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CC RESOLUTION 5445RESOLUTION NO. 5445 A RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR, OR DESIGNEE, TO APPROVE THE PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT (NO. PW 24-02), PURSUANT TO GOVERNMENT CODE § 830.6 AND EL SEGUNDO MUNICIPAL CODE SECTION 1-7C-11 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the city of El Segundo does resolve as follows: SECTION 1 The City Council finds and declares as follows: A. The City retained Arcadis, formerly known as IBI Group, ("Consultant") as the architect to design and prepare plans for the Urho Saari Swim Stadium / Plunge Renovation Project, City Public Works Department project no. 24- 02 (the "Project"); B. Government Code § 830.6 provides design or plans immunity to a local agency where the legislative body or employee approves the design or plans in advance of construction. C. El Segundo Municipal Code ("ESMC") § 1-7C-11 authorizes the Public Works Director or City Council to approve the Project's design or plans in advance of construction pursuant to Government Code § 830.6. D. The Consultant has informed the City Engineer that Project's plans are nearing completion. E. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the Project's plans and construction. SECTION 2: Design Immunity Determination Authorization. A. The City Council authorizes the Public Works Director or designee to review and potentially approve the Project's design and plans, under his or her discretion, pursuant to Government Code § 830.6 and ESMC § 1-7C- 11. B. The Public Works Director, or designee, must approve the Project's design and plans to determine consistency with the applicable standards and requirements before any Project construction begins. C. The Public Works Director, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the approved design and plans. RESOLUTION NO. 5445 PAGE 1 of 3 D. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: Project Payment Account. For purposes of the contract documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project ("Project Payment Account"). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 7th day of November, 2023, Chris Pimentelf Mayor Pro Tem ATTEST: Tracy ,� City Weav, Clerk APPROVED AS TO FORM; M� Mark N-Flensley, City Attorney RESOLUTION NO. 5445 PAGE 2 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 5445 was duly passed, approved, and adopted by said City Council at a regular meeting held on the 7t" day of November, 2023, approved and signed by the Mayor Pro Tem, and attested to by the City Clerk, by the following vote: AYES: Mayor Pro Tern Pimentel, Council Member Pirsztuk, and Council Member Baldino NOES: Council Member Giroux ABSENT: Mayor Boyles ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of November, 2023. �Mw6D Trao Weaver, City Clerk of the City of El Segundo, California RESOLUTION NO. 5445 PAGE 3 of 3