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.

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, in-person meetings including WSDOT HQ. At the July 31 meeting, WSDOT presented analysis showing shoring may not have been needed — an alternative that would have simplified the load rating path entirely.

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 moved quickly; the extended timeline resulted from the technical complexity of the chosen shoring approach and the iterative resolution of engineering concerns raised during review.

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.