Trustees pull and probe $271,150 pay application for Lions Park landscaping

Trustees pulled a $271,150.52 pay application for Lions Park (listed as Hacienda Landscaping) from the consent agenda at the Sept. 8 special board meeting and directed staff to provide contract documents and a punch-list update before further action.

Trustee Constatos asked to remove the Lions Park Construction—Hacienda Landscaping line from the bill listing, expressing concern that some plantings appeared dead or failing. The board agreed to pull the entire bill listing from the consent agenda for discussion; later the board approved the remainder of the consent agenda and returned to the Lions Park item for detailed questions.

Park staff and Director Tim Howe explained the pay application relates to pay application No. 5 for the Hacienda playground construction. Howe said the village held payment until landscaping punch-list items — including several dead or diseased trees — were addressed. He said Upland Design participated in a recent walk-through, Hacienda is responsible under its one-year warranty from substantial completion, and the village would ask Hacienda to replace trees and correct missed landscaping. Howe said a 10-month warranty walk-through for the BPRC (recreation center) was scheduled for Sept. 18 and the village planned to address building-related landscaping under WB Olson’s contract as part of warranty work.

Trustees sought clarity on the timing and duration of warranties. Howe said the building carries a one-year warranty from substantial completion; he said substantial completion had not yet been issued for the project, so warranty obligations tied to substantial completion had not yet begun. Trustee Kumar urged staff to seek an extension or additional protections to ensure replacements survive through the next planting season.

Finance and park staff told trustees there are additional pay applications expected (pay app No. 6 and later), with roughly $201,000 estimated for pay app No. 6 and a further remainder of about $185,000 afterward. Staff said the village could withhold future contract payments under the warranty and hold portions of the final contract amount until punch-list items are completed. Trustees asked staff to provide the contract and a drawing showing which landscaping responsibilities belonged to the architect/contractor (Williams/WB Olson) versus Hacienda.

After discussion the board approved the bill listing (with the disputed item pulled for follow-up) by roll call. Trustees recorded they would request the contract documents and maintain withheld amounts until the punch-list work is completed. Director Howe said contractors had been told that if they wanted payment, they needed to move quickly to replace the trees this fall; staff also noted some plantings may need to wait until spring for optimal replanting.