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Svoboda denied contract extension

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By DEENA WINTER / Lincoln Journal Star

Thursday, May 10, 2007 - 12:36:23 am CDT

The city has denied City Councilman Ken Svoboda’s request for a second extension to finish his company’s contract to install landscaping on several 84th Street medians.

Damages — basically, late fees — are accruing at $200 a day against Ray’s Lawn and Home Care.

And because Svoboda didn’t meet the revised May 1 deadline, the city could pursue more than $100,000 in late fees that had accumulated by March.

Story Photo
Medians on 84th Street on either side of Van Dorn are the center of controversy. This image looks north to Van Dorn. (Robert Becker)

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Svoboda denied contract extension

The city has denied City Councilman Ken Svoboda’s request for a second extension to finish his company’s contract to install landscaping on several 8...

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Svoboda has been squabbling with the city over his company’s $55,835 contract to plant buffalo grass, poppy mallow and trees on 84th Street medians between South Street and Montello Court.

The work was supposed to have been done by June 2004, but the medians still don’t look anything like they were supposed to. 

The city hired Lincoln architectural firm Clark Enersen Partners to design and inspect the medians.

Svoboda did not return a call seeking comment Wednesday, but he has said the main problem has been getting poppy mallow to grow on the medians.

Mayor Coleen Seng and Svoboda signed an agreement in March altering the contract terms and extending the completion date.

As part of the agreement, Seng agreed to waive more than $100,000 in damages if Ray’s finished the work by May 1 — the day Svoboda lost his bid to be Lincoln’s mayor.

But when election day rolled around, the work still wasn’t done. Svoboda blamed his plant supplier, saying the poppy mallow wasn’t mature enough to go in the ground.

He said he asked for the extension at the request of a parks employee and Clark Enersen’s supervising architect, who thought the 2,400 poppy mallow plants needed more time to mature.

But Public Works Director Karl Fredrickson denied the request.

“I feel that’s between Ray’s Lawn Care and their supplier,” he said.

Fredrickson said the medians showed no improvement when he drove by them Tuesday.

Assistant City Attorney Steve Huggenberger said because Ray’s didn’t meet the revised deadline, the city has the option of pursuing the late fees that had been accruing at $100 a day since June 2004.

“We haven’t made any decision on that,” Huggenberger said.

As with all contracts, the city won’t determine damages until the work is complete.

If the city charged $100 a day for every calendar day since June 2004, Ray’s would owe more than $100,000.

But, Huggenberger said: “I’m sure the contractor can argue that there are reasons that all the days shouldn’t be counted and I’m not going to prejudge what their arguments are.”

The agreement Seng signed didn’t absolve Svoboda of $12,483 in actual damages that had accrued as of March 9, plus whatever additional staff and consultant expenses have accrued since then.

The change order also required Ray’s to get a $75,000 letter of credit on which the city can immediately draw if Ray’s defaults on the contract. Fredrickson said that hasn’t happened yet.

Reach Deena Winter at 473-2642 or dwinter@journalstar.com.


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Chomper wrote on May 10, 2007 5:28 am:
" And this guy wanted to be mayor. He was hoping he would win so he could extend his own company. I hope the city doesn't back down on there late fees the city could really use this. If a non city council person was to owe late fees they would surely put the hammer down. Chomper "

 Larry wrote on May 10, 2007 5:45 am:
" This could get interesting! I wonder if the holding his feet to the fire comment was the right choice. In any case, I bet the city backs down... "

 resident wrote on May 10, 2007 6:45 am:
" I am tired of his antics with the city. Why does a city council person have that kind of contract with the city anyway? She should not be awarded those contracts and if so, should make good on all of them. Seems like a lot of money anyway. "

 Ted wrote on May 10, 2007 6:54 am:
" It is good to see the City has finally decided this has gone long enough and started to hold Ray's Feet to the Fire. Three years is long enough for Poppy Mallow to mature, I would think. "

 JB wrote on May 10, 2007 7:09 am:
" It's about time he was held accountable! "

 Observer wrote on May 10, 2007 7:11 am:
" The spaces should have been filled in with concrete in the first place. "

 Joyce wrote on May 10, 2007 7:14 am:
" It's a conflict of interest. HE should not be allowed to bid on City projects. "

 Wm. Morris wrote on May 10, 2007 8:20 am:
" $100,000 in late fees? No wonder he wanted to be Mayor so badly. His first move would likely have been an indefinite extension on his contract. "

 Nina wrote on May 10, 2007 8:28 am:
" It's only fair - a contract is a contract, and even with unforeseen problems, the extension time already given was ample. Some people just have to be shown you mean business. "

 George wrote on May 10, 2007 8:38 am:
" How much was this contract worth? It's a wonder any business would risk these terms unless there was a big prise at the end. We already know this mess may have caused the loss of up to 843 votes and the election. "

 Deb wrote on May 10, 2007 8:53 am:
" Way to go Seng - stick it to someone who has growers and weather to deal with. The safety of the citizens is not at stake here, but you dismissed late charges for the fire trucks - go figure. I'm glad you are leaving office. "

 Why wrote on May 10, 2007 9:14 am:
" Why does Lincoln have so many medians in the first place? They are a waste of money. How many other cities use as many medians as Lincoln does? They cost a fortune to build, obviously cost a fortune to maintain, and why hassle with them with snow removal. Lincoln gets first place prize in unnecessary spending. And no, medians do not save lives so don't even try to drop that argument. "

 Mark wrote on May 10, 2007 9:26 am:
" Hit them with the fees. "

 Mike Honcho wrote on May 10, 2007 9:44 am:
" I hope the same people who are calling for Svoboda to be nailed with fines were the same ones who were angry with Seng for not pursuing the fines on the fire trucks. THAT cost the city a LOT more money. "

 dlb wrote on May 10, 2007 9:55 am:
" Hold his feet to the fire. Make him follow the contract! "

 Give it a Rest Carl. wrote on May 10, 2007 9:56 am:
" At a previous year's Friends of Wilderness Park sale, Poppy Mallows which were advertised for sale were in short supply because the grower had a hard time propogating the plants. Even some of the best gardeners in Lincoln have a hard time propagating the plants.

So does the city want hundreds of dead plants or to wait a few more days for a healthier set of plants. Even when they are installed, they won't last forever. The plants exhaust their blooming capability easily and require propagating by cuttings or seeds. They were a bad choice for medians to begin with. "


 kp wrote on May 10, 2007 9:58 am:
" I'm sure the growers and weather complied sometime during the 3 years he has been late.

The city should take the money and all $100,000. I agree the medians should have been covered with cement in the first place. But Ray's agreed to contract and did not produce results. Too bad so sad.

Another deal I have heard of that torques me is Trees that were bought by LES. The trees were gaurenteed for a year or two and they kept track of how many died. When they brought that back to the company that sold them to them they wouldn't reimburse LPS for the trees. What do you think happened? LPS bought more trees from the same vendor. What are they doing? "


 doesn't make a difference wrote on May 10, 2007 10:06 am:
" Doesn't make a difference if Svoboda ran for public office or not. He entered into a binding contract, and if he is any type of businessman, he read the terms of the contract and agreed to abide by those term - ALL OF THEM INCLUDING THE LATE FEES CLAUSE. He should be thanking the city for waiving some of his late fees. If he had everything ready to complete the contract, he would have also allowed the time for the poppy mallow plants to be mature enough to plant, and also should have known if that plant is able to grow in the area as specified. By not completing the contract he is liable for all expenses he has caused the city, for his late fees, and for any additional expenses the city will have to incur in order to get the mediums completed as per his contract. I have no sympathy for any business owner that enters into a contract and cannot fulfill it, and then blames it on a supplier. His recourse would then be to sue his supplier for all the expenses he has to incur, but before he can do that and win, he best have everything proving that it was the suppliers fault and that the supplier breached the contract with him. Something tells me that can't be proven. The city needs to move on this without anymore offsets and additional costs to them....and in turn to the taxpayers! "

 Julie wrote on May 10, 2007 10:38 am:
" I guess if the plants are not mature we should plant them anyway.....,makes sense to me and then they will have to replace the ones that died. I guess I should get my money back for the dry land plants I planted recently and they died because of too much water. Same difference. "

 Hey Julie wrote on May 10, 2007 11:15 am:
" Three years overdue and the plants still aren't mature? Please tell me you're not buying the statement that the plants aren't mature. "

 options? wrote on May 10, 2007 11:24 am:
" Why does it need to be poppy mallow?? Are there other plant options since these seem to be a problem? instead of looking for an easy solution, fredrickson and the city are being bullish. I wonder why people think the city is inflexible and this dept. in particular. "

 Sean1 wrote on May 10, 2007 12:00 pm:
" My how the good ol boy network has fallen! "

 anon2 wrote on May 10, 2007 12:08 pm:
" Why would a plant be specified that is so diffcult to propagate. If I were bidding the contract I would have insisted on having input into the plan so that I could use species proven in this area and readily available from suppliers. If Ray's gets cheated on this deal it probably says a lot more about stupid design and bid specifications than about the winning bidder. The only fault I can find with Rays is being willing to bid city contracts and then wait so long to get paid. Try not paying the States road-oil contracts and see who shows up for the next round of bidding. "

 Julie wrote on May 10, 2007 12:17 pm:
" Just plant marigolds and they will re-seed themselves every year.... and they are 10 pkgs of $1.00 "

 Roger W wrote on May 10, 2007 12:42 pm:
" Oh yeah hit him when he's down and hit him again. I say get rid of all the city personell. "

 anon2 wrote on May 10, 2007 12:53 pm:
" waiting so long to get paid? the job is three years overdue for completion. And if they didn't like the choice of flowers, why did they bid? As far as hitting him when he's down, how about he keeps his word and completes the contract, how about a little truth from Ken Svoboda. "

 Unbelievable wrote on May 10, 2007 12:55 pm:
" This is another reason our taxes are so high, many citys I've lived in sure don't have all these mediums. They are expensive and even more expensive for the upkeep. But this is the city, making jobs at the taxpayers expense. Can't anybody see, the city won't get out and get business and industry in for jobs, but keep "MAKING" jobs for the taxpayers to pay the salaries. After Seng had been on the council for a coons age, I'd think Svoboda should have known not to deal with her in taking the contract. Also, in all the cities I've lived in that would be a conflict of interest. The city has no inkling as to spending of taxpayers money, they have been, like going to a very expensive store and buying all they can at the most expensive price. Those mediums should be concreted over. This city is like a person making $30,000. a yr and living in a $1,500,000 home!!! Quit interest Seng wants everybody to conserve on watering yet wants all these mediums with plants in a already dry & drought part of the country!!!!!?? "

 What? wrote on May 10, 2007 1:40 pm:
" Why is everybody yapping about Svoboda and the 84th St. mediums. Good grief, the city spends big bucks to put in BIG 84th street and I couldn't believe yesterday, South of Old Cheney they had a whole big section torn out AGAIN??!! I've seen that so much in this city, they build a new street, and a few months later tearing it all up again. The job on Pioneers has been going on for ages. It started last year the same time a big bridge/road project started in my former city (with half the taxes!) and it was done in a month. The Pioneers job is still going on. Talk about job security!!. I noted this to some friends with pictures and articles, and they wondered why the Pioneers job is taking so long??!! Then turn around and yelp at Svoboda for a few plants and lawn cutting, which goes to show where the city's priorities are??!!! "

 Lincoln unfriend to business wrote on May 10, 2007 1:48 pm:
" The lessen here ought to be, avoid doing business with the city of Lincoln. This city does not know what it is doing. Why are we expending $55,000 on medians along mile mile of one street in the first place and why would any would anyone want to do business with such a messed up crowd in the first place. This is the same group that chooses not to follow federal law and loses lawsuit against the disabilites. It's ridiculous to charge a business more in late fees than the original contract was worth. Does anyone else see how idiotic that is? "

 Poppy Mallow Stats wrote on May 10, 2007 2:49 pm:
" For all of you complaining about the drought and other issues about the plant choice. This info was found with very little effort. The Prairie Poppy Mallow Callirhoe involucrata is a low-growing perennial with a large taproot and hairy stems. Flower petals range from cerise to reddish violet with a white base. It grows to 30 cm high and spreads 60–70 cm wide. It is widely recommended to gardeners in the Western United States as a plant that is showy without being water-hungry. "

 TS wrote on May 10, 2007 4:06 pm:
" I hope 48% of the voters in the city in Lincoln get it now. "

 Poppy Mallow Rules wrote on May 10, 2007 4:23 pm:
" Contrary to what has been said on this board - poppy mallow is one of the easiest plants to grow. Talk to the Nebraska Statewide Arboretum, talk to any real nursery. It was growing extremely well on S. 70th Street for two seasons until Ray's lawn care took over the maintenance contract. The plant was absolutely thriving and bloomed from May to August. However, as a result of their "maintenance" they were able to kill one of Nebraska's hardiest plants! The growers that claim they are unable to grow it - should have their growers license revoked from the state. "

 Marvin wrote on May 10, 2007 8:51 pm:
" Planting trees in those small medians and close to the traffic, that’s a real smart option, way to go Lincoln "

 anon2 wrote on May 10, 2007 8:52 pm:
" If poppy mallow won't grow here then the specs in the contract are unrealistic. Lets string up the landscape designer instead. I doubt if Ray's needs the headache of a city contract anyway. Somebody downtown ought to get out of the office and do a bit of real work for a change. "

 Sean wrote on May 10, 2007 9:15 pm:
" Let's collect the fines only if we collect the thousands and thousands from the fire truck company. I'm sure glad the city is consistent! Nice political move though. It's rather funny to sit back and watch all this nonsense. Lets get some real things done. "

 kaseyo wrote on May 10, 2007 9:53 pm:
" Hold his feet to the fire. Rememeber that comment. Time to pay up. "

 Jayson wrote on May 10, 2007 10:59 pm:
" Sometime in the past 3 years why hasn't a decision been made to plant something different just to get the job done? There has to be another kind of plant that could have been used. "

 Poppy Mallow2 wrote on May 10, 2007 11:29 pm:
" Here is the reference where it states that Poppy Mallow exhaust their blooming cycle easily and need to be refreshed with new plants. http://www.backyardgardener.com/pren/pg26.html Yes, drought tollerant, but only after they get a good start. Lots of nurseries have difficulty getting a full crop of this plant. It was one of the more prominent nurseries in Lincoln that did the propogating for the Friends of Wilderness Park sale...even they had difficulties. "

 Better collect!! wrote on May 11, 2007 12:40 am:
" I's say send out the hounds... I mean we are missing poppy mallows. Mabey it was on a bid sheet, but not the order sheet given to the grower... But Seng just waves over 1\2 million dollars in late fees to EDM. All the while the deficient fire engins are not working properly and may compromise the safety of the firefighters and the public. By gosh we better grow them flowers! "

 whatever wrote on May 11, 2007 6:38 am:
" The bottom line is an ethical business person who holds public office would not be bidding on contracts with the political institution he holds office, nor would the political institution allow it for obvious reasons. This is a no brainer for an ethical person with high standards of personal conduct. And why anyone would vote for someone with a blatant conflict of interest is beyond me. Their ethics would seem to be questionable as well. It doesn't matter if it's legal or not, it's a matter of credibility, honor, fairness and ethics. "

 What a circus! wrote on May 11, 2007 9:10 am:
" Agree with Lincoln unfriend to business, a contract worth $55,000 should not have $100,000 late fee. Amazing. V. funny about poppy mallow being easy to grow in Nebraska and maintenance killed it. This just gets better! "

 bb wrote on May 11, 2007 9:51 am:
" but will the city really show any back bone and do anything about it? it is time for the people of lincoln to start DEMANDING more from their city officials "

 Julie wrote on May 11, 2007 1:56 pm:
" Let's leave Rays Lawn Service alone. The company had made a different suggestion and the City still wanted the Mallow. Yes, they are beautiful and easy to care for(maybe). Why do we need trees there in the middle of the road to obstruct the drivers. Flowers make you want to watch them and not the street and the other drivers. Let's get back to not making it a beautiful city and find better jobs for the city. Apearance to me is not the big picture , better jobs & better pay. "

 Julie? wrote on May 11, 2007 3:02 pm:
" Leave them alone?, they signed the contract for Poppy Mallow, so they need to fulfill the contract, what part of that is so hard? They didn't need to either bid or accept the contract, they di so they need to fill the terms of the contract. So you want your house painted white, you bid it out, the painter signs the contract but wants to paint your house blue, what would you do? "

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