RESOLUTION R2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, adopt caltrans local assistance procedures manual (LAPM) chapter 10 WHEREAS, the City of Manteca 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 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 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 Manteca has developed additional policies, dated December 15, 2020, 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 Manteca 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; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
The City Council adopts the Local Assistance Procedures Manual Chapter 10 and any future updates to the chapter.
The A&E Services Administration and Procurement Policies (City of Manteca Purchasing Procedures Manual) developed by the City of Manteca for State and federal Funded Projects are approved and adopted.
Authorize the Director of Engineering / City Engineer or designee to sign an official letter addressed to Caltrans Division of Local Assistance Office of Guidance and Oversight Office Chief stating that the City of Manteca City Council has formally adopted, by this Resolution, the Caltrans LAPM Chapter 10 and any future updates to the chapter.
Authorize the City Manager or designee to approve amendments to the City’s adopted A&E Services Administration and Procurement Policies in consultation with the Federal Highways Administration.
This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 20th day of September, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: __________________________
BENJAMIN J. CANTU
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
Resolution __ ____
R2022-XX Page 1 of 3 20 September 2022 ATTACHMENT 1
ATTACHMENT 1