Council unilaterally accepts Garfield Blackberry Canyon drainage project after change-orders, contractor dispute

The Kennewick City Council voted unanimously on April 1 to unilaterally accept work completed by All Star Construction Group, Inc., on the Garfield Blackberry Canyon Drainage Outlet Project, following multiple change orders and a contractor dispute over final payment. The motion to unilaterally accept the work carried the vote 5-0.

Public Works staff summarized the project as a conversion of an existing west-side drainage ditch on Garfield to a piped drainage system between Park Hills and North 19th Avenue. The project incurred four change orders and extended beyond its original schedule and cost estimate. Staff reported the project exceeded the original contract amount by 28.7 percent overall; after excluding costs attributable to a third party mislocated utility (Ziply Fiber), city-attributable overage was about 17.8 percent.

Staff described the four principal change orders as: conflicts with existing water mains not accounted for in the original design; discovery of a large utility vault mislocated by Ziply Fiber that required redesign and additional work; removal and replacement of 200 feet of 36-inch storm pipe plus additional sidewalk replacement; and corrective work to replace a pipe section installed at a reverse slope. After the corrective work, the contractor submitted a claim that the city says did not follow the contract’s claims procedures and later refused to sign the final pay estimate despite multiple attempts to resolve outstanding quantities.

Public Works recommended the council unilaterally accept the work so the city could finalize project closeout. Staff attached a memo with additional details. Councilmember McBauer asked for clarification about responsibility for the reverse-slope reinstallation; staff said survey data, contractor performance and negotiation were factors in determining responsibility for costs. Council directed that the council meet in executive session to discuss potential litigation with legal counsel pursuant to the state open-meetings statute. The executive session took place and was scheduled to end at 7:30 p.m.; the public meeting resumed and a motion to accept the work was made.

Motion and vote: Mayor Pro Tem Torelli moved to unilaterally accept the work of All Star Construction Group, Inc. for contract P201921P201023 Garfield Blackberry Canyon Drainage Outlet in the amount of $727,842.76; Councilmember Trumbo seconded. The clerk called the vote and the motion passed unanimously, 5-0.

Why this matters: the project addressses stormwater infrastructure and neighborhood drainage, but the reported overruns and a contractor dispute that led to unilateral acceptance raise questions about project controls, existing-utility mapping, and potential legal exposure for the city.