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Council rejects Buy America change order for Kansas Street reconstruction
Summary
Council debated and then rejected (4–3) a change order adding Buy America provisions for Kansas Street reconstruction after staff said federal guidelines required the contract be updated; staff said the change order runs about $149,820.95 and is auditable.
City staff asked the council March 11 to authorize a change order with Active Construction Inc. to add required federal Buy America provisions to the Kansas Street reconstruction contract and to formally account for the cost of Buy America-compliant materials.
City Administrator Mark Bethune told council that because federal funds were used in design, the contract must follow Buy America rules requiring certain steel and iron to be U.S.-made. The Buy America provisions had been omitted in the original bid documents; after bidding, Washington state Department of Transportation advised the city that the provisions should have been included. Active Construction provided an itemized list of Buy America-eligible items that totaled about $147,000, plus a retainage bond of roughly $2,800, yielding a change-order amount staff presented as approximately $149,820.95. Bethune emphasized the contractor had provided an auditable, itemized document.
Council members asked how the amounts were calculated and whether the city could have included Buy America in bid documents; staff said bid prices would likely have been higher if Buy America had been included up front. Councilmember Hogan moved to authorize the mayor or designee to execute the change order; after discussion the council held a roll-call vote. Councilmembers Holland, Hogan and Sprowl voted yes; Councilmembers Reid, Torres, Williams and Tracy voted no. The motion was defeated by a 4–3 vote.
No change order was authorized at the meeting; staff said they have incorporated additional project checklist procedures to prevent future omissions and will ensure contract documents are complete before bidding.
