DATE:
November 7, 2023
TO:
Paul Buddenhagen, City Manager
FROM:
Mohamed Alaoui, Public Works Director
SUBJECT:
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 Recommendation
Staff recommends that the City Council approve the above-entitled resolution approving a Second Amendment to the Rubicon Landscape Enterprises (Rubicon) maintenance contract to add additional maintenance at Huchiun Park, add additional irrigation repair services, transition to electric-powered leaf blowers and prohibit the use of neonicotinoids.
Background
On October 18, 2016, the City Council approved a Planned Unit Development (PUD) and a Preliminary Development Plan for the former Sherwin Williams paint factory site. The project site includes two parcels: one owned by Sherwin-Williams (8.59 acres) and one owned by the City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency (1.46 acres). As a result, the development created approximately 3.53 acres of public park/open space area. The cost for maintenance of this park is split proportionately between the City and the private development in accordance with the amount of land each entity contributed to the park.
DISCUSSION
Huchiun Park has 34,628 square feet of turf, 28,267 square feet of planters, 53,859 square feet of hardscape, and an irrigation system that is comprised of 1 irrigation controller, and 37 valves/stations. Pursuant to this contract amendment, Rubicon will commence landscaping services at Huchiun Park starting December 1, 2023, through June 30, 2024. Overall, the cost per square foot of landscaped area quoted by the contractor is less than the equivalent cost at Christie Park. The prorated cost through June 2024 is $33,981, at $4,854.48 per month.
In accordance with the Operating and Maintenance Agreement and Obligation Regarding Master Association, the City and developer share the cost for landscape maintenance at Huchiun Park and the Emeryville Greenway. Both of these parks lie within a combination of City and privately owned parcels. Pursuant to the operating and maintenance agreement, the City is responsible for the cost of maintaining City owned parcels and the property owner is responsible for reimbursing the City for the cost of maintenance for the portions of Huchiun Park and the Emeryville Greenway located on private parcels. The estimated percentage share for maintenance costs for Huchiun Park and the Emeryville Greenway is 61% for the City, and 39% for the developer.
In addition, the Second Amendment to this agreement 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. The total cost for this additional work is $30,000.
The Sustainability Committee has discussed proposing a Citywide gas-powered leaf blower ban for council adoption. This legislation is scheduled to be brought to the City Council for consideration by the end of the year. Staff have proactively worked with Rubicon to immediately transition their gas-powered leaf blowers to electric-powered ones rather than wait until their existing gas-powered leaf blowers reach the end of their life span. To achieve this result, staff have proposed splitting the cost for this equipment with Rubicon. The total cost for the upgraded equipment is $8,500 and the City’s share is $4,250. Approval of this equipment upgrade would bring the City contracted landscaping work in Emeryville into alignment with the spirit of California Air Resources’ recent ban on the sale of gas-powered leaf blowers beginning in 2024.
City Council also provided staff with direction on October 17, 2023 to ban the use of neonicotinoids on City owned and/or leased property and ban rodenticides outside of City Parks on city owned or leased property. Those provisions have been included in Exhibit A-2 as part of this contract amendment.
Finally, 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.
Fiscal Impact
The total proposed total cost increase for this Second Amendment of $68,231.50 includes the following costs:
$33,981.50 for maintenance of Huchiun Park from December 1, 2023 through June 30, 2024. $30,000 for Citywide irrigation system repair work
$4,250 for the purchase of electric-powered leaf blowers Funds in the amount of $68,231.50 are available in CIP # FM-01 Project number 15650008, and would be appropriated to the annual operating budget, in account and fund #650-77020.
Staff Communication with the Public
The City of Emeryville has communicated with the public regarding the new Huchiun Park through the City of Emeryville website: https://www.ci.emeryville.ca.us/1019/Sherwin-Williams Conclusion
Staff recommends that the City Council approve the above-entitled resolution approving a Second Amendment to the Rubicon Landscape Enterprises (Rubicon) Maintenance Contract to add additional maintenance at Huchiun Park, add additional irrigation repair services, transition Rubicon to electric-powered leaf blowers and ban use of neonicotinoids.
PREPARED BY: Daniel Gonzales Public Works Manager, Facilities Maintenance & Operations Approved and Forwarded to the
City Council of the City of Emeryville:
Paul Buddenhagen City Manager
Attachments
Attachment A- Base Contract
Attachment B-1st Contract Amendment
Draft Resolution
MSC 2nd Amendment
Exhibit A-2 – Revised Landscaping Services
Rubicon Landscape Enterprises Maintenance Contract Amendment City Council Meeting | November 7, 2023
City of Emeryville
CALIFORNIA
MEMORANDUM