CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
TO: Honorable City Council
FROM: City Manager
SUBJECT: Adoption of Caltrans Local Assistance Procedures Manual Chapter 10 for Consultant Selection for State and Federal Funded Projects Meeting Date: September 13, 2022
RECOMMENDATION:
The City Council will consider adopting a Resolution adopting Caltrans Local Assistance Procedures Manual Chapter 10 for Consultant Selection.
BACKGROUND:
The City of Commerce is responsible for constructing transportation projects that are State and Federally funded. In order to comply with the Federal regulations certain services including Architectural and Engineering (A&E) are contracted out to qualified firms. The Federal regulations set forth standards for procuring and administering A&E contracts and 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.
Additionally, pursuant to 23 CFR 172.5 (b) local agencies are required to 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. 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.
ANALYSIS:
Title 23 Code of Federal Regulations Part 172 (23 CFR 172) allows Caltrans Division of Local Assistance (DLA) to prescribe the policies and procedures for engineering and design related services, also known as Architectural and Engineering (A&E). Accordingly, the State of California Department of Transportation (Caltrans) has developed the Local Assistance Procedures Manual (LAPM), Chapter 10, Consultant Selection (copy attached) 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.
Local Public Agencies (LPAs) are responsible for adopting the written policies and procedures prescribed by the awarding State Transportation Agency (STA). A non-compliance of this matter can result in a loss of funds and/or other sanctions.
Staff recommends adoption of the attached Resolution adopting Caltrans LAPM Chapter 10 associated with consultant selection for State and federally funded projects.
FISCAL IMPACT:
Adoption of Resolution has no impact on General Funds.
ALTERNATIVES:
Approve recommendation
Reject recommendation
Provide staff with further direction
RELATIONSHIP TO STRATEGIC GOALS:
This agenda item relates to the 2016 Strategic Plan, Fiscal Sustainability, Guiding Principle 5:
Create and pursue opportunities for collaboration and regional partnerships to maximize resources and address regional issues.
Approved and Recommended by: Gina Nila, Acting Director of Public Works Reviewed by: Vilko Domic, Assistant City Manager
Approved as to form by: Noel Tapia, City Attorney
Respectfully submitted by: Edgar P. Cisneros, City Manager ATTACHMENTS:
Resolution
Caltrans Local Assistance Manual Chapter 10