Damages due for delay in reopening Hawthorne Bridge

The contractor doing the renovation work on the Hawthorne Bridge in Portland faces liquidated damages of $6,000 a day for every day the bridge remains closed after March 31, 1999, according to bid documents obtained by the Columbia-Pacific Building Trades Council.

Last week, Multnomah County officials announced that the reopening of the Willamette River bridge would be delayed by as much as six weeks, "primarily due to unforeseen custom work, severe winter weather and corrosion," the county said.

The bridge was closed March 31, 1998, for re-painting, re-decking and other renovations with assurances from Multnomah County and the Oregon Department of Transportation (ODOT) that it would reopen in 365 days. The closure has crippled many small businesses in the Haw-thorne District that rely on bridge traffic to bring customers to their shops.

The bid document specifies that "time is of the essence" for completion of the project and that contractors should factor in possible double shifts and overtime costs in their bid submissions. The bid document also says that for each day the bridge remains closed after March 31, the contractor would face liquidated damages of $6,000 a day.

At the time the contract was awarded (Oct. 17, 1997), affiliates of the Columbia-Pacific Building Trades Council questioned how contractor Abhe & Svoboda, a non-union firm from Minnesota, could complete the prevailing wage work on a low-ball bid of $16,663,310.

According to Wally Mehrens, executive secretary-treasurer of the building trades council, Multnomah County and ODOT conducted extensive "super surveys" to determine the cost of renovations. "At that time they estimated the cost at about $21 million," he said. "Then they took a low-ball bid of $16 million, but now they're using the $21.8 million figure again.

"Granted, you can't find everything in a survey," Mehrens said. "There will always be some surprises. But not of this magnitude."

The project is funded by state, county and federal gas taxes.

According to project manager John Lindenthal, a primary cause for the delay is custom work required on Span 6, the westernmost bridge span, which connects with an on-ramp above Naito Parkway. Details of previous remodels to this section in the 1930s and 1950s were not documented, forcing engineers to design custom repairs on the spot, he said in a press release. The extent of corrosion to steel members beneath the deck was also unknown until the old deck, installed in 1945, was removed.

Corrosion was worse than expected, requiring more steel to be replaced.

Lindenthal said the delay will not cause the project to go over budget. While the delay will be inconvenient, he emphasized that the additional repairs will help prevent future bridge closings, save tax dollars and ensure public safety. "If we make these improvements now, we won't need to make them later," he said.

"Tell that to the merchants on Hawthorne who are about to go out of business," said John Kirkpatrick, a business representative of Painters District Council 55, who predicted this outcome a year ago. Kirkpatrick said recent visits to the project site show no signs of a second shift working to get the job completed.

Mehrens said the building trades council also has requested from the county a certified payroll Jan. 28, but has yet to receive it.

Questions about environmental impacts and worker safety have dogged the project from the beginning. The Columbia-Pacific Building Trades Council sued Multnomah County alleging discrimination on the project by the contractor for not hiring women, minorities or apprentices. The Eastern Oregon Mining Association issued a letter of intent to sue the county, the State of Oregon and the U.S Federal Highway Administration for alleged violations of the Endangered Species Act. Television news crews have filmed workers dropping metal welding debris into the Willamette River and containment tents installed to capture lead-based paint have blown apart, dusting the river and outdoor tables at a nearby restaurant with toxic residue. The Oregon Occupational Safety and Health Administration has fined the contractor for failure to provide fall protection, and other infractions.

"It's been one thing after another, and project managers from the county or ODOT don't seem to take it too seriously," Kirkpatrick said.

In fact, Multnomah County has touted the steps project managers have taken to ensure environmental protections, worker safety, and the completion schedule.

For example, on Sept. 14, 1998, it said "Abhe & Svoboda has completed approximately 46 percent of the rehabilitation work." On Nov. 23, 1998, it reported "work is more than 50 percent completed and is scheduled to reopen as planned on March 31, 1999."

Then, on Feb. 18, 1999, came the bad news. "Work on the bridge will be delayed three to six weeks."

County officials said the project is now "86 percent complete; 98 percent of the painting and 78 percent of the deck replacement work is finished."

Kirkpatrick is planning to leaflet Hawthorne District merchants and hold a merchants' meeting to discuss the delay. He believes that any liquidated damages assessed to the contractor should be collected and distributed to shop owners who have been struggling to stay in business since the bridge closed.