The attachment compares the revised values to the "previously proposed gradation from the WSDOT Draft PHD," a D50 of 3.89 inches. That document is the draft Preliminary Hydraulic Design that WSDOT provided with the RFP, and under TR 2.30.7.3.1 Preliminary Hydraulic Design Report the Draft PHDs are Reference Documents that "shall not be construed to provide Contract requirements or guarantees." The design team did not carry that reference value forward. Its June 2024 Preliminary Hydraulic Design proposed a D50 of 6.96 inches, nearly double the reference value, and its Final Hydraulic Design reached 7.44 inches. The revision to 3.1 to 3.6 inches sits below even the reference value, which is consistent with a correction of the design team's own calculation approach rather than with a WSDOT-directed change.

2. North Fork Perry Creek (Skanska LTR 477, 521 hours, $150,886.90). The design was revised to a gradation within Table 2.30-B through NDC 152. The Design-Builder's design documents for this crossing state that no significant constraints exist to justify an over-coarsened channel. The asserted hours and amounts are identical to those submitted for Queensborough I-405.

3. Queensborough I-405 (Skanska LTR 478, 521 hours, $150,886.90). Revised within Table 2.30-B through the same NDC 152. No site-constraint ground is asserted for this crossing beyond the material shared across all four letters, so the claim narrows to reversal and rework. The cost table matches North Fork Perry Creek line for line.

4. Queensborough SR-527 (Skanska LTR 479, 319 hours, $95,152.15). Released for construction on May 4, 2026 with streambed material within Table 2.30-B. The Released for Construction documentation states that "no significant constraints exist to justify an over coarsened channel" and selects the alternative within 20 percent of the existing gradation. The Design-Builder's final engineering record for this crossing confirms the Contract gradation is achievable and stable. This is the lowest asserted amount of the four.

4. The Cost Submittals Are Allocated, Not Derived

Each letter presents totals by discipline with no rates, no named staff, no task breakdown, and no time records. Read together, the four tables show the aggregate figure divided rather than four independent estimates:

• The four TR 2.30 Water Crossings lines sum to $364,687, which is the previously asserted aggregate figure to the dollar.
• The design quality management line is $6,864 in every letter. Four times that amount equals the aggregate figure exactly, across crossings whose engineering hours range from 251 to 449.
• Skanska LTR 477 and Skanska LTR 478 are identical in every line and in total.
• The four letters sum to $461,236, exceeding the aggregate they incorporate by $27,447. The entire increase sits in general and management hours, and no letter explains it.

Given the Determinations, no further evaluation of the asserted amounts is required. The substantiation defects are available if any cost discussion follows.

5. Determinations

Four separate Written Determinations, one responding to each letter, issued the same day under consecutive SL numbers. Shared paragraphs are identical across the set by design. Each declines the assertion that the crossings must be evaluated as a single protest, evaluates its crossing on the merits, and finds the protest without merit, with no adjustment to Contract Price or Contract Time allowed and no Owner-Initiated Change issued. Determinations are due July 30, 2026.

Summary of the four per-crossing Written Determinations for Protest 021. See the individual determination letters and the Internal Memo for full context.

DRAFT -- SL 9727-XXX -- Determination -- Protest 021 -- Juanita Creek

Date: [DATE]

WSDOT SL No. 9727-XXX

Patrick Prendergast, P.E. Vice President Skanska USA Civil 18911 North Creek Parkway, Suite 300 Bothell, WA 98011

Reference: Contract No. 9727 I-405, Brickyard to SR 527 Improvement Project

Subject:

RE: Notice of Protest 021 - SKA-0320 - FP Grad Mat - Supplemental Juanita Creek - Determination

Mr. Prendergast:

WSDOT is in receipt of Skanska LTR 476, Notice of Protest 021 - SKA-0320 - FP Grad Mat - Supplemental Juanita Creek, dated July 9, 2026, submitted as corrected supplemental information in response to WSDOT Serial Letter (SL) No. 9727-380 dated June 25, 2026. WSDOT has evaluated the Juanita Creek filing on its own merits, as provided in WSDOT SL No. 9727-380. This letter is the WSDOT Engineer's Written Determination pursuant to General Provisions (GP) 1-04.5. WSDOT finds the protest without merit. No adjustment will be allowed to Contract Price or Contract Time at the Juanita Creek crossing, and no Owner-Initiated Change will be issued.

Skanska LTR 476 states that the four crossings "remain interrelated notwithstanding their separation into individual letters at WSDOT's direction." WSDOT does not accept that characterization. GP 1-04.5 requires a protest to be supplemented with a Written statement providing the date and nature of the protested determination and a full discussion of the circumstances which caused the protest, and the circumstances at each crossing are distinct. WSDOT SL No. 9727-380 determined that the aggregated presentation was insufficient to evaluate on that basis. Describing the four crossings as interrelated does not merge four distinct matters into one, and does not reinstate the aggregated presentation. WSDOT has considered the content common to the four corrected filings as part of the record for this crossing and has evaluated each crossing as a separate matter. This Determination resolves the protest as to the Juanita Creek crossing only.

Technical Requirements (TR) 2.30.5.2.1 Certain Structure and Channel Design Characteristics requires compliance with Table 2.30-B, which specifies that proposed bed material shall be "20% (max.) coarser than existing" at the fish passage crossings, including Juanita Creek. TR 2.30.5.2.1 further provides that "Except as otherwise specified, where a conflict exists between Table 2.30-B and another Contract requirement, the requirements of Table 2.30-B shall take precedence." TR 2.30.5.3 Streambed Aggregates requires streambed sizing in accordance with the WSDOT Hydraulics Manual and permits departure from the gradation requirement only as approved through the WSDOT Engineer by the WSDOT State Hydraulics Engineer. No such approval was issued. The Hydraulics Manual Streambed Material Decision Tree (Appendix 7A) permits an over-coarsened channel only "subject to agreements between WSDOT and WDFW" where the "project meets WDFW Water Crossing Design Guidelines." No such agreement was in place when the Design-Builder proceeded with an over-coarsened design at Juanita Creek.

Skanska LTR 476 characterizes Fish Passage Task Force Meeting discussions and related communications as WSDOT direction to proceed with over-coarsened material. GP 1-02.1 Responsibility for Design provides that "no field explanations or interpretations provided by WSDOT at any meetings, and no comments by WSDOT on Design Documents or Released for Construction (RFC) Documents, shall be deemed, construed, or interpreted to (a) amend, supersede, or alter the terms, requirements, limitations, or meaning of any Contract Document or (b) release or relieve the Design-Builder from full responsibility for the design of the Project in accordance with the Contract Documents." GP 1-03.7 Approvals and Acceptances further provides that "The oversight, spot checks, audits, reviews, tests, and inspections conducted by WSDOT do not constitute approval nor acceptance of the materials or Work inspected or reviewed." WSDOT did not issue a Written Change Order directing over-coarsened streambed material at any crossing, and the release of designs for construction did not amend Table 2.30-B.

Under GP 1-04.4(1) WSDOT-Initiated Changes, changes in the Design Documents by the Design-Builder to meet Contract requirements or correct deficiencies are the responsibility of the Design-Builder and are not considered a change in the Work. The geomorphic conditions described in Skanska LTR 476, including the sediment supply and upstream barriers at Juanita Creek, are Site conditions the Design-Builder is responsible for addressing through design under GP 1-02.1 and GP 1-02.4(1) Examination of Site of Work.

Skanska LTR 476 asserts that WSDOT did not provide the Preliminary Hydraulic Design (PHD) to the Tribes and WDFW as provided in TR 2.30.7.3.1 Preliminary Hydraulic Design Report. TR 2.30.7.3.1 provides that "After WSDOT's comments are addressed by the Design-Builder, WSDOT will submit the PHD to the Tribe(s) and WDFW for Review and Comment." In its PHD review, WSDOT commented that the proposed streambed material was "well over the 20% allowable from the Design Manual" and that "there needs to be further justification for this." That comment was carried forward for resolution in a later submittal phase and was not resolved at the PHD stage. The condition on which WSDOT's submission to the Tribe(s) and WDFW depended therefore did not occur. WSDOT provided the Final Hydraulic Design for the Juanita Creek crossing to WDFW for review on [February 6 / February 26], 2025. The Table 2.30-B requirement bound the Design-Builder from Contract execution, independent of the timing or outcome of any WDFW review.

The cost table submitted with Skanska LTR 476 presents totals by discipline for the Juanita Creek crossing without a derivation showing how the estimate was determined for this crossing. WSDOT further notes that the totals submitted across the four corrected filings together exceed the amount previously asserted in Skanska LTR 459, which Skanska LTR 476 incorporates by reference. Given this Determination, no further evaluation of the asserted amount is required.

If you have any questions, please contact me at (425) 495-1577.

Sincerely,

Evelyn Pao, P.E. Project Director

EP:za

cc: D. Case, D. Holmquist, J. Slavicek, J. Zimmerman, S. Berriz, B. Kane, N. Bergeman, R. Gehrlein, E-File

DRAFT -- SL 9727-XXX -- Determination -- Protest 021 -- North Fork Perry Creek

Date: [DATE]

WSDOT SL No. 9727-XXX

Patrick Prendergast, P.E. Vice President Skanska USA Civil 18911 North Creek Parkway, Suite 300 Bothell, WA 98011

Reference: Contract No. 9727 I-405, Brickyard to SR 527 Improvement Project

Subject:

RE: Notice of Protest 021 - SKA-0320 - FP Grad Mat - Supplemental North Fork Perry Creek - Determination

Mr. Prendergast:

WSDOT is in receipt of Skanska LTR 477, Notice of Protest 021 - SKA-0320 - FP Grad Mat - Supplemental North Fork Perry Creek, dated July 9, 2026, submitted as corrected supplemental information in response to WSDOT Serial Letter (SL) No. 9727-380 dated June 25, 2026. WSDOT has evaluated the North Fork Perry Creek filing on its own merits, as provided in WSDOT SL No. 9727-380. This letter is the WSDOT Engineer's Written Determination pursuant to General Provisions (GP) 1-04.5. WSDOT finds the protest without merit. No adjustment will be allowed to Contract Price or Contract Time at the North Fork Perry Creek crossing, and no Owner-Initiated Change will be issued.

Skanska LTR 477 states that the four crossings "remain interrelated notwithstanding their separation into individual letters at WSDOT's direction." WSDOT does not accept that characterization. GP 1-04.5 requires a protest to be supplemented with a Written statement providing the date and nature of the protested determination and a full discussion of the circumstances which caused the protest, and the circumstances at each crossing are distinct. WSDOT SL No. 9727-380 determined that the aggregated presentation was insufficient to evaluate on that basis. Describing the four crossings as interrelated does not merge four distinct matters into one, and does not reinstate the aggregated presentation. WSDOT has considered the content common to the four corrected filings as part of the record for this crossing and has evaluated each crossing as a separate matter. This Determination resolves the protest as to the North Fork Perry Creek crossing only.

Technical Requirements (TR) 2.30.5.2.1 Certain Structure and Channel Design Characteristics requires compliance with Table 2.30-B, which specifies that proposed bed material shall be "20% (max.) coarser than existing" at the fish passage crossings, including North Fork Perry Creek. TR 2.30.5.2.1 further provides that "Except as otherwise specified, where a conflict exists between Table 2.30-B and another Contract requirement, the requirements of Table 2.30-B shall take precedence." TR 2.30.5.3 Streambed Aggregates requires streambed sizing in accordance with the WSDOT Hydraulics Manual and permits departure from the gradation requirement only as approved through the WSDOT Engineer by the WSDOT State Hydraulics Engineer. No such approval was issued. The Hydraulics Manual Streambed Material Decision Tree (Appendix 7A) permits an over-coarsened channel only "subject to agreements between WSDOT and WDFW" where the "project meets WDFW Water Crossing Design Guidelines." No such agreement was in place when the Design-Builder proceeded with an over-coarsened design at North Fork Perry Creek.

Skanska LTR 477 characterizes Fish Passage Task Force Meeting discussions and related communications as WSDOT direction to proceed with over-coarsened material. GP 1-02.1 Responsibility for Design provides that "no field explanations or interpretations provided by WSDOT at any meetings, and no comments by WSDOT on Design Documents or Released for Construction (RFC) Documents, shall be deemed, construed, or interpreted to (a) amend, supersede, or alter the terms, requirements, limitations, or meaning of any Contract Document or (b) release or relieve the Design-Builder from full responsibility for the design of the Project in accordance with the Contract Documents." GP 1-03.7 Approvals and Acceptances further provides that "The oversight, spot checks, audits, reviews, tests, and inspections conducted by WSDOT do not constitute approval nor acceptance of the materials or Work inspected or reviewed." WSDOT did not issue a Written Change Order directing over-coarsened streambed material at any crossing, and the release of designs for construction did not amend Table 2.30-B.

Under GP 1-04.4(1) WSDOT-Initiated Changes, changes in the Design Documents by the Design-Builder to meet Contract requirements or correct deficiencies are the responsibility of the Design-Builder and are not considered a change in the Work. The North Fork Perry Creek design has been revised to a gradation within the Table 2.30-B limit through NDC 152, submitted May 14, 2026. The North Fork Perry Creek Final Hydraulic Design Report for NDC 152, Section 4.3.1, states that "through coordination with WDFW and WSDOT HQ Hydraulics, it has been determined that no significant constraints exist to justify an overcoarsened channel (Alternative 3)" and that "Alternative 4 is selected for this crossing." Alternative 4 is the design "with streambed material size within 20 percent of the existing pebble-count size."

Skanska LTR 477 asserts that WSDOT did not provide the Preliminary Hydraulic Design (PHD) to the Tribes and WDFW as provided in TR 2.30.7.3.1 Preliminary Hydraulic Design Report. GP 1-03.7 provides that "any such activity or failure to conduct any such activity by WSDOT is solely for the benefit and protection of WSDOT, does not create or impose upon WSDOT any duty or obligation toward the Design-Builder to cause it to fulfill the requirements of the Contract Documents, may not be relied upon by the Design-Builder or used as evidence in determining whether the Design-Builder has fulfilled the requirements of the Contract Documents, and may not be asserted by the Design-Builder against WSDOT as a defense, legal or equitable, to, or as relief from, the Design-Builder's obligation to fulfill the requirements of the Contract Documents." GP 1-03.7 also provides that "Regardless of any such activity or failure to conduct any such activity by WSDOT, the Design-Builder at all times shall have an independent duty and obligation to fulfill the requirements of the Contract Documents." WSDOT provided the Final Hydraulic Design for the North Fork Perry Creek crossing to WDFW for review on September 5, 2024. The Table 2.30-B requirement bound the Design-Builder from Contract execution, independent of the timing or outcome of any WDFW review.

The cost table submitted with Skanska LTR 477 presents totals by discipline for the North Fork Perry Creek crossing without a derivation showing how the estimate was determined for this crossing. The stated hours and amounts are identical to those submitted for the Queensborough I-405 crossing in Skanska LTR 478. WSDOT further notes that the totals submitted across the four corrected filings together exceed the amount previously asserted in Skanska LTR 459, which Skanska LTR 477 incorporates by reference. Given this Determination, no further evaluation of the asserted amount is required.

If you have any questions, please contact me at (425) 495-1577.

Sincerely,

Evelyn Pao, P.E. Project Director

EP:za

cc: D. Case, D. Holmquist, J. Slavicek, J. Zimmerman, S. Berriz, B. Kane, N. Bergeman, R. Gehrlein, E-File

DRAFT -- SL 9727-XXX -- Determination -- Protest 021 -- Queensborough I-405

Date: [DATE]

WSDOT SL No. 9727-XXX

Patrick Prendergast, P.E. Vice President Skanska USA Civil 18911 North Creek Parkway, Suite 300 Bothell, WA 98011

Reference: Contract No. 9727 I-405, Brickyard to SR 527 Improvement Project

Subject:

RE: Notice of Protest 021 - SKA-0320 - FP Grad Mat - Supplemental QB405 - Determination

Mr. Prendergast:

WSDOT is in receipt of Skanska LTR 478, Notice of Protest 021 - SKA-0320 - FP Grad Mat - Supplemental QB405, dated July 9, 2026, submitted as corrected supplemental information in response to WSDOT Serial Letter (SL) No. 9727-380 dated June 25, 2026. WSDOT has evaluated the Queensborough I-405 filing on its own merits, as provided in WSDOT SL No. 9727-380. This letter is the WSDOT Engineer's Written Determination pursuant to General Provisions (GP) 1-04.5. WSDOT finds the protest without merit. No adjustment will be allowed to Contract Price or Contract Time at the Queensborough I-405 crossing, and no Owner-Initiated Change will be issued.

Skanska LTR 478 states that the four crossings "remain interrelated notwithstanding their separation into individual letters at WSDOT's direction." WSDOT does not accept that characterization. GP 1-04.5 requires a protest to be supplemented with a Written statement providing the date and nature of the protested determination and a full discussion of the circumstances which caused the protest, and the circumstances at each crossing are distinct. WSDOT SL No. 9727-380 determined that the aggregated presentation was insufficient to evaluate on that basis. Describing the four crossings as interrelated does not merge four distinct matters into one, and does not reinstate the aggregated presentation. WSDOT has considered the content common to the four corrected filings as part of the record for this crossing and has evaluated each crossing as a separate matter. This Determination resolves the protest as to the Queensborough I-405 crossing only.

Technical Requirements (TR) 2.30.5.2.1 Certain Structure and Channel Design Characteristics requires compliance with Table 2.30-B, which specifies that proposed bed material shall be "20% (max.) coarser than existing" at the fish passage crossings, including Queensborough I-405. TR 2.30.5.2.1 further provides that "Except as otherwise specified, where a conflict exists between Table 2.30-B and another Contract requirement, the requirements of Table 2.30-B shall take precedence." TR 2.30.5.3 Streambed Aggregates requires streambed sizing in accordance with the WSDOT Hydraulics Manual and permits departure from the gradation requirement only as approved through the WSDOT Engineer by the WSDOT State Hydraulics Engineer. No such approval was issued. The Hydraulics Manual Streambed Material Decision Tree (Appendix 7A) permits an over-coarsened channel only "subject to agreements between WSDOT and WDFW" where the "project meets WDFW Water Crossing Design Guidelines." No such agreement was in place when the Design-Builder proceeded with an over-coarsened design at Queensborough I-405.

Skanska LTR 478 characterizes Fish Passage Task Force Meeting discussions and related communications as WSDOT direction to proceed with over-coarsened material. GP 1-02.1 Responsibility for Design provides that "no field explanations or interpretations provided by WSDOT at any meetings, and no comments by WSDOT on Design Documents or Released for Construction (RFC) Documents, shall be deemed, construed, or interpreted to (a) amend, supersede, or alter the terms, requirements, limitations, or meaning of any Contract Document or (b) release or relieve the Design-Builder from full responsibility for the design of the Project in accordance with the Contract Documents." GP 1-03.7 Approvals and Acceptances further provides that "The oversight, spot checks, audits, reviews, tests, and inspections conducted by WSDOT do not constitute approval nor acceptance of the materials or Work inspected or reviewed." WSDOT did not issue a Written Change Order directing over-coarsened streambed material at any crossing, and the release of designs for construction did not amend Table 2.30-B.

Under GP 1-04.4(1) WSDOT-Initiated Changes, changes in the Design Documents by the Design-Builder to meet Contract requirements or correct deficiencies are the responsibility of the Design-Builder and are not considered a change in the Work. The Queensborough I-405 design has been revised to a gradation within the Table 2.30-B limit through NDC 152, submitted May 14, 2026. The Queensborough Creek (I-405 MP 26.90) Final Hydraulic Design Report for NDC 152, Section 4.3.1, states that "through coordination with WDFW and WSDOT HQ Hydraulics, it has been determined that no significant constraints exist to justify an overcoarsened channel (Alternative 3)" and that "Alternative 4 is selected for this crossing." Alternative 4 is the design "with streambed material size within 20 percent of the existing pebble-count size."

Skanska LTR 478 asserts that WSDOT did not provide the Preliminary Hydraulic Design (PHD) to the Tribes and WDFW as provided in TR 2.30.7.3.1 Preliminary Hydraulic Design Report. GP 1-03.7 provides that "any such activity or failure to conduct any such activity by WSDOT is solely for the benefit and protection of WSDOT, does not create or impose upon WSDOT any duty or obligation toward the Design-Builder to cause it to fulfill the requirements of the Contract Documents, may not be relied upon by the Design-Builder or used as evidence in determining whether the Design-Builder has fulfilled the requirements of the Contract Documents, and may not be asserted by the Design-Builder against WSDOT as a defense, legal or equitable, to, or as relief from, the Design-Builder's obligation to fulfill the requirements of the Contract Documents." GP 1-03.7 also provides that "Regardless of any such activity or failure to conduct any such activity by WSDOT, the Design-Builder at all times shall have an independent duty and obligation to fulfill the requirements of the Contract Documents." WSDOT provided the Final Hydraulic Design for the Queensborough I-405 crossing to WDFW for review on September 5, 2024. The Table 2.30-B requirement bound the Design-Builder from Contract execution, independent of the timing or outcome of any WDFW review.

The cost table submitted with Skanska LTR 478 presents totals by discipline for the Queensborough I-405 crossing without a derivation showing how the estimate was determined for this crossing. The stated hours and amounts are identical to those submitted for the North Fork Perry Creek crossing in Skanska LTR 477. WSDOT further notes that the totals submitted across the four corrected filings together exceed the amount previously asserted in Skanska LTR 459, which Skanska LTR 478 incorporates by reference. Given this Determination, no further evaluation of the asserted amount is required.

If you have any questions, please contact me at (425) 495-1577.

Sincerely,

Evelyn Pao, P.E. Project Director

EP:za

cc: D. Case, D. Holmquist, J. Slavicek, J. Zimmerman, S. Berriz, B. Kane, N. Bergeman, R. Gehrlein, E-File

DRAFT -- SL 9727-XXX -- Determination -- Protest 021 -- Queensborough SR-527

Date: [DATE]

WSDOT SL No. 9727-XXX

Patrick Prendergast, P.E. Vice President Skanska USA Civil 18911 North Creek Parkway, Suite 300 Bothell, WA 98011

Reference: Contract No. 9727 I-405, Brickyard to SR 527 Improvement Project

Subject:

RE: Notice of Protest 021 - SKA-0320 - FP Grad Mat - Supplemental QB527 - Determination

Mr. Prendergast:

WSDOT is in receipt of Skanska LTR 479, Notice of Protest 021 - SKA-0320 - FP Grad Mat - Supplemental QB527, dated July 9, 2026, submitted as corrected supplemental information in response to WSDOT Serial Letter (SL) No. 9727-380 dated June 25, 2026. WSDOT has evaluated the Queensborough SR-527 filing on its own merits, as provided in WSDOT SL No. 9727-380. This letter is the WSDOT Engineer's Written Determination pursuant to General Provisions (GP) 1-04.5. WSDOT finds the protest without merit. No adjustment will be allowed to Contract Price or Contract Time at the Queensborough SR-527 crossing, and no Owner-Initiated Change will be issued.

Skanska LTR 479 states that the four crossings "remain interrelated notwithstanding their separation into individual letters at WSDOT's direction." WSDOT does not accept that characterization. GP 1-04.5 requires a protest to be supplemented with a Written statement providing the date and nature of the protested determination and a full discussion of the circumstances which caused the protest, and the circumstances at each crossing are distinct. WSDOT SL No. 9727-380 determined that the aggregated presentation was insufficient to evaluate on that basis. Describing the four crossings as interrelated does not merge four distinct matters into one, and does not reinstate the aggregated presentation. WSDOT has considered the content common to the four corrected filings as part of the record for this crossing and has evaluated each crossing as a separate matter. This Determination resolves the protest as to the Queensborough SR-527 crossing only.

Technical Requirements (TR) 2.30.5.2.1 Certain Structure and Channel Design Characteristics requires compliance with Table 2.30-B, which specifies that proposed bed material shall be "20% (max.) coarser than existing" at the fish passage crossings, including Queensborough SR-527. TR 2.30.5.2.1 further provides that "Except as otherwise specified, where a conflict exists between Table 2.30-B and another Contract requirement, the requirements of Table 2.30-B shall take precedence." TR 2.30.5.3 Streambed Aggregates requires streambed sizing in accordance with the WSDOT Hydraulics Manual and permits departure from the gradation requirement only as approved through the WSDOT Engineer by the WSDOT State Hydraulics Engineer. No such approval was issued. The Hydraulics Manual Streambed Material Decision Tree (Appendix 7A) permits an over-coarsened channel only "subject to agreements between WSDOT and WDFW" where the "project meets WDFW Water Crossing Design Guidelines." No such agreement was in place when the Design-Builder proceeded with an over-coarsened design at Queensborough SR-527.

Skanska LTR 479 characterizes Fish Passage Task Force Meeting discussions and related communications as WSDOT direction to proceed with over-coarsened material. GP 1-02.1 Responsibility for Design provides that "no field explanations or interpretations provided by WSDOT at any meetings, and no comments by WSDOT on Design Documents or Released for Construction (RFC) Documents, shall be deemed, construed, or interpreted to (a) amend, supersede, or alter the terms, requirements, limitations, or meaning of any Contract Document or (b) release or relieve the Design-Builder from full responsibility for the design of the Project in accordance with the Contract Documents." GP 1-03.7 Approvals and Acceptances further provides that "The oversight, spot checks, audits, reviews, tests, and inspections conducted by WSDOT do not constitute approval nor acceptance of the materials or Work inspected or reviewed." WSDOT did not issue a Written Change Order directing over-coarsened streambed material at any crossing, and the release of designs for construction did not amend Table 2.30-B.

Under GP 1-04.4(1) WSDOT-Initiated Changes, changes in the Design Documents by the Design-Builder to meet Contract requirements or correct deficiencies are the responsibility of the Design-Builder and are not considered a change in the Work. The Queensborough SR-527 design was released for construction on May 4, 2026 with streambed material within the Table 2.30-B limit. The RFC documents for this crossing, as reproduced in Skanska LTR 479, state that "through coordination with WDFW and WSDOT HQ Hydraulics, it has been determined that no significant constraints exist to justify an overcoarsened channel (Alternative 3)" and that "Alternative 4 is selected for this crossing." Table 4-7 of that documentation defines Alternative 4 as "within 20% of existing size."

Skanska LTR 479 asserts that WSDOT did not provide the Preliminary Hydraulic Design (PHD) to the Tribes and WDFW as provided in TR 2.30.7.3.1 Preliminary Hydraulic Design Report. TR 2.30.7.3.1 provides that "After WSDOT's comments are addressed by the Design-Builder, WSDOT will submit the PHD to the Tribe(s) and WDFW for Review and Comment." In its PHD review, WSDOT commented that the proposed streambed material was "well over the 20% allowable from the Design Manual" and that "there needs to be further justification for this." That comment was carried forward for resolution in a later submittal phase and was not resolved at the PHD stage. The condition on which WSDOT's submission to the Tribe(s) and WDFW depended therefore did not occur. WSDOT provided the Final Hydraulic Design for the Queensborough SR-527 crossing to WDFW for review on March 4, 2025. The Table 2.30-B requirement bound the Design-Builder from Contract execution, independent of the timing or outcome of any WDFW review.

The cost table submitted with Skanska LTR 479 presents totals by discipline for the Queensborough SR-527 crossing without a derivation showing how the estimate was determined for this crossing. WSDOT further notes that the totals submitted across the four corrected filings together exceed the amount previously asserted in Skanska LTR 459, which Skanska LTR 479 incorporates by reference. Given this Determination, no further evaluation of the asserted amount is required.

If you have any questions, please contact me at (425) 495-1577.

Sincerely,

Evelyn Pao, P.E. Project Director

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cc: D. Case, D. Holmquist, J. Slavicek, J. Zimmerman, S. Berriz, B. Kane, N. Bergeman, R. Gehrlein, E-File