A dispute review board found Washington State should pay its contractors—Seattle Tunnel Partners (STP)—for “tackling severe groundwater flows at the Highway 99 tunnel machine’s launch pit” in Seattle’s Sodo district. The dispute between the state and STP over who would pay for the added costs arose after the contractors filed a change-order request worth $20 million two years ago—a request the state denied.
The dispute board did not specify the amount that the Washington State Department of Transportation (WSDOT) owes to STP, “only that it should shoulder the bill because groundwater conditions differed from data the state gave contractors.” The Seattle Times reports that WSDOT’s “1.44 billion tunnel-construction contract already contains a $40 million fund for unexpected soil conditions and major interventions, such as breaking boulders in front of tunnel-boring machine Bertha.”
Yesterday, Todd Trepanier, the state’s Highway 99 administrator, told the state House Transportation Committee that the amount due “can be paid for without what is considered a cost overrun in the budget.” As optimistic as Trepanier’s assurances sound, the reality of the dispute board’s decision forebodes a more sinister future for taxpayers.
The headaches caused by Highway 99 project are ongoing. As the Seattle Times points out, the dispute board’s finding “proves that the state can’t continue to presume taxpayers will be safe from cost increases.” Particularly, the costs accumulated by Bertha, the tunnel boring machine, which has been stalled near Pioneer Square for more than a year. Rather, the decision is “an early step among many, which could include negotiations, arbitration or lawsuits to determine who pays for added costs.”
The dispute board’s finding has left state officials singing a very different tune than last year. Just last April, Trepanier insisted that there was a “very slim chance” taxpayer would shoulder the burden of STP’s change-order request, which were then estimated at $190 million.
Yesterday, Trepanier was forced to admit to the state House Transportation Committee that more disputes are expected. In total, STP’s change-order requests have reached $210 million—that figure includes the estimated cost of $125 million for Bertha’s delays and repairs. By contrast, the state has $144 million in in contingency and intervention funds.
The Seattle Times reports that committee member Rep. Jesse Young, R-Gig Harbor, asked the question on everyone’s mind: “If $20 million is slipping away, what happens after $210 million in claims, if the state losses exceed the tunnel’s reserves?”
Trepanier reverted back to past reassurances and “replied that the state has already denied three-fourths of the money contractors requested.” But, it was Democrat committee chair Rep. Judy Clibborn’s reaction raises eyebrows.
According to the Seattle Times, Rep. Young’s question prompted Rep. Clibborn to “ask that members take detailed questions “offline” after the hearing.” Clibborn’s history with the Highway 99 project explains her desire to protect it from criticism by discouraging government transparency.
Clibborn—along with then-state Sen. Ed Murray—was “a key backer of the 2009 bill choosing a deep-bore tunnel.” And, yesterday, she made sure to not only protect the project from criticism but also compliment Trepanier and WSDOT Chief Engineer Linea Laird. She said, “Thank you for keeping a cool head. Thank you for staying the course. We expect to get it done. We expect to get it paid for, without the taxpayers taking a huge hit.”
Clibborn’s move to shutdown GOP questioning on cost over-runs does not leave much hope for the prospect of needed WSDPT reforms—without which taxpayer will carry an even heavier burden now and in the future. As Shift pointed out, it’s important that any transportation package passed by the Legislature in 2015 include reforms that work to repair public trust in WSDOT. The many blunders involved with the Highway 99 project demonstrate the desperate need for accountability and transparency reform in WSDOT—Clibborn should push for these reforms, not try to protect WSDOT by discouraging transparency.
“Rep. Young’s question prompted Rep. Clibborn to “ask that members take detailed questions “offline” after the hearing”
Yeah, She wouldn’t want to answer any uncomfortable questions in an open meeting where the taxpaying proletariat might hear.
This is a government works contract at its best. As a former general contractor, you know to add a clause outlining possible unknown underground hazards. And, if they come up, who is responsible for paying for them. If you fail to bring them up, then it is your responsibility not the customer. if they are relying on an A1A contract, there is nothing that says you cannot had an unknown.
I have a theory about this. A few years ago the Liberals of Boston created a financial and political mess with their fabulous Big Dig. I think the Liberals of Seattle were miffed by all the national attention received and money spent by their ideological cousins back east and decided to outdo them with their “fixing” of the Alaskan Viaduct. This is but one more phase of their plan to do an even worse job.
Get your check books out; Seattle is going to force everyone, no matter where you live in Washington, to pay for their project.
Yep, Seattle likes when the rest of the state gets screwed into paying for their failed experiments.
This is nothing compared to the maintenance costs if they ever do get this TURKEY Plucked. Maybe there is a slim chance that taxpayers will again see escalating cost for upkeep, but don’t bet on it. Time to abandon the project and make it a tourist attraction: COME SEE OUR FAMOUS BERTHA DEBACLE”
SORRY ABOUT THAT LAST. It impolite to embarrass people, particularly this bunch with their over-developed egos.