E-FILED

THURSTON COUNTY, WA
SUPERIOR COURT
July 24, 2017
Linda Myhre Enlow
1 EXPEDITE (if filing within 5 court days of hearing) Thurston County Clerk
No hearing is set.
Hearing is set:
2 Date: September 1, 2017
Time: 9:00 a.m.
3 Judge/Calendar: Carol Murphy - Civil The Honorable Carol Murphy
4

6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 FOR THURSTON COUNTY
8 WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION,
9 No. 16-2-00980-34
Plaintiffs,
10 (Consolidated with Cause No.
v. 16-2-04826-34)
11 SEATTLE TUNNEL PARTNERS, a joint DECLARATION OF
venture,
12 PAUL VAN HORNE IN
SUPPORT OF WSDOTS MOTION FOR
Defendants.
13 PARTIAL SUMMARY JUDGMENT

14 SEATTLE TUNNEL PARTNERS, a

Washington joint venture,
15
Third-Party Plaintiff,
16
v.
17
HITACHI ZOSEN U.S.A., LTD, a Delaware
18 corporation; HITACHI ZOSEN
CORPORATION, a foreign corporation; and
19 HNTB CORPORATION, a Delaware
corporation,
20
Third-Party Defendants.
21

22

23

24

25

26

DECLARATION OF PAUL VAN HORNE ISO WSDOTS

MOTION FOR SUMMARY JUDGMENT 1 STOEL RIVES LLP
ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
93327876.1 0081287-00001 Telephone (206) 624-0900
 1
HITACHI ZOSEN U.S.A. LTD.,
2
Fourth-Party Plaintiff,
3
v.
4
WASHINGTON STATE DEPARTMENT OF
5 TRANSPORTATION, FIDELITY AND
DEPOSIT COMPANY OF MARYLAND;
6 ZURICH AMERICAN INSURANCE
COMPANY; LIBERTY MUTUAL
7 INSURANCE COMPANY; TRAVELERS
8 CASUALTY AND SURETY COMPANY OF
AMERICA; FEDERAL INSURANCE
9 COMPANY; AND SAFECO INSURANCE
COMPANY OF AMERICA,
10
Fourth-Party Defendants.
11

12
HITACHI ZOSEN U.S.A. LTD.,
13
Plaintiff,
14
v.
15
WASHINGTON STATE DEPARTMENT OF
16 TRANSPORTATION and SHANNON &
WILSON, INC.,
17
Defendants.
18
SEATTLE TUNNEL PARTNERS, a joint
19 venture,
20 Plaintiff,
21
v.
22
SHANNON & WILSON, INC., a Washington
23 corporation; and WSP USA, INC., formerly
known as PARSONS BRINCKERHOFF,
24 INC., a New York corporation,
25
Defendants.
26

DECLARATION OF PAUL VAN HORNE ISO WSDOTS

MOTION FOR SUMMARY JUDGMENT 2 STOEL RIVES LLP
ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
93327876.1 0081287-00001 Telephone (206) 624-0900
 1 I, PAUL VAN HORNE state and declare as follows:
2 1. I am employed by Shannon & Wilson, a geotechnical consulting firm in Seattle. I
3 make the statements in this Declaration from my personal knowledge in support of a portion of
4 WSDOTs Second Motion for Partial Summary Judgment.
5 2. I was involved in drafting the Geotechnical and Environmental Data Report
6 (GEDR) for the Alaskan Way Viaduct Replacement Project (Project). I have reviewed the
7 Declaration of Brian Nielsen and agree that the portions of the GEDR included in Exhibit C to
8 that declaration are accurate.
9 3. As the Project developed, various routes were studied and Shannon & Wilson
10 performed geotechnical and environmental investigations around those possible routes. After the
11 final decision was made, in early 2009, to build a single large tunnel, Shannon & Wilson was
12 engaged to study geotechnical and environmental conditions along the selected route. That study
13 was done in 2009 and 2010 and our GEDR was issued in May 2010.
14 4. Most of the GEDR is focused on work performed in 2009 and 2010, including
15 installation of wells and other instruments for the study of groundwater along the planned
16 alignment of the new highway tunnel. Some information from previous studies was found useful
17 for understanding the final alignment and therefore included. GEDR Section 1.1 (Purpose and
18 Scope) begins as follows:
19
This geotechnical and environmental data report (GEDR) presents geotechnical
20 and environmental data collected for the current and previous alignments of the
project. The GEDR describes the procedures and presents the results of field
21 explorations and field and laboratory testing completed during 2009 and 2010 for
the purpose of collecting subsurface information along the project alignment
22 (Figure 1).
23 5. GEDR Figure 1 (Vicinity and Key Map) is a general map of the project area
24 and a key to more detailed maps in Figure 2 (Site and Exploration Plan). Figure 2 (sheet 3 of
25 12) shows TW-2 within the Proposed Bored Tunnel Alignment. A true and correct copy of
26 that page is attached in Exhibit A to this Declaration. On that page, TW-2 is shown as a dot in a

DECLARATION OF PAUL VAN HORNE ISO WSDOTS

MOTION FOR SUMMARY JUDGMENT 3 STOEL RIVES LLP
ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
93327876.1 0081287-00001 Telephone (206) 624-0900
 1 round circle, which means that it is a soil boring constructed in the period 2001-2009. Soil
2 boring is a general term that includes various kinds of holes in the ground made for various
3 purposes. The dot and circle are in blue, which means that TW-2 has a Groundwater
4 Monitoring Device, either a well or a VWP (vibrating wire piezometer, which is an electronic
5 device that measures water level). There is a superscript w, which means that TW-2 is a well.
6 6. The first 26 pages of the GEDR text describe work done by Shannon & Wilson in
7 2009 and 2010. This included installation of wells and other instruments for the study of
8 groundwater along the planned alignment of the new highway tunnel. TW-2 had been installed
9 in 2002 and does not appear in this discussion. The first mention of TW-2 is on page 27 in
10 Section 2.5.3 (Groundwater Sampling).
11
Most of the observation wells were sampled to collect water for chemical
12 analytical testing. In addition, the three pumping wells (PW-252, PW-
254, and PW-255) installed for this project and a previously installed
13
pumping well (TW-2) were also sampled during pumping tests (see
14 Section 2.5.8). [Emphasis added.]

15 This tells us that TW-2 was installed before the 2009-2010 timeframe and that TW-2 was a
16 pumping well as opposed to an observation well. This information is confirmed in Subsection
17 2.5.8.1:
Three wells, designated PW-252, PW-254, and PW-255, were installed and
18
developed for use in the pumping tests. . .
19
In addition to the newly installed pumping wells, a test well (TW-2)
20 installed in 2002 . . . was incorporated into the pumping test program.

21 In a pumping test, water is pumped out of one or more wells (pumping wells) and groundwater
22 levels are measured in surrounding wells (observation wells). The behavior of the observation
23 wells provides information about subsurface conditions. For example, if during a pumping test
24 the water level goes down in an observation well, it can be concluded that the pumping well and
25 observation well are connected by a soil layer that allows water movement.
26

DECLARATION OF PAUL VAN HORNE ISO WSDOTS

MOTION FOR SUMMARY JUDGMENT 4 STOEL RIVES LLP
ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
93327876.1 0081287-00001 Telephone (206) 624-0900
 1 7. Subsection 2.5.8.2.1 provides further details about TW-2s role in the pumping
2 tests:
The PW-252 pumping test included pumping PW-252 for six days and
3
TW-2 for the last three days of the test. TW-2 was pumped for the latter
4 half of the PW-252 test . . . . A total of 52 surrounding observation wells
and VWPs were monitored during the pumping test.
5

6 These passages are describing pumping tests that involved four pumping wells, three of

7 which were newly installed (PW-252, PW-254, and PW-255) and one which had been installed

8 in 2002 (TW-2). Water was pumped out of the pumping wells, and various monitoring points

9 (observation wells and VWPs) were observed to see how their water levels changed. With

10 respect to these tests, TW-2 is clearly and repeatedly identified as a pumping well as

11 distinguished from an observation well.

12 8. The GEDR appendices provide additional information about TW-2. Figure C.4-1
13 identifies TW-2 as a pumping well (a half-black circle) surrounded by monitoring points
14 (circles with dots). A true and correct copy of that figure is attached in Exhibit B to this
15 Declaration. Report C.4-1 sets forth the Pumping Test Work Plan and includes Table 1 with
16 information about the pumping wells. TW-2 in particular is listed as having an eight-inch
17 diameter casing. A true and correct copy of that table is attached in Exhibit C to this
18 Declaration.
19
9. The GEDR provides the following information about TW-2:
20
TW-2 was a pumping well installed in 2002.
21 TW-2 was used as a pumping well in March 2010.
22 TW-2 was located in the path of STPs tunnel boring machine.
TW-2 had an eight-inch diameter casing.
23

24 All of this information is accurate. The actual condition of TW-2 did not differ from what these

25 statements in the GEDR say about it.

26

DECLARATION OF PAUL VAN HORNE ISO WSDOTS

MOTION FOR SUMMARY JUDGMENT 5 STOEL RIVES LLP
ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
93327876.1 0081287-00001 Telephone (206) 624-0900
 10. One of the things done during the geotechnical and environmental investigation in
1

2 2009-2010 was to install three pumping wells, designated PW-252, PW 254, and PW-255.

3 These are identified in GEDR Section 2.5.1 as pumping wells with eight-inch steel casings. All
4 three are shown with blue symbols in Figure 2. PW-252 is on page 2 of 12, PW-254 is on page 7
5
of 12; and PW-255 is on page ,8 of 12.
6
I make the statements in this Declaration under penalty of perjury under the laws of the
7
State of Washington.
8
ise
9 SIGNED at _.S_e__t_tr.,_e,___ , Washington this day of _:ri_tA_l+-y
__ _

10 2017.

11
Paul Van Home
12
13

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15

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17
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23

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26

DECLARATION OF PAUL VAN HORNE ISO WSDOT'S

MOTION FOR SUMMARY JUDGMENT - 6 STOEL RIVES LLP
ATIORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
93480105.1 0081287-00001 Telephone (206) 624-0900
 1 DECLARATION OF SERVICE
2 Cindy Castro hereby declares as follows:
3 1. I am a legal practice assistant employed by the law firm of Stoel Rives LLP, a
citizen of the United States, over the age of 18 years, not a party to this matter, and competent to
4 testify herein.
5 2. On the date indicated below, I caused to be delivered one true and correct copy of
the foregoing document on counsel of record as follows:
6
7 Attorneys for Defendant and Third Party
Plaintiff Seattle Tunnel Partners
8 hand delivery via legal messenger
John Parnass, WSBA #18582 overnight delivery
9 Zachary Tomlinson, WSBA #35940 mailing with postage prepaid
Sarah S. Washburn, WSBA #44418 e-service per agreement of the parties:
10 PACIFICA LAW GROUP, LLP john.parnass@pacificalawgroup.com
1191 Second Avenue, Suite 2000 zak.tomlinson@pacificalawgroup.com
11 Seattle, WA 98101 sarah.washburn@pacificalawgroup.com
Phone: 206 245-1700
12
Joseph L. Luciana, III, PA Bar #50286* overnight delivery
13 John R. Dingess, PA Bar #28861* mailing with postage prepaid
Samantha L. Brutout, PA Bar #203553* e-service from King County ECF system
14 Brian R. Davidson, PA Bar #74684* e-mail service per agreement of the parties:
James S. Malloy, PA Bar #89354* jluciana@dfllegal.com
15 DINGESS, FOSTER, LUCIANA, DAVIDSON jdingess@dfllegal.com
& CHLEBOSKI, LLP sbrutout@dfllegal.com
16 20 Stanwix Street, 3rd Floor bdavidson@dfllegal.com
Pittsburgh, PA 15222 jmalloy@dfllegal.com
17 *Admitted pro hac vice
18 Attorneys for Third Party Defendants and
Fourth Party Plaintiff Hitachi Zosen U.S.A.,
19 Ltd. and Hitachi Zosen Corporation hand delivery via legal messenger
overnight delivery
20 Richard O. Prentke, WSBA #5786 mailing with postage prepaid
Andrew L. Greene, WSBA #35548 e-service per agreement of the parties:
21 Brendan J. Peters, WSBA #34490 rprentke@perkinscoie.com
V.L. Woolston, WSBA #9453 vwoolston@perkinscoie.com
22 Mica D. Simpson, WSBA #46596 agreene@perkinscoie.com
Nicholas P. Gellert, WSBA #18041 bpeters@perkinscoie.com
23 Jonathan P. Goddard, WSBA #49872 msimpson@perkinscoie.com
Todd W. Rosencrans, WSBA #26551 ngellert@perkinscoie.com
24 PERKINS COIE LLP jgoddard@perkinscoie.com
1201 Third Avenue, Suite 4900 trosencrans@perkinscoie.com
25 Seattle, WA 98101
Phone: 206 359-8000
26

DECLARATION OF PAUL VAN HORNE ISO WSDOTS

MOTION FOR SUMMARY JUDGMENT 7 STOEL RIVES LLP
ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
93327876.1 0081287-00001 Telephone (206) 624-0900

1 Attorneys for Third Party Defendants HNTB
Corporation
2 hand delivery via legal messenger
Bradley G. Taylor, WSBA #18611 overnight delivery
3 John V. Leary, WSBA #36345 mailing with postage prepaid
Petra N. Ambrose, WSBA #48924 e-service per agreement of the parties:
4 GORDON & REES, LLP btaylor@gordonrees.com
701 Fifth Avenue, Suite 2100 jleary@gordonrees.com
5 Seattle, WA 98104 pambrose@gordonrees.com
Phone: 206 689-5100
6
hand delivery via legal messenger
7 Stephen B. Hart* overnight delivery
Christine E. Drage* mailing with postage prepaid
8 Jenifer J. Brannen* e-service per agreement of the parties:
Mark E. Petersen* bhart@weildrage.com
9 Sheila K. McDonald* cdrage@weildrage.com
Catherine L. Rigney* jbrannen@weildrage.com
10 WEIL & DRAGE mpetersen@weidrage.com
23212 Mill Creek Drive smcdonald@weildrage.com
11 Laguna Hills, CA 92653 crigney@weildrage.com
Phone: 949 837-8200
12 (*Admitted Pro Hac Vice)
13 Attorneys for Defendant Shannon & Wilson

14 Terry Scanlan, WSBA #19498 hand delivery via legal messenger
Patricia A. Robert, WSBA #46716 overnight delivery
15 Rochelle Y. Nelson, WSBA #48175 mailing with postage prepaid
SKELLENGER BENDER e-service per agreement of the parties:
16 1301 Fifth Avenue, Suite 3401 tscanlan@skellengerbender.com
Seattle, WA 98101 aschuchman@skellengerbender.com
17 Phone: 206 623-6501 probert@skellengerbender.com
rnelson@skellengerbender.com
18

19 Attorneys for Fourth-Party Defendants, the

Sureties
20 hand delivery via legal messenger
Thomas K. Windus, WSBA #7779 overnight delivery
21 WATT, TIEDER, HOFFAR mailing with postage prepaid
& FITZGERALD, LLP e-service per agreement of the parties:
22 1215 Fourth Avenue, Suite 2210 twindus@watttieder.com
Seattle, WA 98161
23 Phone: 206 204-5800
24

25

26

DECLARATION OF PAUL VAN HORNE ISO WSDOTS

MOTION FOR SUMMARY JUDGMENT 8 STOEL RIVES LLP
ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
93327876.1 0081287-00001 Telephone (206) 624-0900
Exhibit A
Exhibit B
Exhibit C