RESOLUTION NO. 23-148
Resolution Of The City Council Of The City Of Emeryville Approving A Second Amendment To The Rubicon Landscape Enterprises Maintenance Contract To Add Additional Maintenance At Huchiun Park, Add Additional Irrigation Repair Work At Various Locations, Transition The Contractor To Electric-Powered Leaf Blowers And Prohibit The Use Of Neonicotinoids For A Total Increased Amount Of $68,231.50, And A Total Not To Exceed Contract Amount Of $518,189.40 WHEREAS, the City of Emeryville contracts for the maintenance and landscaping of City facilities, various parks, median island, and greenways throughout the City; and WHEREAS, many of the City’s landscaped areas are in need of work beyond the routine monthly maintenance including re-planting, re-seeding, heavy pruning, and other improvements; and
WHEREAS, the City periodically releases a Request for Proposals (RFP) for Landscaping Maintenance Services, the last one being in May 2022, which granted the City Manager authority to enter into an annually renewable contract through FY 2026/27; and WHEREAS, the City awarded Rubicon Landscape Enterprises Inc. a contract on August 8, 2022; and
WHEREAS, the City entered into a First Amendment to the contract extending the termination date to June 30, 2024 and increased the contract amount by $230,466.24 for a total contract amount of $449,957.90; and
WHEREAS, Huchiun Park was built by the Sherwin Williams development and the Opening Ceremony for the new park was held on October 28, 2023; and WHEREAS, the estimated percentage share for maintenance costs for Huchiun Park and the Emeryville Greenway is 61% for the City, and 39% for the developer; and WHEREAS, the Second Amendment adds repairing the irrigation systems, including installing irrigation bubblers for trees and planting new trees, at San Pablo Avenue, Park Avenue, and the Greenway to the contract scope of work, and the total cost for this additional work is $30,000; and
WHEREAS, the Sustainability Committee has discussed enacting a Citywide gaspowered leaf blower ban and this legislation is scheduled to be considered by the City Council by the end of the year; and
WHEREAS, City staff has worked with Rubicon to immediately transition their gaspowered leaf blowers to electric-powered ones rather than wait until their existing gaspowered leaf blowers reach the end of their life span, and, in order to achieve this result, staff have proposed splitting the cost for this equipment with Rubicon and the City’s share is $4,250; and
DocuSign Envelope ID: 50B9B94D-D371-496A-B0B6-0D5C83EDE550 Resolution No. 23-148
Rubicon Landscape Enterprises Maintenance Contract Amendment City Council Meeting | November 7, 2023
WHEREAS, the City Council has provided policy direction to staff to prohibit the use of neonicotinoids Citywide, and rodenticides outside of City parks; and WHEREAS, the ban on neonicotinoids and rodenticides has been included in this contract amendment; and
WHEREAS, there is sufficient funding in account fund 650-77020 and CIP # FM-01, project # 15650008 to cover the additional costs; and
WHEREAS, the City Manager has previously been delegated authority to renew the contract on an annual basis for FY 23/24, 24/25, 25/26, and 26/27 but any contract increase is limited to a cost-of-living adjustment based on the Bay Area Consumer Price Index or up to a maximum of five percent per year whichever is lower; now therefore be it RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute a Second Amendment to the Contract, attached hereto as Exhibit A-1, with Rubicon Landscaping Corporation to add additional maintenance at Huchiun Park, add additional irrigation repair services, transition Rubicon to electric-powered leaf blowers, and prohibit the use of neonicotinoids for a total increased amount of $68,231.50, and a total not to exceed contract amount of $518,189.40; and be it RESOLVED, by the City Council of the City of Emeryville that City Manager is delegated authority to execute future contract amendments that include the full annual cost of maintaining Huchiun Park, based on the monthly cost shown in Exhibit A-2, for Fiscal Year 24/25, 25/26, and 26/27 but any contract increase is limited to a cost-of-living adjustment based on the Bay Area Consumer Price Index or up to a maximum of five percent per year whichever is lower; and be it
RESOLVED, that the City Council of the City of Emeryville approves an additional appropriation in the amount of $68,231.50 from CIP # FM-01 Project number 15650008 to account fund 650-77020.
DocuSign Envelope ID: 50B9B94D-D371-496A-B0B6-0D5C83EDE550 Resolution No. 23-148
Rubicon Landscape Enterprises Maintenance Contract Amendment City Council Meeting | November 7, 2023
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, November 7, 2023, by the following vote:
AYES: 5
Mayor Bauters, Vice Mayor Welch and Council Members Kaur, Mourra and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
MSC 2nd Amendment & Exhibit A-2
DocuSign Envelope ID: 50B9B94D-D371-496A-B0B6-0D5C83EDE550
C A L I F O R N I A
M A I N T E N A N C E S E R V I C E S C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV 06/2020
SECOND AMENDMENT
THIS SECOND AMENDMENT TO THE MAINTENANCE SERVICES CONTRACT (“Amendment”) is effective as of _______________ by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and RUBICON LANDSCAPE CORPORATION (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS, the City and Contractor entered into a Maintenance Services Contract dated August 8, 2022 (“Contract”) for the purpose of retaining the services of Contractor to provide Citywide Lanscape Maintenance; and
WHEREAS, the City and the Contractor entered into a first amendment of the Contract on June 6, 2023 for the purposed of increasing the contract amount and extending the termination date of the contract; and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-2, attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: 762412AA-BB92-48FD-8790-EB74D9B60DA6 DocuSign Envelope ID: 50B9B94D-D371-496A-B0B6-0D5C83EDE550 City of Emeryville | Maintenance Services Contract Amendment REV 06/2020
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.5 of the Contract is hereby amended to extend the termination date to NEW END DATE.
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 1.3.C of the Contract by SIXTY EIGHT THOUSAND, TWO HUNDRED THIRTY ONE DOLLARS AND FIFTY CENTS ($68,231.50).
The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed FIVE HUNDRED EIGHTEEN THOUSAND, ONE HUNDRED
EIGHTY NINE DOLLARS AND FORTY CENTS ($518,189.40).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
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6. SIGNATURE PAGE TO MAINTENANCE SERVICES CONTRACT
SECOND AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: RUBICON LANDSCAPE CORPORATION
(Signature)
Nancy Emery, VP of Landscape Maintenance
Attach:
W-9 Form
Attach:
Business License Certificate
DocuSign Envelope ID: 762412AA-BB92-48FD-8790-EB74D9B60DA6 10/25/2023
DocuSign Envelope ID: 50B9B94D-D371-496A-B0B6-0D5C83EDE550 Exhibit A‐2
Current FY23‐24 Costs
Site Property Name Frequency Annual Monthly
Total FY22‐23 Costs $ 219,491.66
A 40th Street Medians, Emery St. to 40 St. Bridge (PW) Every other week $ 4,443.24 $ 370.27 B San Pablo Medians, 36th St. to 53rd St. (PW) Every other week $ 7,074.12 $ 589.51 C Doyle Street Greenway, 59th to north of Ocean Ave (PW) Every other week $ 10,254.60 $ 854.55 D Greenway Park, north of Ocean Ave to 65th St (PW) 1 x week $ 3,260.64 $ 271.72 E Greenway Park, 65th to 66th (PW) 1 x week $ 23,355.00 $ 1,946.25 F Greenway Park, 66th to 67th (PW) 1 x week $ 4,575.96 $ 381.33 G Greenway Park, Powell to 59th ‐ Elevation 22 (PW) 1 x week $ 10,520.28 $ 876.69 H Child Development Center (PW) 1 x week $ 9,046.92 $ 753.91 I Civic Center (PW) Every other week $ 10,201.80 $ 850.15 J Fire Station 34 (PW) Every other week $ 3,037.20 $ 253.10 K Doyle Hollis Park (PW) 1 x week $ 9,204.96 $ 767.08 L Fire Station 35 (PW) Every other week $ 2,417.76 $ 201.48 M Police Station (PW) Every other week $ 5,048.40 $ 420.70 N Caltrans ROW near Powell St and Frontage Rd (PW) 1 x week $ 6,101.28 $ 508.44 O Park Ave west of Hollis St. (PW) 1 x week $ 11,835.48 $ 986.29 R Site B on Shellmound Street (PW) 1 x per quarter $ 614.76 $ 51.23 S 6150 Christie Ave Lot (PW) 1 x per quarter $ 764.52 $ 63.71 1 Christie Park (PW) 1 x week $ 30,509.16 $ 2,542.43 3 Senior Center (PW) 1 x per quarter $ 2,945.64 $ 245.47 4 Former Volvo site in Shellmound (PW) 1 x per quarter $ 764.52 $ 63.71 5 Christie Bay Trail (PW) 1 x month $ 4,628.52 $ 385.71 7 40th at Emery to Adeline (sidewalks and the islands) (PW)1 x month $ 2,136.36 $ 178.03 8 Frontage Rd (east across from Point Emery) (PW) 1 x month $ 2,136.36 $ 178.03 9 Horton between 45th and 40th (PW) 1 x per quarter $ 1,371.60 $ 114.30 10 Peladeau Park (PW) 1 x week $ 7,994.04 $ 666.17 11 Horton Landing Park (PW) 1 x week $ 26,432.04 $ 2,202.67 ZZ City of Emeryville, Soil Test 1x year $ 3,541.08 FY24 Extra Work As needed $ 26,250.00
Total Existing FY23‐24 Costs $ 230,466.24 $ 16,722.93 12 Huchiun Park(@7months) 1 x week $ 33,981.50 $ 4,854.50 Additional Irrigation Work As needed $ 30,000.00 Electric Blowers Once $ 4,250.00
Grand Total $ 518,189.40
Summary
FY22‐23 $ 219,491.66 Base Contract
FY23‐24 Current $ 230,466.24 1st Amendment
+ Huchiun $ 33,981.50 New 2nd Amendment Items + Irrigation Work $ 30,000.00 "
+ Electric Blowers $ 4,250.00 "
Grand Total $ 518,189.40
Overtime rates for extra work, if any, shall be charged only on weekdays from 4:30 p.m. to 8:00 a.m., Saturdays, Sundays, and all national holidays. Overtime shall be charged only for the actual time spent at the work site in fifteen (15) minute intervals as approved in advance in writing by the City.
The Contractor shall not perform extra work unless approved in writing by the City Public Works Director.
Rubicon Landscape will provide maintenance services at the locations and frequencies noted below. Some activities include, but are not limited too: Mowing, weed abatement, pruning, replenishing mulch, tree trimming, irrigation repairs, and tree planting.
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Integrated Pest Management (IPM)
A. Goals
An integrated pest management program shall be implemented to:
1. Maintain healthy, attractive plants, maximize resistance to pests and outcompete weeds;
2. Monitor for presence of pests and to evaluate pest impact to plant health and appearance, and nuisance to the public;
3. Provide control treatments that have minimal negative effects on all but the pest and that protect air and water quality.
Contractor shall assume pesticides are potentially hazardous to human and environmental health. Preference shall be given to reasonably available nonpesticide alternatives when considering the use of pesticides on City property.
B. Insects and diseases
1. Key plant and key pests
Contractor shall identify primary plant species and cultivars in the landscape (key plants) and the pests that commonly cause significant harm to plant health or appearance (key pests).
2. Monitoring
Contractor shall monitor landscape areas to identify presence of beneficial insects and pests, determine populations, life stage, and degree of damage to plants. Key plants and key pests will be monitored closely during normal periods of pest activity. This information will be the basis on which pest control methods are initiated. Records of monitoring activity shall be kept.
3. Controls
Bay-Friendly Landscaping seeks to control pests without harming non-target organisms, or negatively affecting air and water quality and public health. It relies on IPM which uses a range of cultural, mechanical, physical, and biological control methods before using pesticides. Chemical controls are applied only when monitoring indicates that preventative and non-chemical methods are not keeping pests below acceptable levels. When pesticides are required, the least toxic and the least persistent pesticide that will provide adequate pest control is applied. Pesticides are not applied on a prescheduled basis. a. Cultural/Mechanical/physical methods. A number of maintenance practices or modifications of them can make the environment unfavorable for pest reproduction, movement, or survival. Often simply modifying an existing DocuSign Envelope ID: 762412AA-BB92-48FD-8790-EB74D9B60DA6 DocuSign Envelope ID: 50B9B94D-D371-496A-B0B6-0D5C83EDE550 Exhibit A-2 Continued
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maintenance practice, such as timing of pruning or fertilization, can produce positive results,. Other mechanical or physical practices may specifically combat plant pests or increase host resistance. Key treatments include:
1) Fostering a healthy soil, judicious fertilization only when needed, and managing irrigation appropriately.
2) Pruning to remove infected or infested branches and shoots. Time pruning to avoid periods of insect infestation. For example prune pines and eucalyptus in the winter (December-February) when bark beetles and borers are inactive.
3) Removing fallen twigs, leaves, and fruit that contains disease inoculum. 4) Mulching soil surface to reduce weeds and to reduce splashing and the drops of mud that would protect spores deposited on plant surfaces. 5) Trapping insects using sticky surfaces (also used for monitoring).
Mechanical traps can be used to control rodents.
6) Bringing to attention of City plants that are disease or insect prone and suggesting resistant plant replacements or those better suited to the site and microclimate
b. Biological methods
Biological controls are pesticides of natural origin that have limited or no adverse effects on the environment or beneficial organisms. Determining the effective biological control and proper timing of application are critical to success in pest control.
The Contractor shall consider the following biological control methods when cultural/mechanical/physical methods are not adequate to lower pest populations to the target level.
1) Bacillus thuringiensis (Bt)
2) Parasitic nematodes
3) Pheromone traps
4) Beneficial insect release and conservation
c. Pesticides
The term pesticide applies to insecticides, fungicides and other substances used to control pests. Antimicrobial agents are not included in this definition of pesticides.
1) Least toxic pesticides
When cultural, mechanical, physical and biological controls have provided inadequate pest control, the Contractor may select and apply an appropriate least-toxic pesticide as a last resort. Least-toxic pesticides have a high LD-50, low residual, and narrow range of toxicity. Application must be timed to the appropriate life stage of the pest.
Examples are:
a. insecticidal soaps,
b. horticultural oils,
c. herbicidal soaps,
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d. neem,
e. Pyriproxyfen insect growth regulator (e.g. Distance IGR) 2) Restricted chemicals
Organophosphate-containing pesticides have been found to persist in the environment and cause water quality impairment of some creeks, streams, and arroyos in Alameda County. They are restricted from use. Examples include:
a. diazinon, trade names Spectracide®, Knox-out® and
b. chlorpyrifos, trade names Dursban®, Pageant®)
c. malathion and carbaryl (trade name Sevin®)
Water quality agencies recommend against using pyrethroids and pyrethrins containing piperonyl butoxide (PBO). These chemicals are restricted from use.
Pyrethrins are toxic to birds, fish, and beneficial insects, should be used only as a last resort, and carefully applied to avoid runoff and contact with non-target plants.
Contractor shall not apply any Toxicity Category I or II Pesticide Product, any pesticide containing a chemical identified by the State of California as a chemical known to the State to cause cancer or reproductive toxicity pursuant to the California Safe Drinking Water and Toxic Enforcement Act of 1986, and any pesticide classified as a human carcinogen, probable human carcinogen or possible human carcinogen by the United States Environmental Protection City, Office of Prevention, Pesticides and Toxic Substances.
Neonicotinoids are prohibited from use as part of this contract. 3) All chemical applications shall be performed by a licensed, trained technician. Contractor must be a licensed Pest Control Operator as required by the State of California, registered in Alameda Co., and strictly adhere to all laws.
4. Notice of pesticide use
a. Signs shall be posted at least three days before application of the pesticide product and remain posted at least four days after application of the pesticide. 1) Signs shall be posted (i) at every entry point where the pesticide is applied if the pesticide is applied in an enclosed area, and (ii) in highly visible locations around the perimeter of the area where the pesticide is applied if the pesticide is applied in an open area.
2) Signs shall be of a standardized design that are easily recognizable to the public and workers.
3) Signs shall contain the name and active ingredient of the pesticide product, the target pest, the date of pesticide use, the signal word indicating the toxicity category of the pesticide product, the date for reentry to the area treated, and the name and contact number for the City department responsible for the application.
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b. Contractor shall not be required to post signs in right-of-way locations that the general public does not use for recreational purposes. However, Contractor shall notify City in writing three days prior to pesticide applications in the rightof-way areas. c. Contractor may obtain authorization from the City to apply a pesticide without providing a three-day advance notification in the event of a public health emergency or to comply with worker safety requirements. Signs shall be posted for at least four days after application of the pesticide, as described in the Section above, 3.5.B.4.a., Notice of Pesticide Use
5. Recordkeeping and reporting
a. Contractor shall maintain records of all pest management activities. Each record shall include the following information:
1) target pest;
2) type and quantity of pesticide used;
3) site of the pesticide application;
4) date the pesticide was used;
5) name of the pesticide applicator;
6) application equipment used;
7) prevention and other non-chemical methods of control used. b. Contractor shall submit the pest management record to City on a monthly basis.
C. Weed management
1. Landscapes shall be maintained in a healthy and attractive manner using BayFriendly methods.
2. Identify key weeds
Contractor will identify key weeds present and design weed manage program to target those species.
3. Invasive plants
Invasive plant species may have been included in the plantings inadvertently.
Seedlings and/or suckers from those plants shall be removed by the Contractor.
Refer to www.bayfriendly.org or www.cal-ipc.org for a list of invasive species.
Remove all invasive plants not planted intentionally as noted in the Section below, 3.5.C.4, Controls. When invasive plants are an intended part of the landscape please notify City and propose a replacement option.
4. Controls
a. Cultural/Mechanical/physical methods will be used as the first choice in weed management.
1) Monitor planting areas frequently to identify and eradicate weeds early in the growth stage prior to their setting seed.
2) Cut or pull weeds using hand operated equipment where possible. 3) Mow large areas to reduce weed growth, and eliminate species that are not tolerant of mowing. Mowing is especially effective when done prior to seed set. Mowing also reduces fire hazard in open spaces.
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4) Goats may be used to manage weed growth, where appropriate. Goats must be well managed and plants fenced to avoid damage to non-target plants.
5) Mulches shall be maintained at all times over soil surface that is not covered by vegetation. (see also Section 3.3 E, Incorporate Organic Soil Amedments)
6) Sheet mulching, a layered system of non-plastic weed barrier overlain by mulch, shall be employed where possible.
7) Propane-fueled flamers may be used in winter and spring with required permits and approval by the Fire Marshall to kill early-season, non-grass weeds by heating the cells until they burst. The weed quickly wilts and dies.
b. Least toxic herbicides may be employed by Contractor as a last resort.
Examples are:
1) Fatty acid potassium salts (herbicidal soaps e.g. Safer's Superfast Weed and Grass Killer® Dr. Bronner’s Peppermint Anti-Bacterial Soap)1 2) Acetic and citric acids (e.g. Nature’s Glory Weed and Grass Killer RTU®) 3) Clove, citrus, mint and thyme oil (e.g. Matran II®, Xpress®) 4) Corn gluten
5) Low-toxic, low-residual herbicide [e.g. glyphosate (Round-up®), glufosinate-ammonium (Finale®), pelargoic acid (Scythe®) c. Restricted herbicides that may not be used because they have been identified as ground water contaminants are (trade names in parentheses):
1) Atrazine (Aatrex)
2) Simazine (Princep)
3) Bromacil (Hyvar, Krovar)
4) Prometon (Pramitol)
5) Bentazon (Basagran)
6) Norflurazon (Solicam, Predict, Zorial)
d. Restricted herbicides that may not be used because they have been identified as a compost contaminant are:
1) Picloram
2) Clopyralid
D. Vertebrate pests
1. Identify key pests that significantly affect plant health and appearance. Accurate identification is critical to appropriate control. Common vertebrate pests are:
a. Rodents including rats, mice, voles, moles, gophers
b. Deer
c. Rabbits
2. Controls
1 Trade names are used only as examples and are not intended as an endorsement.
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a. Mechanical/physical/cultural methods shall be
implemented as a first course of action. Preferred
treatments include:
1) Exclusion – Protect plants from damage by grazing
animals with fences or cages.
2) Habitat modification – Reduce cover at the
periphery of the project as needed to solve
problem.
3) Application of repellents that are suitable for use in public areas. 4) Traps may be used where mechanical/physical/cultural methods have been insufficient to control moles, voles, gophers, rats and mice.
5) Encouragement of predators – owl boxes
b. Least toxic rodenticides. When Rodenticides are used they shall be restricted to City Parks.
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