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Alternative Public Works Construction Delivery Method Conflict of Interest Policy <br />January 21, 2025 <br />Page 3 <br />Conflict of Interest Policy <br />One of the requirements to utilize Design -Build that applies to General Law Cities is that <br />they develop and implement guidelines and a policy specifically related to conflicts of <br />interest. While this requirement likely does not apply to Santa Ana as a Charter City, it is <br />good public policy for alternative construction delivery methods. As such, a conflict -of - <br />interest policy is proposed to be adopted by Resolution (Exhibit 1). The City's Conflict - <br />of -Interest policy pertaining to Public Works projects where Design -Build or CMAR is <br />used includes restrictions to avoid situations where consultants working for the City or <br />stakeholders may be biased or lack objectivity in performing their work; and to avoid <br />situations where a team proposing for the Design -Build or CMAR contract has an unfair <br />competitive advantage. The proposed Policy addresses the responsibilities of the City <br />as well as contractors that may propose on City Design -Build and CMAR projects, <br />including their subcontractors and suppliers. <br />Proposed Resolution <br />City Charter permits the City Council to allow use of alternative procurement processes <br />by ordinance. The proposed Resolution would establish a Conflict -of -Interest policy <br />covering Design -Build and CMAR processes. Nothing in the Resolution or Policy <br />reduces or eliminates the requirement for contractors to pay prevailing wage on City <br />projects or be subject to the City's Community Workforce Agreement. <br />Adoption of this Resolution does not obligate the City to use alternative processes. The <br />City would be able to use the Design -Build or CMAR method if staff determined that <br />utilizing such process would be beneficial and likely result in reduced costs or a <br />shortened construction period. Staff recommends adoption of the proposed resolution to <br />ensure that the procurement process is fair and yields competitive pricing from highly <br />qualified firms. <br />ENVIRONMENTAL IMPACT <br />There is no environmental impact associated with this action. <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. <br />EXHIBIT(S) <br />1. Resolution Approving the Conflict -of -Interest Policy Covering Design -Build and <br />Construction Manager at Risk Projects <br />Submitted By: Nabil Saba, P.E., Executive Director - Public Works Agency <br />Approved By: Alvaro Nunez, City Manager <br />