RESOLUTION NO. 23-0163
A RESOLUTION OF THE MANHATTAN BEACH CITY
COUNCIL ADOPTING CALTRANS’S LOCAL ASSISTANCE
PROCEDURES MANUAL ( LAPM) CHAPTER 10 FOR
STATE AND FEDERAL FUNDED TRANSPORTATION
PROJECTS
THE MANHATTAN BEACH CITY COUNCIL HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, the City of Manhattan Beach is responsible for constructing transportation projects that are State and federally funded; and WHEREAS, in order to comply with the Federal regulations and due to limited staffing and expertise, certain services including Architectural and Engineering (A&E) 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 con sultant 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 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-Aid reimbursement; and
WHEREAS, the City of Manhattan Beach has developed additional policies, dated December 5, 2023, to ensure avoidance of conflict of interests in the performance of A&E services for state and federal funded transportation projects; and
WHEREAS, the City of Manhattan Beach 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, BE IT RESOLVED by the City Council of the City of Manhattan Beach as follows:
SECTION 1. The above recitals are true and correct findings of the Manhattan Beach City Council.
SECTION 2. The City Council hereby approves and adopts Local Assistance Procedures Manual, Chapter 10, Consultant Selection dated January 2023 or as amended in future updates.
SECTION 3. The City Council hereby approves and adopts the A&E Services Administration and Procurement Policies developed by the City of Manhattan Beach for State and Federal Funded Projects dated December 5, 2023.
SECTION 4. The City Council hereby 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 5. The Council hereby directs the City Manager and/or his or her designee to submit the information to Caltrans as required to meet the intent of the federal regulations.
SECTION 6. The City Clerk shall ce rtify to the passage and adoption of this resolution.
ADOPTED on December 5, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
RICHARD MONTGOMERY
Mayor
ATTEST:
____________________________
LIZA TAMURA
City Clerk