R11366City Council Meeting October 12, 2021 Santa Monica, California
RESOLUTION NUMBER 11366 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING CALTRANS LOCAL ASSISTANCE PROCEDURES MANUAL
CHAPTER 10: CONSULTANT SELECTION
WHEREAS, the City of Santa Monica (City) is responsible for constructing
transportation projects that are state and federally funded when the City receives
reimbursement grants from these funding sources; and
WHEREAS, in order to comply with federal regulations and due to limited
staffing and expertise, 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
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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), which includes
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 federally 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 has adopted a conflict of interest policy, dated Feb 11,
2008, to ensure avoidance of conflict of interests in the performance of A&E
services for state and federally funded transportation projects; and
WHEREAS, the City desires to adopt Caltrans’s LAPM Chapter 10 to
comply with federal regulations on the procurement and administration of A&E
contracts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY RESOLVE AS FOLLOWS:
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SECTION 1. The above recitals are true and correct findings of the Santa
Monica City Council.
SECTION 2. The Local Assistance Procedures Manual, Chapter 10,
Consultant Selection, dated January 2021, as amended in future updates, and the
City’s conflict of interest policy, dated February 11, 2008, are adopted as the City’s
A&E Services Administration and Procurement Policies for state and federally
funded projects.
SECTION 3. The City shall apply A&E Services Administration and
Procurement Policies adopted herein to all state and federally funded projects.
SECTION 4. The City Manager, or his or her designee, is authorized 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 City Clerk shall certify to the adoption of this Resolution,
and thenceforth the same shall be in full force and effect.
APPROVED AS TO FORM:
_______________________
JOSEPH LAWRENCE
INTERIM CITY ATTORNEY
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Adopted and approved this 12th day of October 2021.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11366 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 12th day of October 2021, by the following vote:
AYES: Councilmembers Brock, Davis, De la Torre, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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