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City of Santa Ana <br />kl- <br />Executive Director's Authorization <br />Public Works Agency <br />. Policies and Procedures <br />4� <br />Nabil Saba, P.E. <br />Section: <br />ENGINEERING SERVICES <br />Subject: <br />Date <br />Number <br />j <br />PWA ES-XX <br />Conflict of Interest Policy Covering <br />Design -Build and Construction Manager at <br />Risk Projects <br />Purpose <br />To clarify the City of Santa Ana's ("City") position on potential conflicts of interest <br />that may arise when consultants or contractors (collectively, "Consultant") perform <br />work for the City or stakeholders relating to potential design -build or construction <br />manager at risk ("CMAR") projects. <br />II. Background <br />Organizational conflicts of interest can occur when, because of existing or <br />planned activities or because of relationships with other entities, the Consultant <br />is unable or potentially unable to render impartial assistance or advice to the City; <br />the Consultant's objectivity in performing the contract work is or might be <br />otherwise impaired; or the Consultant's acting as a proposer ("Proposer") or <br />otherwise participating on a team proposing for a design -build or CMAR project <br />results in an unfair competitive advantage. <br />The California Board For Professional Engineers And Land Surveyors ("Board") <br />provides additional guidance and has established conflict -of -interest rules applicable <br />to those professionals licensed by the Board (see Board Rules 475 and 476). <br />These rules require full disclosure when a licensee has any business association or <br />financial interest that may influence his or her judgment in connection with the <br />performance of professional services and when a licensee provides professional <br />services for two or more clients on a project or related project. City and Proposers <br />must also comply with certain California laws and regulations, including without <br />limitation the California Political Reform Act, Government Code§ 1090 et seq., and <br />with applicable federal requirements for projects that receive federal funding. <br />The policies and guidelines concerning the organizational conflicts of interest <br />found herein will be specified or referenced in the procurement package as well <br />as any contract for the engineering/design services, inspection, or technical <br />support in the administration of the projects. <br />