Skanska Assertion

Skanska disagrees that the matter is closed. It could not provide cost/time information until the Section 404 permit modification was complete (received January 9, 2026).

WSDOT Position

SL 9727-128 (July 22, 2025) requested information to substantiate anticipated impacts — not final permit documents. Administrative costs for delineation, JARPA preparation, and survey work were incurred and quantifiable from June through October 2025. The JARPA update is dated October 17, 2025. Billing records document the work. Skanska had five months between SL 128 and closure to provide at minimum the administrative cost substantiation.

Additionally, LTR 338 is dated January 30, 2026 — 35 calendar days after SL 9727-218 (December 12, 2025). The GP 1-04.5 protest window is 14 calendar days. LTR 338 is untimely as a protest.

Skanska Assertion

Skanska cooperated in a timely manner with the permit modification process, providing all necessary information for WSDOT to apply for the Section 404 permit modification. This cooperation should be recognized and compensated.

WSDOT Position

Noted. Skanska’s cooperation is consistent with its contractual obligation. Section 2.8.5.4.5 requires the Design-Builder to “provide the WSDOT Engineer with all information necessary to obtain a permit modification.” Fulfilling a contractual obligation does not create entitlement to compensation. SL 9727-107 used identical language when responding to the Juanita Creek wetland discovery (LTR 175), establishing a consistent framework.

Skanska Assertion

Administrative costs of $50,425.23 were incurred for wetland delineation, SAVL addendum, JARPA updates, Environmental Task Force coordination, and permit modification support. These are attributable to the newly discovered wetland at NF Perry Creek.

WSDOT Position

These costs are the DB’s responsibility under Section 2.8.5.4.5. The JARPA update (October 17, 2025) covers impact changes across 10+ wetlands and creeks. Most changes are described in the Summary of Changes as “design changes,” “updated project line work,” “nominal changes due to design refinement,” and “stormwater elements added.” Skanska has not segregated costs attributable solely to the NF Perry Creek West wetland from costs attributable to design-driven changes across the project. The billing records (Phases 000008, 00033, 00034) span broad environmental work — no allocation methodology is provided.

Moreover, what Skanska characterizes as a “newly discovered wetland” is an expanded delineation of Wetland 26.55L, which was identified in the pre-bid WSAR (E10a, Table 3) at 0.20 acres. The July 2025 billing records explicitly reference “Wetland 26.55L.” The boundary tripled in size (0.20 acres → 0.428 acres permitted → +0.224 acres JARPA expansion), but this is boundary verification, not a new discovery.

Skanska Assertion

Future design costs will be incurred for ACE-required restoration plans and Washington State Department of Ecology mitigation updates. These costs arise from WSDOT’s permit modification and should be compensated.

WSDOT Position

Restoration of temporary impacts and mitigation of permanent impacts are DB obligations under Section 2.8.5.4.1 and the permits (Appendix P). Section 2.8.5.4.5 allocates permit modification costs to the DB. Future costs that have not yet been incurred are speculative and do not support a current equitable adjustment. The ACE permit modification (January 9, 2026) noted that WSDOT still owes restoration plans and Ecology mitigation updates — these are permit compliance obligations, not WSDOT-directed changes to Skanska’s work.

Skanska Assertion

The wetland boundary reduced the construction staging area for both the fish passage service crane and girder-setting crane, requiring modified crane setups with a cost delta of approximately $124,489 (upgrade from 80T to 110T Kobelco + oiler requirement + mob/demob).

WSDOT Position

Even if the causal link were established, Section 2.8.5.4.5 allocates these costs to the DB. The DB is solely responsible for site conditions discoverable from a reasonable site examination (GP 1-02.4). Beyond the legal defense, causation has not been demonstrated: (1) no geometric analysis shows the wetland boundary was the controlling constraint on crane pad location versus other site factors; (2) no engineering analysis explains why an 80T crane was infeasible at an alternative position; (3) the oiler requirement ($39,749) is a consequence of choosing a >100T crane; (4) mob/demob charges ($46,160) assume the Kobelco was not already mobilized; (5) a $1,530 “Form Cleaning Time” charge is unexplained.

Note: Causation is MEDIUM confidence — WSDOT has not independently verified the relationship between the wetland boundary and the crane configuration. The legal defense (Section 2.8.5.4.5) is strong regardless.

Skanska Assertion

WSDOT should reopen the matter, process an OIC to incorporate the updated permits, and provide equitable adjustment for all associated administrative, design, and crane-related construction impacts totaling $230,919.07.

WSDOT Position

WSDOT has not directed a change. An OIC under GP 1-04.4(1) requires WSDOT to “authorize and require changes within the general scope of the Contract.” WSDOT coordinating the Section 404 permit modification is its role as the permittee — it does not constitute direction to the DB. The discovery of the wetland, the permit modification costs, and the construction impacts all fall within Section 2.8.5.4.5’s allocation to the DB. Additionally, GP 1-04.4(5)(l), (p), and (q) exclude permit delays and environmental commitment changes resulting from the DB’s design choices from equitable adjustment. SL 9727-218 is a Written Determination under GP 1-04.5; the protest window expired approximately December 26, 2025. LTR 338 is 35 days late.