RESOLUTION NO. _____
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: E38B50C0-7472-442B-92C7-5ED7BDA3CDD3 Resolution No. _____
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: E38B50C0-7472-442B-92C7-5ED7BDA3CDD3 Resolution No. _____
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:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
MSC 2nd Amendment & Exhibit A-2
DocuSign Envelope ID: E38B50C0-7472-442B-92C7-5ED7BDA3CDD3