City Hires New Contractor to Finish Work and Get Juanita Beach Reopened

Marshbank Construction of Lake Stevens was hired Thursday to speedily finish the $1.18 million modernization project at , stalled since the city of Kirkland fired the original contractor June 3 for failing to meet the required deadline.

The city wants to reopen the park, closed since May 2010, sometime this summer, said City Manager Kurt Triplett, and the focus of the work will be on completing the main area of the project so the public can access the beach.

"We have been working feverishly behind the scenes for the past three weeks," said Triplett. "It's extremely complicated, working with the bonding company (of the original contractor, DMSL Construction). Now we're finally able to say we've learned enough for Marshbank to start.

"So we are very happy."

Small crews could be working at the site by Friday, and full crews are expected to be working on Monday.

The city terminated its contract with DMSL on June 3 for numerous reasons, including its failure to complete the project by June 1. Instead of receiving a lump sum for the contract, due to the urgency, Marshbank Construction will be paid for work done and materials provided as they accrue.

“Our goal is to open up Juanita Beach Park as soon as possible while still protecting the city’s financial interests,” Triplett said.

The project at the 30-acre park is completely renovating its beach area south of Juanita Drive, with a new wetlands area, landscaping, promenade, trails and an amphitheater.

"It's great to hear they have hired a new contractor," said Scott Morris, president of the Denny Creek Neighborhood Alliance, a group formed to protect the forests and parks of Finn Hill nearby. "It would be so nice to have that park open again. I think everybody is anxious to see the park reopened, and I'm kind of excited to see how the new park will look, to see what they've done."

Triplett said the city has been hearing regularly from residents concerned about the situation and the long closure of the beach--more than a year now.

"We probably have had more than 100 contacts (since the firing), mostly polite, but obviously expressing frustration," he said. "Obviously, we share the frustration."

The city was able to forgo standard competitive bidding requirements to hire the new contractor after the City Council on June 7 unanimously passed a resolution waiving those requirements due to the urgency of the situation.

The city hired Marshbank Construction on June 13 to protect the site by taking steps to control erosion and evaluate what was needed to complete the project and open the park. 

At the same time, the city has been working with DMSL’s bond company, First Sealord Surety Inc., in order to protect the city’s financial interests. At the request of First Sealord, Kirkland evaluated a new proposal by DMSL, but felt that it did not demonstrate the ability to finish the project.  So the city gave Marshbank the OK to start work as soon as possible. 

The city continues to work with First Sealord Surety to evaluate what the full cost will be to complete the entire project, including the work to open the beach, and what costs will be the responsibility of the company.

The city had entered into a contract with DMSL Construction Inc. in March 2010 and work began in May 2010. The contractor was only compensated for actual work that it completed in the park.

Triplett said the balance left on the contract is $448,744, which should allow Marshbank to finish the beach portion of the project, and enable the city to get that part reopened. 

The remaining work will be along Juanita Creek and a newly created wetlands area, and the city faces an August deadline under its state and federal permits because of fisheries considerations. Triplett said the city hopes to quickly reach a final agreement and settlement with First Sealord Surety and then proceed with work along the creek.

One of the issues delaying the hiring of a new contractor, Triplett said, was that First Sealord Security is an East Coast company unfamiliar with local challenges of such projects. However, it has since hired local attorneys and a local engineer to look at the project.

"All indications are we'll reach an amicable agreement," he said. "We think we're going to reach resolution quickly because they now understand that."

You can find project updates on the city web pages at www.kirklandwa.gov/parks (select Park Planning & Development).