CC Resolution No. 19-114 Approving the Use of Design-Build Project Delivery Pursuant to Public Contract Code Section 22160 Et Seq., and Establishing a Conflict-of-Interest Limitation Pursuant to Public Contract Code Section 22162 RESOLUTION NO. 19-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE USE OF DESIGN-BUILD PROJECT DELIVERY PURSUANT
TO PUBLIC CONTRACT CODE SECTION 22160 ET SEQ., AND ESTABLISHING
A CONFLICT-OF-INTEREST LIMITATION PURSUANT TO PUBLIC
CONTRACT CODE SECTION 22162
WHEREAS, Public Contract Code section 22160 et seq. authorizes local
agencies, including cities, to use the design-build method of project delivery for
qualifying projects in excess of$1,000,000, and sets forth requirements for use of j
design-build project delivery; and {
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WHEREAS, the Legislature has declared that the design-build method of
project delivery, which may use a best value procurement methodology, has
reported benefits, including reduced project costs, expedited project completion, and
design features that are not achievable through the traditional,design-bid-build
method; and
WHEREAS, pursuant to Public Contract Code section 22162(a), City Council
approval is required in order to procure design-build contracts for qualifying public
works projects in excess of$1,000,000; and
WHEREAS, the City Council now desires to approve the use of design-build
project delivery pursuant to Public Contract Code section 22160 et seq. for any
qualifying project in excess of$1,000,000 which the Director of Public Works has
determined could be delivered more efficiently using design-build instead of design-
bid-build procurement; and
WHEREAS, Public Contract Code section 22162(c) requires local agencies to
develop conflict-of-interest guidelines, consistent with applicable law, regarding the
ability of a person or entity that performs services relating to the solicitation for a
design-build project, to submit a proposal as a design-build entity or to join a design-
build team.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the use of design-build project delivery pursuant to Public Contract Code
section 22160 et seq. for any qualifying project in excess of$1,000,000 which the
Director of Public Works has determined could be delivered more efficiently using
Resolution No. 19-114
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design-build instead of design-bid-build procurement, subject to the conflict-of-
interest limitation set forth herein.
BE IT FURTHER RESOLVED that any person or entity providing services for
the City related to the solicitation of a design-build project, including,but not limited
to, services pertaining to preparation of the preliminary documents required
pursuant to Public Contract Code section 22164(a), may not submit a proposal as a
design-build entity or join a design-build team for that project.
BE IT FURTHER RESOLVED that this Resolution, which pertains to general
authorization of use of design-build project delivery for future qualifying projects, is
not a project under the requirements of the California Quality Act of 1970, together
with related State CEQA Guidelines (collectively, "CEQA")because it has no
potential for resulting in physical change in the environment, either directly or
ultimately. In the event that this Resolution is found to be a project under CEQA, it is
subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3)
because it can be seen with certainty to have no possibility of a significant effect on
the environment. CEQA applies only to projects which have the potential of causing
a significant effect on the environment. Where it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. In this circumstance, the
authorization would have no or only a de minimis impact on the environment. The
foregoing determination is made by the City Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 17f day of September 2019,by the following vote.
Vote Members of the City Council
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AYES: Scharf, Chao, Paul, Sinks,
NOES: Willey
ABSENT: None
ABSTAIN: None
Resolution No. 19-114
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SIGNED:
Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
Grace Schmidt, City Clerk Date
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