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HomeMy WebLinkAbout1981-05-19; City Council; 6386-3; STREETSCAPE MASTER PLAN ENGINEERING AGREEMENT,- ' @. CiPY OF, CARLSBAD ' '?eb-' * c Initial: AGENDA BlLL NO. 6386' - Suppl emen t #3 - Dept. Head I DATE: May 19, 1981 City Attya DEPARTMENT: Engineerinq SUBJECT: STREETSCAPE MASTER PLAN City Mgr. 13- ENGINEERING AGREEMENT STATEMENT OF THE MATTER At the January 6, 1981 meeting, Council authorized the issuance of a request for p for the implementation of the Streetscape Master Plan. Six firms responded to thc for proposals: - 1. CG Engineering/John P. 'Landry 2. Wildan/lnnis/Tannenbaum 3. Berryman & Stephenson 4. Jaykim 5. Design Col laborat ive 6. CH2M Hill * The Engineering Department and Redevelopment Agency reviewed the proposals and re 'the selection of the firm-of CG Engineering/John P. Landry for a fee of $46,150 t the necessary engineering/architectural services. As requested by Council, provi Counci 1's review of prel iminary plans has been incorporated 'into the agreement. The scope of work calls for an administrative planning package and master plan up the whole redevelopment area as well as subsequent s ecific design and plans and tions for improvement of Roosevelt and Madison from grand to Elm. ENV 1 RONMENTAL IMPACT *City Council previously processed an EIR for the Master Plan submitted by the Re Bepartment. - FISCAL IMRACT The total cost of the contract, $46,150, is available from HUD per Jack Henthorr rnent Agency Director. RECOMMENDATION Adopt Resolution No. bg36approving that certain agreement between the City of and CG Engineering/John P. Landry and authorizing the Mayor to execute said agr on behalf of the City. EXHI BITS Memorandum f ram Housing & Redevelopment D i rector, Resolution No. b5.36 approving that certain agreement between the City of Car CG Engineering/John P. Landry and authorizing the Mayor to execute said agreemf behalf of the City. . AP P.30VEQ @ e MEMORANDUM DATE : May 7, 1981 TO : Larry Dossey, Engineering Department FROM : Jack E. Henthorn, Housing and Redevelopment Direct0 F SUBJECT: DISBURSEMENT OF BLOCK GRANT FUNDS FOR PAYMENTS FOR STREETSCAPE DESIGN CONTRACT: FUNDING SOURCE : The Streetscape Design contract is a Community Development Block Grant Project t was funded through the County of San Diego's Urban County Block Grant Applicatic The City of Carlsbad was awarded $257,695.00 for the design and construction of the above mentioned project. The contractor must perform the tasks outlined in the contract for a cost not to exceed $46,150.00. The contractor will be requii to comply with all local, state, and federal affirmative action regulations. DISBURSEMENT OF FUNDS: All payment disbursements made for the City of Carlsbad under the terms and conditions of this contract will be made through the Housing and Redevelopment Department, subject to written verification from the Contract Administrator tha all work indicated on the billing statement has been completed. All billing statements must be accompanied by the appropriate vouchers. Upon payment of ea statement the Housing and Redevelopment Department will complete the required HUD reimbursement form and forward them to the County of San Diego requesting release of funds for payment to the City of Carlsbad. JEH: a1 T I e LAW OFFICES WILSHIRE WEST PLAZA - I HARVEY L. LERER HARVEY L LERER INC PROFESSIONAL CORPORATION HARVEY L LERER 10880 WlLSHlRE BOUL LO5 ANCELES. CALlFORh OF COUNSEL BERNARD W FREEDMAN INC STEVEN R BERARDINO MICHAEL F BROWN JOEL F TAMRAZ 2 13-475-9 8 I I 213-879-5961 May 12, 1981 Carlsbad City Council City of Carlsbad 1200 Elm Ave, Carlsbad, CA 92008 Re: Case No. CT 81-3/CP-149 Applicant: Mola Gentlemen: I received your Notice of Public Hearing concerning the above identified matter. On behalf of Beverly Manhattan Building Joint Venture please be advised that as the agent and representative of the owner of very close nearby property, we object to the conversion of apartment units to condominiums on the basis that affordable housing to the citizens of Carlsbad will be reduced and substituted by expensive condominiums which will make units in question unavailable to anyone but the very wealthy. It is not in the interest of the City of Carlsbad or its citfgns t~ zyw?yq this conversion from apartment to condominium aha it is hoped that the City Council will accept this letter as a proxy because nt at the hearing on May 19. HL: sb 3. 2 3 4 5 6 7 * 9 lo 311 l2 13 l4 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 6536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF ING/ARCHITECTURAL SERVICES FOR THE STREETSCAPE TAT I ON PROGRAM CARLSEAD AND CG ENGINEERING/JOHN P. LANDRY FOR ENGINEER- IMPLEMEI\I- The City Council of the City of Carlsbad, California, does her€ solve as follows: 1. That certain agreement between the City of Carlsbad and CG ing/John P. Landry for engineering/architectural services for the St1 Implementation Program, a copy of which is attached hereto and incorl herein by reference, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of the City of Carlsbad held the 19th day of &v Y 1981 the fol lowing vote, to wit: AYES: NOES: Nane ABSENT: Council Maher kxis Council Members Padkard, Casler, Anear and Lewis /-- ! /4iT2d&{,&L4. L 1 Pfl-LM -- RONALD C : PACKARD y MAYOR ATTEST: (SEAL) 1 2 3 4 5 6 7 .8 9 10 11 12 13 14 . 15 16 17 18 19 20 21 . 22 23 24 25 26 2'7 2% e 0 AGREEMENT FOR THE STREETSCAPE IMPLEMENTATION PROGRAM , THIS AGREEMENT, made and entered into as of the - , 1981, by and between the CITY OF CARLSBAD, a MC corporation, hereinafter referred to as "City", and CG Engineering e Landry, a joint venture, hzreinafter referred to as "Consultant". WITNESSETH: WHEREAS, ;he City requires the services of an archil engineering firm to provide the necessary architectural/engineering for the Streetscape Implementation Program; and WHEREAS, Consultant possesses the necessary skills cations to provide the services required by the City; NOW, THEREFORE, the parties hereunto agree as follo ARTICLE I: SCOPE OF CONSULTANT SERV 1 CES The Consultant will perform two tasks: TASK 1: TASK I I: A master plan and administrative plan package A detailed design and first two improvement packaqes for: A. Roosevelt from Grand to Elm; B. Madison from Grand to Elm. . The core area for Task I' is shown on the attached map, marked as E> and incorporated herein by reference, and includes: Major Street Improvements 1. Elm Avenue from Madison to 1-5; 2. Grand Avenue from railroad to easterly dead end; 3. State Street from Elm to Grand; 4. Roosevelt from Elm to Grand; 5. Madison from Elm to Grand. /// - 6 t I 2 3 4 5 6 7 .. 8 9, 10 21 l2 13 l4 * Is l6 lr l8 l9 2o 21 '' 22 23 24 25 26 27 28 Alley Improvements 1. 2. 3. Alley easterly of railroad,?rom Elm to Grand; Alley between State and Roosevelt from Elm to Grand; Alley between Roosevelt and Madison from Elm to Grand. '* Under Task I (master plan and administrative plannii a report which will develop the conceptual streetscape plan and traf. into a concrete plan of action for the core area will be prepare.d. . inary package for Task I shall consis; of,a draft of the updated strc plan to be approved by City Council prior to proceeding. Such a dra clude alternatives available. The final package shall consist of thi final draft of the report. Thk updated streetscape plan should incl 1. 2. eralized concepts of the streetscape plan. 3. Specific information for street design a1 ternatives. Specific provisions for revisions to street architecture to effe A facade study.to develop a "palette" of alternative designs tha dinated with each other and compatible with the streetscape master p final product should be a general "shopping" list so that a property select hidher design preference. Such a facade study shall include ternative facade treatments that are consistent with the streetscape .*and ranging in price from $50 to $200 a linear foot. The facade alt shall be broad enough in design to accommodate coordination among sf within any particular block. The study shall include design altern; both sides of the street for State Street;-Roosevelt Street, Madisor Elm Avenue and Grand Aven,ue. , The final product wi 11 consist of renc vations of both sides of the street ori.all of the above-mentioned S' ,. avenues. These elevations shall be of sufficient detail to convey ' alternatives. In addition a rendered perspection shall be presentec -2- 1 3, 2 3 4 5 6 7 8 9 10 11 12 13 14- . 15 16 17 18 19 20 21 . 22 23 24 25 26 27 28 0 0 each street. vides a cost analysis of each alternative. 4. In preparing the revised concepts, the Consultant shall be conceF guided, but not limited, in his/her professional design work by the F prepared reports. 5. The revised report submitted for adoption shall include a propos; ing for the various concurrent construction activities as improvemen 6. A cost and feasibility analysis, including design and constructi shall accompany each alternate proposed. The Redevelopment Agency w vide estimates and schedules of funds available for use in this rep0 7. Prepare cost and preliminary data necessary to prepare all imprc packages to be performed under administrative plan. 8. After final approval of the selection of proposed method of con: staging, the Consultant shall prepare 25 copies of the final report Task I1 design packaqes will be prepared subsequent A set of specifications shall be provided by Consultant tion of Task 1 and will contain only design packages for: A. Roosevelt from Grand to Elm; B. Madison from Grand to Elm. Task !I will include the submission of a preliminar . package consisting of: 1. All survey work necessary to obtain precise and clear location street facilities and rights-of-way and adjacent affected faciliti 2. Architectural treatments of street furniture and buildinq faca 3. Utility research aid tentative disposition or relocation of ea 4. A preliminary layout of various alternatives. 5. Outline of potential design alternatives with cost data. The preliminary design package will be reviewed and approved by tl cll. The design package will be approved by the issuance of a "NI ' -3 - 1 2 3 4 5 6 7 . 8 . 9 10 11 12 13 14 15 16 17 3.8 $9 20 21 . 22 23 24 25 26 27 28 0 e Proceed" by the City Engineer and the Redevelopment Director. The final design package shall contain, as a minimu lowing items: 1. Complete quantity, structural and hydraulic calculations necess design of the proposed facilities. 2. A complete set of reproducible plans in accordance with City re Drawifigs shall be neat and legible with dimensions to all installat quality, and quantity of "a1 materials required should be clearly i 3.' Plans and specifications shall be certified as to correctness i by a registered civil engineer and/or structural engineer, and R.C. provided. 4. indicative, not exhaustive.) The following items should appear on the final drawings. This a. b. interfering utilities shall be shown with current ownershi] A plan and profile of the street reconstruction work. posed disposition. c. Final striping geometrics shall be provided. d. Where structural items are to be used, a structural steel ( shall be provided with dimensions and quantities of all steel requ ~ e. Modifications required for signal .and street lighting systi Any special methods of placement and shoring or protection f. required for construction shall be clearly indicated. g. Signature block for the City Engineer. 5. Specifications shall be provided in conformance with City Stan requirements. Recent specifications will be available upon requcs ance. 6. Any necessary provisions for staged construction, including tr trol, shall be provided. e I "iI" 1 2 3 4 5 6 7 . 8 9 10 7. Final detailed construction cost estimate. 8. provals. 9. All plans and specifications and submitted items shall be develop form satisfactory to the City. 10. Certification by a soils engineer shaIl be provided for the stab structures and pavements against failure. ARTICLE 11: PROGRESS AND COMPLET 1 CIN Fifty copies of plans and"specifications for publication after f.\ The work under this contract will begin within 45 cia. receipt of notificatim to proceed by the City and be completed with 21 12 13 14 . 15 16 37 18 . 19 20 0 e months of that date. Progress will be as follows: TASK I Time Starting Frorr PreI iminary Package 2 months Notice to Prc Final Package 3 months Approval of F Task I Packag TASK I1 Preliminary Package 1.5 months Approval of i Package or Nc Proceed F i na l Package 3 months Approval of I package ~ 21 . 22 23 21 25 'G 27 213 Extensions of time may be granted if-requested by tl In consideratit tant and agreed to in writing by the City Engineer. requests, the City Engineer will give due allowance for documented tiated unforeseeable and unavoidable delays not caused by a lack of on the part of the Consu'ltant, or delays caused by City inaction or cies' lack of timely action. ARTICLE I I t : FEES TO RE PAID TO CONSULTANT The lump sum fce payable in installments according IV shall be $20,700 for Task 1 and $25,450 for Task II. No other c 2 2 3 4 5 6 7 *- . 8 9 310 21 12 33 14 - 15 16 17 18 39 20 21 22 23 24 25 26 27 . 28 e e for services will be allowed except those items covered by supplemei ments per Article VI, Changes 'in Work. ARTICLE IV: - PAYMENT OF FEES The Consultant shall be entitled to fees in accordai the following schedule: TASK I: Preliminary Package - 55% of Task I fee Final Package - 45% of Task 1 fee 0 TASK I!: Preliminary Package - 25% of Task II fee F i na 1 Package - 70% of .Task II fee One year or final construct i on - 5% of Task II fee ARTICLE V: FI HAL SUB14 I SS I ONS Within 15 days of completion and approval of each f age, the Consultant shall deliver to the City the following items: la Fifly copies of the plans and specifications in a form suitabl) on white paper. A reduced set of drawings shall be bound into eact specifications. 2. Original mylars at scale of the drawings reproducible on stand? 36" sheets. 3. All final engineering certifications and documents. ARTICLE VI: CHANGES IN WORK . If, in the course of this contract and design, cha merited by the Consultait or from the City and informal consultatii other party indicate that a change in the conditions of the contra * ranted, the Consultant or the City may request a change in contrsc change shall be processed by the City in the following manner: A lining the required changes shall be for;?rarded to the City or Cons inform them of the proposed changes along with a statement of est; / 1 1 2 3 4 5 6 7 8 3 10 l1 l2 l3 I* l5 l6 l7 18 39 2o 21 '' 23 . 24 z5 26 27 28 8 0 0 in charges or time schedule. a supplemental agreement shall be prepared by the City and approved b City Counci 1. Such supplemental agreement shall not render ineffecti invalidate unaffected portions of the agreement. Changes requiring 11 action by the Consultant or City shall be ordered by the City Enginee 'will inform a principal of the Consultant's firm of the necessity of action and follow up with a supplemental agreement (covering such work ARTICLE VI): COVENANT P,GR I NST CONTI NGENT FEES After reaching mutual agreement on the The Consultant warrants that he/she has not employed tained any company or person, other than a bona fide employee workins Consultant, to solicit or secure this agreement, and that Consultant paid or agreed to pay any company or person, 'other than a bona fide c any fee, commission, percentage, brokerage fee, gift, or any other cc tion contingent upon, or resulting frorn, the award or making this a< For breach or violation of this warranty, the City shall have the ric annul this agreement without liability, or, in its discretion, to dec from the agreement price or consideration, or otherwise recover, the a:nount of such fee, commission, percentage, brokerage fee, gift'or c( fee. ARTICLE VI 11: DES I GN STANDARDS The Consultant shall prepare the plans and specific accordance with recognized current design practices. Appl icable Cit Carlsbad standards and re'gional standards shall be used where approp Copies of such standards shall be obtained from the City of Carlsbad ARTICLE IX: NONDISCRIMINATION CLAUSE The Consultant shall comply with regulations relati discrimination in federal'ly-assisted programs. The Consultant shall the "Certification of Compl iance", attached hereto as Exhibit "Bl' ar I c 1 2 3 4 5 6 7 8 9 10 al 12 f3 14 15 3.6 * 17 18 19 20 21 22 z3 24 25 26 27 28 1 e 0 incorporated herein by reference, stating that he/she will comply wi provisions of Section 122(a) of the State and Local fiscal Assistanc of 1972. ARTICLE X: - TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecut or perform the work as provided in this contract, the City may term contract for nonperformance by notifying the Consultant by certifiec the termination of the contract. The Consultant, thereupon, has fii days to deliver said documents owned by the City and all work in prc the City Engineer. The City Engineer shall make a determination of upon the documents delivered to City of the percentagz of work whic sultant has performed which is usable and of worth to the City in h contract completed. Based upon that finding, as reported to the Ci the Council shall determine the final payment of the contract. ART I CLE XI : D I SPUTES If a dispilte should arise regarding the performance under this agreement, the following procedure shalt be used to resc question of fact or interpretation not otherwise settled by agreeme parties. among persons operating under the provisions of ;hi.s contract, shal duced to writing by the principal of the Consultant or the City Ens copy of such documented dispute shall be'forwarded to both parties along with recommended methods of resolution which would be of ben parties. The City Engi'neer or principal receiving the letter shal the letter along with a recommended method of resolution within te the resolution thus obtained is unsatisTactory to the aggrieved pa outlining the dispute shall be forwarded to the City Council for t Such questions, if they become identified as a part of a tion through the office of the City Manager, The City Coirncil may -8- 3. 2 3 4 5 6 7 8 9 20 21 22 13 14 15 a6 17 I* 18 lg 2o 21 22 23 24 Z5 2G z7 28 I 9 e consider the directed solution to the problem. In such cases, the a the City Council shall be binding upon the parties iwolved, althouy in this procedure shall prohibit the parties seeking remedies availa at law. ARTICLE XII: RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render a professional ser and any payments made to Consultant are compensation solely for suct Consultant may render ani recommendations made in the course of this Consultant shall certify as to the correctness of all designs and si R.C.E. number all plans, specifications and estimates furnished. ARTICLE XI 11: SUSPENSION OR TEREINATION OF SERVICES This agreement nay be terminated by either party upc 30 days' written notice to the other party. In the event of such SL termination, upon request of the City, the Consultant shall assemble product and put same in order for proper filing and closing and del; product to City. for work performed to the termination date; however, the total shall In the event of termination, the Consultant shall ceed the guaranteed total maximum. The City shall make the final dc as to the portions of tasks completed and the compensation to be mac City and Consultant agree to consider arbitration in the event of a ment. ARTICLE XIV: STATUS OF THE CONSULTANT The Consultant shall perform the services provided i in his/her own way as an independent contractor and in pursuit of h independent calling, and not as an employee of the City. Consultani under control of the City only as to the result to be accomplished c personnel assigned to the project, but shall consult with the City i for in the request fDr proposal. A 1 2 3 4 5 I 6 7 8 9 .lo %X l2 J3 2.4 l5 l6 I? 18 l9 2o 21 22 23 4 24 25 26 27 28 0 a ARTICLE XV: CONFORM I TY TO LEGAL REQU 1 RCMENTS The Consultanc shall cause all drawings and specifica conform to all applicable requirements of law: Federal, State and IC sultant shall provide the necessary copies of such project drawings E Fications, together with all necessary supporting documents, to be fi any agencies cllhose approval is necessary. ART1 CLE XVI : OWNERSHIP OF DOCUf4ENTS A1 1 plans: studies, sketches, drawings, reports and tions as herein required are the property of the City whether the wo which they are made be executed or not. nated, all documents, plans, specifications, drawings, reports and s shall be del ivered forthwith to the City. ART1 CLE XVI I : HOLD HARMLESS !AGREEMENT In the event this contract The City, its agents, officers and employees shall r for any claims, liabilities, penalties, fines, or any damage to gooc erties, or effects of any person whatever,'nor for personal injurie caused by, or resulting from, or claimed to have been caused by, or from, any act or omission of Consultant or Consultant's agents, emp representatives. Consultant agrees to defend, indemnify and save f harmless the City and its authorized agents, officers, and employee any of the foregoing liabilities or claims of any kind and any cost pense that is incurred by the City on account of any of the Forego: ties, including liabi 1 iiies or claims by'reason sf alleged defects plans and specifications, unless the liability or claim is due, or of, solely to the City's negl igcnce. ARTICLE XVI I I : ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or a thereof or any monies due thereunder wiihout prior written consent / -10- J 2 3 4 5 6 7 8 9 10 la 12 13 14 3.5 16 * 15' . 18 19 20 22 223 23 ' 24 25 26 . 27 28 1 a 0 ARTICLE XIX: SUBCONTRACTING If the Consultant subcontracts any of the work to b under this contract, Consultant shall be fully responsible to the C acts and omissions of Consultant's subcontractor and of the persons rectly or indirectly employed by the subcontractor, as Consu?tant i acts and omissions of persons directly employed by Consultant. Not tained in this contract shall create any contractual relationship b subcontractor of Consultant and the City. The Consultant shall bin contractor and every subcontractor of a subcontractor by the terms tract applicable to Consultant's work unless specjfically noted to in the subcontract in question approved in writing by the City. ARTICLE XX: PROHIBITED INTEREST a . No official of the City who is authorized in such c behalf of the City to negotiate, make, accept, or approve, or take negotiating, making, accepting, or dpproving of any architectural, inspection, construction, or material supply contractor, or any suk in connection with the construction of the project, shall become di indirectly interested personally in this contract or in any part tt officer, employee, architect, attorney, engineer, or inspector of c City who is authorized in such capacity and on behalf.of the City t any executive, supervisory, or other similar functions in connectic performance of this contract shall become directly or indirectly ir personally in this contract or any part thereof. ARTICLE XXI: VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any office or employee of the City, either before,.during, or after the execut contract, shall afrect or modify any of the terms or obligations hc tained nor such verbal agreement or conversation entitle the Consul -1 1- 3- 2 3 4 5. 6 7 a 9 10: 21 12 3-3 14 15 16 1'7 18 x9 ,20 21 22 23 24 25 0 e additional payment whatsoever under the terns of this contract. ARTICLE XXI I : .. SUCCESSORS OR ASS 1 GNS Subject to the provisions of Article XVII,' Hold Harm1 ment, all terms, conditions, and provisions hereof shall inure to and bind each of the parties hereto, and each of their respective heirs, c administrators, successors and assigns. ARTICLE XXI 11: EFFECTIVE DATE This contract shall be effective on and from the day first above written. ARTICLE XXIV: CONFLICT OF INTEREST The Consultant shall file a conflict of interest st2 the City Clerk of the City of Carlsbad. The Consultant shall report in real property and interest in any business holding real property City of Carlsbad. ARTICLE XXV: COST REPORT I NG Any documentation or written report shall contain i ate section the numbers and dollars anoi;nts of all contracts and sub relating to the preparation of the document or report unless less tf CITY OF CARLSBAD CG ENGlNEERlNG e i 1 ,O/[ / /;y' ppy ,/r>p & &I &hk, $. @a&7 * (.,?%:, t&i.L;/ RONALD C. PACWRD, MAYOR JOHN P. LRNDRY ATTEST : ALfTt1A L. -RAUTENKRAtlZ, CITY CLEIIIC ---. . ' . 8. -... '-1 1--7---T[ 1- .. 3. y---ZL- .. .' .. SCALE: 1'' C' 200': . . ' * PnQb AQTA Li-ln '7-ATM 7- . e e a STATE AND LOCAL FISCAL ASSISTA1ICE ACT OF 1972 I "EC. 722 NOND I SCR IHf WTI ON FROV IS IONS. (a 1 (1) ftJ GUIERAL. No person irt the United States shall, on the af race, color, national origin, or sex, be excIudcd.from the participa be denied the benefits of, or be subjected to discrimination under any 1 or activity of a State govet-ninznt or unit of local government, which goy or unit receives funds made available under subtitle A. Any prohibitioi discrimination on the. basis of age under the Age Discrimination Act of . with respect to an otherwise qual if ied handicapped individual as providc section 504 of the Rehabilitation Act of 1973 shall.also apply to any si gram or activity. Any prohibition against discrimination on the basis ( gion, or any exemption from such prohibition, as provided in the Civil I Act of 1364 or title Vi11 of the Act of April 71, 1968, hereafter refer) as Civil Rights Act of 1968, shall also apply to any such progrm or ac. PR0t-I I B IT 1 ON. . '' (2) EXCEPT1 ONS. (A) FUNDING. The provisions of paragraph (I) of this subsect shall not apply where any S'iate government or unj.'i of local government by clear and convincing evidence, that the pi-ogrsm or activity with res which the allegation of discrimination has been made is not funded in k; (B) CO!~STRUCTION PROJECTS IN PROGRESS. The provisions of par with respect to construction projeccs comnlenced prior to January 1, 197 :.in part with funds made available under subtitle A. relating to discrisination on the basis af handicapped status, shall nc CERT I F I CAT t ON OF CO!.ZPL I ANCE 1 hereby certify that legal namc cf vendor in performing under Purchase Order(s) awarded by the City of Carlsbad, with the provisions of Section 122(a) of the State ahd Local Fiscal As: . , . AC~ of 1372. . CG ENGINEERING - Date (NOTARIZE OR COWORATE SEA11 . Ti tIc S i gna tu re . .. This ccrtification is to bc subniifted with contract. I :: *. EXHIBIT "B' > e .. e a. _. _. STATE AMD LOCAL FISCAL ASSISTANCE ACT OF 1372 "EC. 122 NOND I SCR I PI I HAT I OY PROV I S I ONS . .. (4 PKOH I BIT1 CN. (1 1 IN GEKERAL. No person in the United States shall, on the of Face, color, national origin, or sex, be excluded from the participat be denied the benefits of, or be subjected to discrimination under any F or activity of a State government or unit of locsl government, which go\ or unit receives funds made available under -subtitle A. Any prohi,bitior discfimiriation on the basic, of age under the Age Discrimination Act of ' with respect to an otherwise qual ifieci hindicapped individual as providc section 501; of the Rehabilitation Act of 1973 shall also apply to any SI gram or activity. Any prohibition against discrimination on the basis ( gion, or any exen2tion Front such prohibition, as provided in the Civil 1 Act of 1964 OI- title Vi I I of the Act of April 11, 1968, hereafter refer! as Civil Rights Act of 1968, shall also apply to any such program or ac. .. (2) . EXCEPT 1 OI\!S. (A) FUNDII;!G. The provisions of paragraph (1) of this subsect by clear and convincing evidence, that the program or activity wtth res which the allegation of discrimination has been made is not funded in \r, in part with Tuncis made available under subtitle A. (B) CO!4STRUCTION PROJECTS It4 PROGRESS. The provisions of par relating to discrimination on the basis 0: handicapped status, shall nc with respect to construction projects cornmenced prior to January 1, 197 shall not apply \tihere any State government or unit of local governnent : CERTIFICATIOX OF COMPLI/?,I':CE I hereby cert i Fy tkat legal name of vendor in performing under Purchase Drdcr(s) awarded by the City of Carlsbsd, wit13 the provisions of Section 122(a) of the State and Local Fiscal As: Act of 1972. JOHN P. LANDRY Date Signature. .. Title (l*!:lclTARf ZE OR CORPORATE SEAL), e This ccrtiiicstion is to be subtnittcd with contract. l:: /