[Oeva-list] Humorous example of ODOT management ignoring potential problems

Lawrence Winiarski lawrence_winiarski at yahoo.com
Wed Jun 13 14:52:46 PDT 2012

Just thought this was kind of humorous...Basically the Eddyville fiasco was brought on because ODOT management decided to do this project in 
a totally different way called "Design-Build".    The old proven way was lots and lots and lots of boring planning, and design and competitive bidding.  
 the new "Progressive Way" was called "Design-Build"

Read these 2 ODOT press releases in order...One's obviously a lot older than the other......


Design / Build
What is "Design/Build?" Design/Build is the design/construction technique in which design and construction are combined under one contract to reduce the time necessary to complete a project. Traditional highway construction projects are developed in four distinct phases:
	1. Preliminary Planning
	2. Final Engineering (Design)
	3. Selection of a construction contractor (Bid)
	4. Project Construction
Design/Build is heralded by the construction industry as a modern approach that encourages innovation, allows shorter construction time, and promotes environmental stewardship. This method has been successfully implemented on many of the largest and most complicated highway construction projects in the country. The time saved by Design/Build translates into a significant reduction in construction impacts for the residents and businesses along highway 20.

Then 5 years later................(after 2 years of finger pointing for whose fault it was for the problems)


Agreement reached to end US 20 Design-Build contract
Posted about 1 month ago
SALEM—The Oregon Department of Transportation (ODOT) announced today that an agreement has been reached with Granite Construction Company’s joint venture, Yaquina River Constructors (YRC) to terminate the US 20: Pioneer Mountain to Eddyville Design Build contract. Terms of the agreement include that YRC will pay ODOT $15 million dollars, both parties will waive claims against each other, and the Notice of Default ODOT issued to YRC in March of this year will be rescinded. YRC will no longer have the contractual obligation to complete the project and will demobilize from the project site in an orderly manner.
ODOT determined that the settlement with YRC was in the best interests of the State in order to avoid the delay and cost s of protracted litigation and to allow ODOT to move forward with construction on the US 20 Pioneer Mountain to Eddyville project this summer.
Design Builder/ODOT Dispute
The Design Builder and ODOT are in dispute over responsibility for the cost of the additional engineering and construction, and the delay to the project associated with the failed landslide mitigation.   
ODOT’s belief is that this is a design-build contract and the Design Builder is responsible for the design.  The Design Builder performed the engineering and design, and the Design Builder constructed the mitigation work.  The Design Builder remains responsible for the successful completion of the project.
The Contract allows a dispute to be presented to a Dispute Review Board (DRB) for a non-binding recommendation of resolution prior to the Design Builder pursuing a claim. The Contract states that if either Party does not accept the DRB’s recommendation, the Design Builder may pursue a claim according to the terms of the contract.

 So maybe the old way of doing things slowly and carefully, wasn't so bad after all eh?

And what's worse is ODOT allowed the builder, which is a large Southern California Construction Firm, to create a fake company (with no assets) called the
Yaquina River Construction firm and all contracts were with them, instead of the actual company.

You'd think they could have seen this coming....

And here's how bad it is.   One of the pylons is 3.5 FEET out of plumb.   The other is 2.5 FEET out of plumb.    It's not like it's some intellectual
problem.   Pretty much like the leaning tower of pisa.
You can read more data here.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: /pipermail/attachments/20120613/6c3b5be8/attachment.html 

More information about the Oeva-list mailing list