RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, ADOPTING CALTRANS LOCAL ASSISTANCE PROCEDURES MANUAL CHAPTER 10 FOR CONSULTANT SELECTION WHEREAS, the City of Commerce is responsible for constructing transportation projects that are State and Federally funded; and WHEREAS, in order to comply with the Federal regulations certain services including Architectural and Engineering (A&E) services are contracted out to qualified firms; and WHEREAS, the Federal regulations set forth standards for procuring and administering A&E contracts; and WHEREAS, the provisions of the Brooks Act (40 United States Code, Section 1104) requires local agencies to award federally funded engineering and design-related contracts, otherwise known as A&E contracts, on the basis of fair and open competitive negotiations, demonstrated competence, and professional qualifications (23 CFR 31.201-3); and WHEREAS, pursuant to 23 CFR 172.5 (b), local agencies shall develop and sustain organizational capacity and provide the resources necessary for the procurement, management, and administration of engineering and design related consultant services, reimbursed in whole or in part with Federal-Aid Highway Program funding as specified in 23 U.S.C. 106(g)(4)(A); and WHEREAS, the provision 23 CFR 172.5 (b)(1) requires local agencies to adopt written policies and procedures for the procurement, management, and administration of engineering and design related consultant services in accordance with applicable Federal and State laws and regulations; and WHEREAS, the State of California Department of Transportation (Caltrans) has developed the Local Assistance Procedures Manual (LAPM), Chapter 10, Consultant Selection (attached herein) which sets forth policies and procedures to be utilized by local agencies in the procurement and management of A&E contracts on state and federal funded transportation projects to ensure compliance with applicable Federal and State laws and regulations and to maintain eligibility for Federal-Aid reimbursement; and WHEREAS, the City of Commerce desires to adopt Caltrans's LAPM Chapter 10 and the City's conflict of interest policies for compliance with Federal regulations on the procurement and administration of A&E contracts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMMERCE DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
Section 1. The above recitals are true and correct findings of the Commerce City Council.
Section 2. The Local Assistance Procedures Manual, Chapter 10, Consultant Selection dated August 4, 2021 attached herein or as amended in future updates, is approved and adopted.
Section 3. Authorizes the City Manager to approve amendments to the City's adopted A&E Services Administration and Procurement Policies in consultation with the Federal Highways Administration.
Section 4. The City Clerk shall certify to the adoption of this resolution and it shall become effective immediately PASSED, APPROVED, and ADOPTED this 13th day of September 2022.
Oralia Y. Rebollo, Mayor
ATTEST:
Lena Shumway, City Clerk