HomeMy WebLinkAboutReso 2020-151RESOLUTION NO. 2020-151
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CITY COUNCIL RESOLUTION
NO. 2019-170 IN ORDER TO EXPRESSLY DELEGATE TO THE
CITY MANAGER THE AUTHORITY TO APPROVE “DESIGN
ASSIST” PURSUANT TO CHULA VISTA MUNICIPAL CODE
SUBSECTION 2.56.160(H), “DEVELOPER-PERFORMED
PUBLIC WORKS” WITH RESPECT TO PHASE 1A
IMPROVEMENTS IMPLEMENTED BY RIDA CHULA VISTA,
LLC, IN CONNECTION WITH THE CHULA VISTA
BAYFRONT HOTEL AND CONVENTION CENTER PROJECT
WHEREAS, at the September 10, 2019 City Council meeting, the City Council approved
Resolution No. 2019-170 (the “Original Resolution”), pursuant to which, among other things, the
City Council authorized and directed the City Manager, or his/her designee, to oversee and
implement the subcontractor solicitation and award process provided in CVMC 2.56.160(H), with
respect to certain “Developer Performed Public Works” to be constructed by, or at the direction
of, RIDA Chula Vista, LLC (“RIDA”) in connection with the Chula Vista Bayfront Hotel and
Convention Center Project (“Bayfront Project”); and
WHEREAS, since City Council approval of the Original Resolution, RIDA has proposed
the use of a procurement process commonly known as “design assist” whereby, in order to improve
project efficiencies for Developer Performed Public Works, a prospective subcontractor is
employed to assist the developer/general contractor with the preparation of bid or contract
documents (including, without limitation, preliminary/concept designs), or to assist in the
solicitation of bids. Thereafter, the assisting subcontractor would still have the opportunity to bid
and be selected to perform the work; and
WHEREAS, City staff is supportive of the use of the “design assist” process under certain
circumstances where it is determined by staff that the process is being applied in the best interests
of the public and appropriate safeguards are in place; and
WHEREAS, Section Chula Vista Municipal Code (CVMC) Section
2.56.160(H)(2)(c) currently prohibits the “design assist” procurement processes for Developer
Performed Public Works, unless waived by the City Council or staff pursuant to the terms of
CVMC Section 2.56.160(H)(6); and
WHEREAS, previous City Council action pursuant to the terms of the Original Resolution
delegates broad authority to City staff to waive the prohibitions of CVMC Section
2.56.160(H)(2)(c) as applied to RIDA’s procurement process for Developer Performed Public
Works for the Bayfront Project; however, in the interests of transparency, and out of an abundance
of caution, staff and RIDA are requesting that the City Council make such authority explicit with
respect to the proposed “design assist” process by amending the Original Resolution; and
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WHEREAS, at its May 20, 2020 meeting, the Chula Vista Bayfront Financing Authority
(“Authority”) took a similar action with respect to RIDA’s proposed “design assist” process for
Developer Performed Public Works to be administered by staff for, and financed by, the Authority.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that Section 5 of City Council Resolution No. 2019-170 is hereby amended and restated to add
subsection d. as follows:
5. The City Council authorizes and directs the City Manager, or his/her designee, to
oversee and implement the subcontractor solicitation and award process provided in
CVMC 2.56.160(H), including, without limitation the following:
a. The authority, pursuant to CVMC Section 2.56.160(H)(6), after
consideration of factors for sole source contracts as provided in CMVC
Section 2.56.160(H)(1)(b), to make findings and approve the waiver of the
competitive bid requirements for subcontractors as provided in CVMC
2.56.160(H)(2)(b).
b. The authority, pursuant to CMVC Section 2.56.160(H)(2)(d), to make
findings and approve the award of subcontracts for the Project to “best
qualified contractors”.
c. The authority, pursuant to CVMC Section 2.56.160(H)(2)(d), to make
findings and waive the not-to-exceed limitation for award of subcontracts
for the Project.
d. The authority, pursuant to CVMC Section 2.56.160(H)(6), to waive the
prohibitions contained in the last sentence of CVMC Section
2.56.160(H)(2)(c) as necessary and appropriate to allow for and implement
a “design assist” procurement protocol.
Where necessary or appropriate for purposes of implementing this action, the City
Council delegates its authority to the City Manager, or his/her designee, to waive
requirements and make findings as required by CVMC Section 2.56.160(H).
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Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of June 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2020-151 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 23rd day of June 2020.
Executed this 23rd day of June 2020.
Kerry K. Bigelow, MMC, City Clerk
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