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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2023- <br />RESOLUTION TO FIND THAT EMERGENCY CONDITIONS EXIST THAT DO NOT PERMIT A <br />DELAY RESULTING FROM A COMPETITIVE SOLICITATION FOR BIDS, AUTHORIZE THE CITY <br />MANAGER TO AWARD AN EMERGENCY CONSTRUCTION CONTRACT TO MCGUIRE & HESTER <br />FOR THE DEMOLITION AND REMOVAL OF THE HAAS STREET PEDESTRIAN BRIDGE AND OTHER <br />DEBRIS IN THE AMOUNT OF $227,500.00 PLUS UP TO AN ADDITIONAL 10% ($22,750.00) IN <br />CUMULATIVE CHANGE ORDERS FOR A TOTAL OF $250,250.00, AND APPROVE A RE- <br />APPROPRIATION OF $250,250.00 FROM THE FY 2022-2023 TO THE FY 2023-2024 BUDGET IN <br />ACCOUNT 010-38-903-5240 FOR THIS EMERGENCY PROJECT <br />WHEREAS, in March 2023, City staff responded to storm damage in the San Leandro <br />Creek that resulted in a fallen tree that damaged the pedestrian bridge linking Haas Avenue and <br />Cary Drive beyond repair; and <br />WHEREAS, the City will be required to submit applications for permits from the <br />regulatory agencies, and McGuire & Hester will be required to follow the conditions of those <br />permits; and <br />WHEREAS, McGuire & Hester has experience in this type of work and has submitted a <br />proposal to make the repairs; and <br />WHEREAS, to prevent significant adverse impacts to the flows of San Leandro Creek, <br />staff sought assistance from McGuire & Hester to provide immediate remediation to the <br />situation, and demolition, removal and hauling of the environmental protection (floating <br />booms), demolition of the remaining structure, and disposal of the environmentally <br />hazardous/creosote coated debris; and <br />WHEREAS, to complete the work in a timely manner to avoid creating a dangerous <br />condition of public property, an attractive nuisance, and to mitigate the effects of upcoming <br />winter storms in the interests of public health, safety, and welfare, the City Council must <br />declare an emergency condition exists. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: <br />•That the Recitals above, and the matter as described in the associated staff report, <br />are true and correct and adopted by the City Council; and <br />•That said City Council finds by four fifths vote that an emergency under Public <br />Contract Code Section 22050 exists, based on substantial evidence set forth here <br />and in the minutes of its meeting, that the emergency will not permit a delay <br />resulting from a competitive solicitation for bids, and that this action is necessary <br />to respond to the emergency; and <br />•That the City Manager or her designee is authorized to award an emergency <br />construction contract to McGuire & Hester to demolish, remove, and haul the <br />eucalyptus tree, pedestrian bridge and other debris as soon as can be doneDRAFT