HomeMy WebLinkAbout1981-05-19; City Council; 6386-3; STREETSCAPE MASTER PLAN ENGINEERING AGREEMENT,-
' @. CiPY OF, CARLSBAD ' '?eb-' *
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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:
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1. CG Engineering/John P. 'Landry
2. Wildan/lnnis/Tannenbaum 3. Berryman & Stephenson 4. Jaykim 5. Design Col laborat ive 6. CH2M Hill
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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.
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AP P.30VEQ
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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.
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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.
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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)
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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;
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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
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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
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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.
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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
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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
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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
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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::
/