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HomeMy WebLinkAboutRES.1555.03-20-2000 BILL NO. 2000-78 RESOLUTION NO. � 5 S J' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MEAD ENVIRONMENTAL ASSOCIATES, INC. , FOR ENVIRONMENTAL ENGINEERING SERVICES FOR THE 1999 INNOVATIVE GRANT PROGRAM FOR THE DEMOLITION OF THE OLD ST. FRANCIS HOSPITAL BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS : ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract for Professional and Technical Services with Mead Environmental Associates, Inc . for the 1999 Innovative Grant Program for the Demolition of the Old St . Francis Hospital . A copy of said Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS � DAY OF � l3�`�C� , 20S�S�. . A. . Spr dling, III , ayor AT_TESTt:; .� �y �,� ,�: � ,,,�y,�,.. �'1x �'�-1�' �e �, �-�.�7.Z�t"t� .` Gayle� �:"-_Conrad, City Clerk f +� ;� ,,' CITY OF CAPE GIRARDEAU CONTRACT FOR ENVIRONMENTAL ENGINEERING SERVICES FOR THE 1999 INNOVATIVE GRANT PROGRAM FOR THE DEMOLITION OF THE OLD ST. FRANCIS HOSPITAL THIS AGREEMENT, made and entered into this �� day of ��,�lr� 20 �, by and between the City of Cape Girardeau, Missouri, a municipal corporation, hereinafter referred to as "City" with offices at City Hall, 401 Independence St. , P.O. Box 617, Cape Girardeau, MO 63702-0617, and Mead Environmental Associates, Inc. , 400 Broadway, Suite 501, Cape Girardeau, MO 63701, hereinafter referred to as the "Contractor" . WITNESSETH: THAT, WHEREAS, the City desires to engage the Contractor to render certain professional and technical services hereafter described in Exhibit A. WHEREAS, the Contractor made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Contractor for the performance of services by the Contractor. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Scope of Services. The City agrees to engage the services of the Contractor to perform the services hereinafter set forth in connection with project described in Exhibit A. 2. Additional Services. The City may add to Contractor services or delete therefrom �activities of a similar nature to those set forth in Exhibit A. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and shall be accepted and countersigned by the Contractor or its agreed representatives. 3 . Existing Data. All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable for the accuracy of the information furnished by the City. 4 . Personnel to be Provided. The Contractor represents that Contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor' s direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City. 5. Notice to Proceed. The services of the Contractor shall commence as directed in the Notice of Proceed and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 6. Compensation. The City agrees to pay the Contractor an amount not to exceed Twenty-Seven Thousand Five Hundred Ninety ($27,590.00) , which shall constitute complete compensation for all services to be rendered under this contract. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered certifying that the Contractor fully performed all work to be paid for in such progress payments in conformance with the contract. Such compensation will be paid in progress payments billed to the City for documented time and materials spent on the project based on the Contractor's March 17, 2000, fee schedule as provided in Exhibit A. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. 7. Failure to Perform. Cancellation. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The Contractor may without cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Contractor. 8. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation) , without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 9. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 2 1 10. Equal Employment Opportunity. The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, as further defined in Exhibit B, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 11. Civil Rights. The Contractor agrees in the performance of the contract to comply with all civil rights laws and regulations which are summarized in Exhibit C. 12 . Independent Contractor. The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City. 13 . Benefits not Available. The Contractor shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workmen' s Compensation Program of the City. 14 . Liabilitv. The parties mutually agree to the following: a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those caused by the City arising out of or in any way connected with this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. b. The Contractor shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property with are caused by the Contractor arising out of or in any way connected with this contract. 15. Documents. Reports, test results, and abatement specifications prepared or obtained under the terms of this Contract shall be delivered upon request to and become the property of the City upon termination or completion of the work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this Contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and delivering same. 16. Nonsolicitation. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability, or, in its discretion, to deduct from the Contract price 3 � or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 17. Books and Records. The Contractor and all his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this Contract, and shall make such materials available at their respective offices at all reasonable times during the Contract and for a period of three (3) years following completion of the Contract. 18. Delays. The Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor; the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this Contract; and under no circumstances will the Contractor be liable for indirect or consequential damages. 19. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to City of Cape Girardeau, City Hall, Division of Planning Services, 401 Independence St. , P.O. Box 617, Cape Girardeau, MO 63702-0617, and Mead Environmental Associates, Inc. , 400 Broadway, Suite 501, Cape Girardeau, MO 63701. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. EXECUTED THIS ��/N DAY OF ��, 2000. MEAD ENVIRONMENTAL '� .� ASSOCIATES, INC. ;�`' CITY OF APE GIRARDEAU Title : Chie Operating fficer Michael G. Miller City Manager ATTEST: ATTEST: C��-w�a�... Titl : �,��cc /y�,�,u� � 3�23�,.o Gayle . Conrad, City Clerk 4 J • _• : � i �(.c��+�I(,x� S�m� i1w�\. 7�x �r �" �µ " *� � ty: 1 il i '�K�,-���YS�L'��f{���w¢:tP1C��xS;'ig��' ��.,��,i`�r�i�pti�Fy11..,y{���r�ry��L�(� r � . i _ l f���+�r� R i 4��ia��T��,R�� Y� �.�t iA(!''� �F' a�"4P�dti'H I�tM Q���nN�'�2.i'r � ,(��. �', ywr.,kti�N�� '.i w�!�'u'y�'f�j+"�!�`� .��f"!��t,t w,r�ta ��-i�k��A� a+ � v r •tr�hath� i���.. �—x��Y.-,.�e ..Ih.... �q/ j�, ' ��� �' _ _ , -. ........ ��,c.. `N�p�NIJkM � �/4�r�� �ft'� I 1{� M��'�'� Zs � ''r�i..S���.�:-.. : .4 .... __._____.'.__. ' _.1.:_:::r'..._. ��1� �ryx�� �:..i ' ' "'..:_ . "':1:��.. "� *.`Mr'.u��::. . .;l� �, . • ...T:. .. ti.J> ;:�. lF:.;. . • {.��:-. � . .> , .�,.., q„ ,..., _. ..�� ._ r14...�,..i�; i ����1.7L♦ •r �� �.oG a .. ' �N'�`�,'. ` 1 .:q�'y..n;i. 1 !it,i Y�ITYy O���.C'?.1"�ti���y"�LJ r+ ���� , .t;.. . , ':�E7.i..`�..;,,..,..:..: .,S�s, , -.�u..�. -- ..- , ;��: ,.. . ,. ,�� =.;k�,�, ,.•-.�:,.._� � .....: ,- ... , . ... ...':1'':,,���:,t.::T'�'.!: ...�_. `'��' CITY HALL DtVIStON OF �7 �ot iND6P£NOENCE pLANNING SERVICES March 14� G��� P.p,BOX 817 CAPE GIRARDEAU,MO 83702-0617 PFiONE;(5'/31 33<•83zb FNf:(5731 65t�oe60 ADDENDUM NO. 'I CITY QF CAPE GIRARDEAU INNOVATIVE GRANT PROGRAM OLD ST. FRANCIS HOSPI�'AL PROFESSIONAI� �NGINEERING SERVICES proposed for the Oid St. Francis Hospital and two (2J accessory structures Scope af Work items Estimate .items 1-6 $ ^ /D, 7�0. Do To be compfeted in /�_ working days �(O+ TD E 1C C C.=E D Bulk Samples 1(,l0 @ $ I o.oo �G�v.eo $ a b�fl. o� r S.o o ��.. �o_ B�4�K �R ec�'�i+i� �� C`' o o,oa Items 7-9 f'roject Management/Air Sampling � o, p e a. o 0 � working days/8-hour shifts) @ S �-oo. oo /day. $ - — 3 ��r -�Ioor Pe�- win� �Iks NO i Tv �'XCE1;D Clearance Air Samples s i►� ao��Er1- �oo,-►� $ µg p o � 3� @ 5 /S /each. NO-r 'r� E1CC�� Work Sampfes $ �SDB� fl O �d @ $ l v o � __/each. @ as d a�s SCCre.'t'4riti,� �c.'.�PorT e ul�n,tn�' S'7'oQA4E� Drr_�c�c / � qa. DD s�acQ , c.l askR� �2��owtTOT�LS $ a O. D D '�/ 7S D.oD [{ the project is not comp{eted tie covered e� all�h ediqU dat d $damager�cost M�n�gement/Air Sampl�ng shouid Y ! incurred by the contractor I � � ��'rl��'�. �5� . .�i�� -'� �(�0 mcf�-� �ul�l2c7 � Name Company TOTAL P.02 1 � r EAD Environmental Associates, Inc. � 400 Broadway/Suife 501/Cape Girardeau Missouri 63701 573-651-3329/800-659-3329 Fax:573-651-3496 E-mail:meadenv(a)ldd.net MEAD Environmental is pleased to present the following proposed schedule for services for the Old St. Francis Hospital asbestos removal project. The Project(Items 1 - 6 of the Scope of Work stated in the Request for Proposals) shall be completed in not more than 15 working days. For each working day that the above work is not completed beyond the 15 working days, MEAD Environmental Associates, Inc. shall pay a$500.00 penalty. The required $500.00 per calendar day penalty assessment shall apply after the initial 15 working days expire. Scope of Work Day 1 to Day 15 1. Inspection of structure by a Missouri licensed asbestos inspector. 2. Collection of bulk samples. 3. Analysis of the bulk samples by a third party accredited laboratory. Invoice Submission per Request for Proposal 4. Provide a property inspection report to include: Preface, sampling selection procedures, asbestos inspection report, site reconnaissance report, floor plans, sampling locations,bulk sample data, laboratory analysis and laboratory accreditations. 5. Provide an asbestos qualification. 6. Prepare and produce an asbestos removal specification to include: a. Summary of Work b. Project Coordination c. Definitions and Standards d. Codes and Regulations e. Submittals f. Temporary Facilities g. Temporary Pressure Differential Air Circulation System h. Temporary Enclosures i. Worker Protection j. Respiratory Protection k. Decontamination Units 1. Material and Equipment m. Project Closeout n. Project Decontamination o. Certificate of Visual Inspection p. Cleaning and Decontamination Procedures q. Work Area Monitoring r. Glovebag Removal of ACM s. Removal of Asbestos Containing Materials t. Removal of Asbestos Contaminated Soil u. Removal of Asbestos Contaminated Ash v. Disposal of Asbestos Containing Waste Material End of 15 working days - Submission of Invoice per Request for Proposal During Contractor's Removal Activities: 7. Provide daily on-site monitoring. 8. Provide project management whose duties will include: a. EntryBxit Report b. Visitors Report c. Accident Report d. Daily Activity Report e. Removal Report f. Disposal Report g. Visuallnspections 9. Provide Air Sampling Professional to perform on-site visits, prior to removal, during removal and after removal for the project. Submission of Monthly Invoices per Request for Proposal EXHIBIT B Equal Employment Opportunity Equal Employment Opportunity. During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin. The Contractor will take affirmative action to ensure that applicanis are employed, and that employees are treated during employment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for � training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. The Contractor will, in all solicitation or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. c. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the County's Department of Housing and Community Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the Contractor's noncompliance with the non-compliance clauses of this Agreement or with any of such rules, regulations or orders,this Agreement may be canceled,terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions maybe imposed and remedies invoked as provided in Executive Order 1 1246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the County's Department of Housing and Community Development may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the County's Department of Housing and Community Development,the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Civil Riqhts Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance Section 109 of the Housinq and Community Development Act of 1974 a. No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. "Section 3" Compliance in the Provision of Traininq Employment and Business Opportunities a. The work to be performed under this contract is on a project assisted under a program providing direct Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of � 1968, as amended, 12 U.S.C. 1701u. Section 3 required that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if a y, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, finding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. ! EXHIBIT C Civil Rights Title VI of the Civil Riqhts Act of 1964 provides that no person in the United States shali, on the ground of race, color, or national origin, be excluded from pariicipation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Title VIII of the Civil Rights Act of 1968, as amended, provides that no person shall, on the basis of race, color, religion, national origin, handicap or familial status, be discriminated against in housing (and related facilities) provided with Federal assistance or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the Federal Government. Section 109 Housinq and Community Development (HCD) Act of 1974, as amended, provides that no person in the United States shall, on the ground of race, color, religion or religious affiliation, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under Title I of the Housing and Community Development Act of 1974. Section 3 of the Housinq and Urban Development Act of 1968, as amended, provides that, to the greatest extent feasible, opportunities for training and employment shall be given to recipients of public housing and lower-income residents of the unit of local government or the metropolitan area (or non-metropolitan county) in which the project is located; contract work in connection with such projects shall be awarded to business concerns which are owned in substantial part by persons residing in the same metropolitan area (or non-metropolitan county) as the project, employ Section 3 residents in full-time positions, or subcontract with businesses which provide economic opportunities to lower-income persons. Section 503 of Rehabilitation Act of 1973, as amended, provides for the nondiscrimination in contractor employment. All recipients of Federal funds must certify to the following through all contracts issued: Affirmative Action for Handicap�ed Workers (a) The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (c) In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (d) The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance: in employment qualified handicapped employees and applicants for employment, and the rights of•applicants and employees. (e) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (f) The contractor will include the provisions of this clause in every subcontract or purchase order of 52,500 or more, unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. Section 504 of the Rehabilitation Act of 1973, as amended, provides for nondiscrimination of an otherwise qualified individual solely on the basis of his/her handicap in benefiting from any program or activity receiving Federal financial assistance. All recipients must certify to compliance with all provisions of this Section. Aqe Discrimination Act of 1975. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance. ! Executive Order 11063, as amended. AII departments and agencies are directed to take all action necessary and appropriate to prevent discrimination in housing and related facilities owned or operated by the Federal Government or provided with Federal financial assistance and in the lending practices with respect to residential property and related facilities (including land to be developed for residential use) of lending institutions, insofar as such practices relate to loans insured or guaranteed by the Federal Government. Executive Order 11246, as amended, provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in any phase of employment during the performance of Federal or federally-assisted construction contracts in excess of S 10,000. The following civil rights requirements also apply to CDBG grantees performance: Grantees shall comply with Executive Order 11246, as amended by Executive Order 12086, and the regulations issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts. As specified in Executive Order 11246 and the implementing regulations, contractors and subcontractors on Federal or federally assisted construction contracts shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. Section 1061d) 5116) of Title I of the Housinq Communitv Development Act of 1974, as amended, provides that the grantee will affirmatively further fair housing. Section 519 of Public Law 101-144 (the 1990 HUD Appropriations Act requires each unit of general local government which receives Title I funds to adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. Section 906 of the Cranston-Gonzales National Affordable Housinq Act amended subsection 104�1) of the HCD Act of 1974. The provision states that no CDBG funds may be obligated or expended to any unit of general local government that fails to adopt and enforce a policy of prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, or fails to adopt and enforce a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction. Unlike a similar prohibition in the FY 1990 Appropriation Act, the amendment clearly appiies to all units of general local government, including counties. Section 912 of the Cranston-Gonzales National Affordable Housinq Act amended Section 109(a) of the HCD Act of 1974 to prohibit discrimination on the basis of religion or religious affiliation.