Title
Adopt a Resolution to Find that Emergency Conditions Exist That Do Not Permit a Delay Resulting from a Competitive Solicitation for Bids; Approve and Authorize the City Manager to Award an Emergency Construction Contract to McGuire & Hester for the Demolition and Removal of the Haas Street Pedestrian Bridge and Other Debris in the Amount of $227,500.00 Plus Up to an Additional 10% ($22,750.00) in Cumulative Change Orders for a Total of $250,250.00, and Approve a Re-appropriation of $250,250.00 from the FY 2022-2023 to the FY 2023-2024 Budget in Account 010-38-903-5240 for an Emergency Project
Staffreport
COUNCIL PRIORITY
• Infrastructure
• Sustainability & Resiliency
SUMMARY
The attached resolution (1) finds that substantial evidence exists of an emergency that will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency, and (2) authorizes the City Manager or her designee to award an Emergency Construction Contract to McGuire & Hester for the demolition and removal of the 100-foot span pedestrian bridge that connects Haas Avenue to Cary Drive, and a fallen Eucalyptus tree.
RECOMMENDATIONS
Staff recommends the following:
• Find that substantial evidence exists of an emergency that will not permit a delay resulting from development of plans and specifications and a competitive solicitation for bids and that the action is necessary to respond to the emergency.
• Find that the specialized nature of installing upstream and downstream cofferdams with a bypass system for existing water flows as well as implementation of a sediment and erosion control plan, and compliance with permits issued by the regulatory agencies, necessitates specialized work that McGuire & Hester can perform in the timeline provided.
• Authorize the City Manager or her designee to award an Emergency Construction Contract to McGuire & Hester for the demolition and removal of pedestrian bridge that connects Haas Ave to Cary Drive, and removal of a fallen Eucalyptus tree.
• Re-appropriate $250,250 in unspent funds from the FY 2022-2023 to the FY 2023-2024 budget in account 010-38-903-5240 for the full cost of the project.
BACKGROUND
In March 2023, a eucalyptus tree fell into the San Leandro creek, destroying the pedestrian bridge that links Haas Ave and Cary Drive. City staff responded to this significant event from the storm events.
To further prevent impact to the local waterways from the storms, staff sought assistance from McGuire & Hester to provide an initial remedy to the site. Once stabilized, staff met with the Bay Area Regional Water Quality Control Board to seek permission and review of the proposed methodology for entering the creek for removal of the bridge and the tree. In May, the City was advised that permitting would be required from the three regulatory agencies. Concurrently, the City has begun the process for reimbursement from FEMA. The work must be completed prior to the upcoming rain season.
Permitting is required from the following agencies before onsite work can begin. The City has contracted with Terraphase to provide the following scope of work.
1. U.S. Army Corps of Engineers (USACE)
2. Regional Water Quality Control Board (RWQCB)
3. California Department of Fish and Wildlife (CDFW)
4. Support compliance with the California Environmental Quality Act (CEQA).
5. Terraphase will prepare permit applications for the USACE, RWQCB, CDFW, and will support CEQA compliance (it is assumed that a CEQA Categorical Exemption filing will be sufficient to support the Project).
The following tasks must be completed before onsite work can begin. That work is expected to take 2-3 months.
1. USACE: Clean Water Act (CWA) Section 404 Nationwide Permit 33
2. RWQCB (Region 2): Clean Water Action Section 401 Water Quality Certification Permit
3. CDFW: Section 1602 Streambed Alteration Agreement Permit
4. Coordination with EBMUD on any potential Chabot Dam releases prior to scheduling start of work
5. Biological assessment
6. Development of a Monitoring and Maintenance Plan as required by the RWQCB
Analysis
Abatement, removal, and hauling of debris in the San Leandro Creek requires coordination with three regulatory agencies, adjacent property owners and installation of temporary upstream dams. McGuire & Hester have previous experience along San Leandro Creek having recently completed a similar project near the Oakland Zoo. Their services have been used successfully in the past by the City.
The complexity of this project along with the required timing cannot be achieved with standard competitive solicitation and award procedures because the delay caused by the standard competitive solicitation process would delay the timeframe for completion of this project, which must be completed by the rainy season and expose the City to liability due to a dangerous condition of public property and attractive nuisance.
Therefore, an emergency exists for the timely and necessary demolition, removal, and hauling of a large eucalyptus tree, pedestrian bridge, and other debris from the bridge’s collapse.
Right of Entry agreements [Property Owner permission to enter from their property] are in place with the three property owners - San Leandro Unified School District, Alameda County Flood Control District, Reichart Property Owners. The creek is not owned by the City. The pedestrian bridge is owned by the City.
The scope of work includes:
1. Installation and removal of a cofferdam
2. Placement of crane pads in the creek
3. Traffic barriers on Haas Ave
4. Remove fallen eucalyptus and pedestrian bridge
5. Miscellaneous repairs and clean up
6. Debris removal
7. Restore creek slopes
The City is in the process of submitting claims to FEMA for reimbursement of the work and the work must be funded initially by the City. FEMA reimbursement status is unknown at this time. The City has filed a claim with the San Leandro Unified School District for the damage caused by the tree. The claim is currently in process and investigation.
Fiscal Impacts
The project will cost a not-to-exceed amount of $250,250.00, which includes a 10% contingency of $22,750.00. The project requires a re-appropriation of $250,250 from the FY 2022-2023 to the FY 2023-2024 budget in account 010-38-903-5240.
The project costs are as follows:
• Initial Contract $227,500.00
• Change Order/Contingency 10% $22,750.00
Total $250,250.00
ATTACHMENTS
• Attachment A: Resolution for McGuire & Hester for Emergency Pedestrian Bridge Removal
• Attachment B: Proposal from McGuire & Hester
PREPARED BY: Karen McNamara, Interim Assistant Public Works Director