It will cost Tacoma $3.5M to settle fight over pipes tied to I-5 construction project

TACOMA, Wash. — The city of Tacoma has agreed to pay $3.5 million to the Washington State Department of Transportation (WSDOT) to settle a lawsuit relating to construction costs from a project on Interstate 5.

Tacoma City Council approved the settlement Tuesday after a mutual agreement was made between the two parties on how to pay for utility work beneath a WSDOT project to build high occupancy vehicle (HOV) lanes on I-5.

WSDOT filed a complaint in Pierce County Superior Court in March 2020 asking the city to pay the state for work to move city utilities located beneath the HOV project between Pacific Avenue and Port of Tacoma Road. The $1.4 billion HOV project is a series of projects that started in 2001 and is expected to be completed this summer.

Prior to 2008, two utility pipes were discovered beneath the area of the project: a city sewer line and a stormwater drainage line. The city and WSDOT disagreed about who was responsible for the costs of the relocation work.

To avoid delays on the project, representatives from the state and city “agreed to disagree” on the ultimate responsibility for the costs of the relocation and to determine it at a later date, according to court records.

In the 2020 complaint, WSDOT said it had paid about $12 million related to the work.

“The State has repeatedly requested reimbursement from the City for the costs of the Relocation Work. The City has refused to pay these costs,” the complaint stated.

The city made a counterclaim, arguing the state breached contract when it designed the HOV project to remove bridges over the pipes that were built in the 1960s.

The city and state agreed to a settlement amount based in part on what the city would have to pay in the future to replace the pipes, said city representatives in a statement on Wednesday.

“The settlement is beneficial to both parties because it allows the State of Washington to address that portion of the I-5 corridor in a more economical manner by replacing the pipes, provides the City with new pipes and infrastructure that will last 100+ years, and assigns future rights and responsibilities of both parties going forward,” the statement said.

WSDOT echoed that the agreement was a mutual one.

“We’re pleased to have come to a mutual agreement with the City of Tacoma to share this cost. We’ve partnered with the city on many items throughout the history of the Pierce County HOV program and value our strong working relationship,” a WSDOT spokesperson said in a statement on Wednesday.

This story was originally published by The News Tribune.

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