2025-003 - Establishing a Conflict-of-Interest Policy Covering Design-Build and Construction Manager at Risk Project

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f) The Consultant has performed work on a previous contract that specifically excludes them from participating as a Proposer orjoining a design -build or CMAR team on the project. g) The Consultant is under contract with any other entity or stakeholder to perform oversight on the project. h) The City determines that other potential conflicts of interest not mentioned above exist for the firm or individual (e.g., employee changing companies, merger/acquisitions of firms, property ownership, business arrangements, financial interest) that cannot be mitigated so as to avoid the conflict. Notwithstanding the foregoing, the City may permit a Consultant to participate on a Proposer team if the Consultant's contract to perform work described above has concluded and the City determines, in its sole discretion, that it does not give rise to an organizational conflict of interest. This exception does not apply to Consultants described in items (a), (c), (f) or (g) above. Proposers should be aware that a conflict of interest may also exist where a Consultant has provided services as described above on a related project (for example, a separate project that is part of the same program). This may be due to overlapping limits, interfaces or coordination efforts between the projects, or because the Consultant provided general services to the City. Under such circumstances, a Proposer must obtain permission under Section 2 in order to include the Consultant on its team. 2. Requirements for Proposers With Potential Conflicts of Interest A Proposer who may have potential conflicts of interest in relation to a project, or who wishes to include a member on its team who may have potential conflicts of interest, must: a) Conform to applicable federal and state conflict -of -interest rules and regulations including without limitation, the California Political Reform Act, the California Government Code§ 1090 et seq., the federal Copeland "Anti- Kickback" Act and federal conflict -of -interest rules set forth in federal funding agency's administrative grants and cooperative agreement regulations. Federal conflict -of -interest rules and regulations shall only apply where the project receives federal funding. b) Disclose all relevant facts relating to past, present or planned interest(s) of the Proposer's team (including the Proposer, Proposer's proposed consultants, contractors, subconsultants and/or subcontractors and their respective chief executives, directors and key personnel) which Resolution No. 2025-003 5of6