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Council approves emergency contract to finish Frontier Heights Park after contractor default
Summary
With trenches and unsecured storm structures posing immediate safety risks, council approved Resolution No. 202605 to award an emergency contract to Diverse Earthworks for $1,112,613 to complete Frontier Heights Park construction; staff said the amount is within the adopted budget and mostly grant‑funded.
The Lake Stevens City Council on April 28 approved an emergency procurement resolution to finish Frontier Heights Park after the original contractor was terminated for default, leaving open trenches and unsecured stormwater structures.
Public Works Director Aaron Halverson told the council the situation posed immediate safety concerns and that state emergency procurement law and the city's procurement policy allow awarding a contract to the next low, responsive bidder. After soliciting the remaining bidders on the original advertisement, staff recommended awarding the work to Diverse Earthworks for $1,112,613. “That is consistent with the adopted budget,” Halverson said, and staff do not foresee budget impacts moving forward.
Council members asked whether the city would take the same course of action if the former contractor pursues litigation; staff and the city attorney confirmed the emergency award is based on site safety and would proceed whether or not the previous contractor pursues appeals or a lawsuit. Council then made and seconded a motion to adopt Resolution No. 202605; the motion passed on a voice vote.
The emergency award allows the city to secure the site, complete construction and reduce public safety risks posed by the partial work. Staff said funding largely comes from grants and that no supplemental appropriation is expected at this time. The resolution packet was provided to council at the meeting.
