Foreign steel a problem for ferry ramp

The contract to construct the ramp for the ferry "Wahkiakum" may end up in court.

The contractor, Bergerson Construction of Astoria, has admitted using steel made in Mexico in the project, which goes against clauses in the federal funding grant which require all steel to be produced in the United States.

The contractor, state, local and federal officials are discussing the matter to determine whether not the grant terms have been violated.

"There is a potentially serious problem brewing with the ferry landing contract," Pete Ringen, county Public Works Director said Monday. "At this time, the contractor has not violated the terms of the contract, because the Mexican steel was used in the temporary construction on the temporary ramp.

"This is not a violation of the contract.

"We have some serious concerns with how the contractor will complete the contract without using the non-U.S. steel, because we have been informed the contractor intends to complete the project using some pre-fabricated units that were made of the Mexican steel.

We have been meeting with the contractor, the Federal Highway Administration, and the Washington State Department of Transportation to look for opportunities to resolve this matter.

"A worst case scenario would be for the county to lose all federal participation in the project.

"While I respect the contractor's forthright honesty in admitting their mistake in ordering the non-U.S. product, and I appreciate the good job they have done so far on the ferry landing project, obviously we cannot afford to jeopardize the federal funding on our project. It has been my hope that a reasonable option could be found where the contractor would have some penalty, but the project as a whole would not be threatened.

"So far, such an option remains elusive."

Funding could also be threatened if the issue delays completion of the project beyond the deadlines in the federal contract, said county Prosecuting Attorney Dan Bigelow. The contractor is under pressure to get the job done within the deadline of the grant, a failure to do so could void the funding pact.

"We won't be on the bottom of the pile," Bigelow said. "Somebody who made us a promise did not live up to it. That leaves us with a remedy to go after."