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HomeMy WebLinkAboutRES.1217.12-02-1996 BILL N�. 96-344 �4�S�L��ION NC3. i .�' � A RESOLUTI(�iV A�T:���!Z�NG �HE C�TY �NAIVAG�R Ta EXECu�� .�, �.O�iTRA�� VJ9Ti� �J�EAD �NVl�JNME�TAL /�;�S��IA�ES, 1NC. FOf� F�l�JiRaN�(IE�VTfi.L ENGiNEE�lNG SERVICES FO�? TH� 19�� �LrJO� BUYOU-f ?ROGRAM B� �i RE�a�V�� �1' �"H� �t�Jt�iGlL �� TH� Cl�Y �3� CgPE �iRARDEAIJ, !U!lSSOIJRi, AS F�3LL01�/��: ARTICLE � . The C;ity i�tlanager, for and on k��hal�ofi th�e City of Cape Girardea«, !1/lissour�, is her�l�y ae�thcrized to execute a Cont��ct for r�ofessional and �echnicai Services with (��lea� Enviro�mers�a� Associates, lr�c.for e�vironmenta! engineering s�rvic�s Tor the '�395 t=lood B�syout �rc�r��arr�. � cepy of saia Cont�ac� is aitached to this Resolution and maciE a part herz�f. ��f.� ° _.�,�.� c PASSED At��J APPr�OVED TN"; ,;�_ �A� fJF �t�� �rz f;� � , 3 9�. / _ � � :�.��. ���ac�iinc�, i"s1 I�t�yo� �TTEST: , ,, i�a�������/ C�1 � �- _ G�y�e�,�..' Conracl �eauty �ity Cler�c , ," � , � . . � , ' ,.. , , s , , `��- �� �,, , i.J J ���.fl �• � ?� f �� X :.- � +r' +� , � � S� C�'i'Y O� CAPE GIRARDEAU CONTRACT FOIt ENVIRO�NMENTAL ENGINE�RING SERVICES FO� THE FL40D BUYOUT' PROGRAM THIS AGREEMENT, made and entered into this day of , 19 , by and between the City ot Cape Girardeau, M�ssouri, 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 en�age the Cor.tractor to render certain professional and technical services hereafter described in Exhinit A. WHEREAS, the Contractor made cectai:: representations and statements to the City with respect to the provision of such services and th� �ity has accepted said proposa] to enter into a contract with the Contractor for the performa�ce of serviees by the Contractor. NOW, THEREFORE, for the cons�d�rations herein expressed, it is agree� by and between the City and the Contractor as follows: 1. Scope of Services. The �ity 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 Exnibit Fi. �he Contractor shall undertake such changed activities only upon the direction of the City. All sucn 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 Contracior 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 persannel required ta pertorm the services called for under this contract by the Contractor. Such personnel shall not be em��oyees of o: have any contractual relationship with the City except as employees of the Contracter. 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 �ualified and shall be authorized under state and Iocal 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. Com�ensation. The City agrees to pay the; Contractor an amount not to exceed $20,000.00, which shall constitute complete compensation fo: all services to be rendered under this contract. The final payment �vill 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 conformanc� with the contract. Such compensation will be paid in progress payments billed to tne C:ty for documen�ed time and materials spent on the project based on the Contractar's November 25, 199C, 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 tl:is agreement anu the work actually required. 7. Failure to Perform. Cancellation. If, throagh 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, agreemer.ts, or stipulations of this contract, the City shall thereupon have the right to terminate this contrac� by giving written notice to the Contractor of sLch termination and specifyin� the effective date thereof, at least �ive (�) days before the effective day ot such termination. The Contractor may without cause terminate this contract upon 30 days prior written notice. In either such event all 2inished or �snfinisheci documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materiais prepared by the Contractor under this contract shall, at the option of the City, become its pronerty, 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. Assi�nment. The Contractor shall not assi�n any interest in this contract, and shall not transfer any interest in the same (whether by assignmer.t or novation), without prior written consent of the City thereto. Any such assigr.ment is expressly subject to all ri�hts and remedies of the City under this agreement, includinD the right to change or delete activities from the contract or to terminate the same as provicied 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. 10. Equal Em�lovment O�nortunitv. The Contractor a�r�es 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 polit�c�l affiliation, as further defined in Exhibit B, against any employee of Contractor c�r applicant for employment and shall include a similar provision in all subcontracts let or awar�ed hereunder. 11. Civil Rights. The Contractor agrees in the perfarmance of the contract to comply with all civil rights laws and regulations which are summarized in Exhibit C. 12. Inde�endent 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 tne followinD: 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 reccived 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 uoon request to and become the property of the City upon termination or completion of the wark. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtai::ed Under this Contract shall be made available, upon request, to the City without restriciions or limitations an thei�- use. When such copies are requested, the City agrees to nay the Contrac±ar its costs of copyin� 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 oaid 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 violatian of this warranty, the City shall have the right to annul this Contract without liabiliry, or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover the fuil amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 17. Books and Records. The Contractor and all his suhcontractors shall maintain all books, documents, papers, accounting r�cords 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 auring the Contract and for a period c�f three (3) years following completion of the Contract. -, � 18. Delavs. The Contractar shall not be liable for delays resulting from causes beyond the reasonable contro] of the Contractor; the Cont:actor 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 consequeniial damages. 19. Notices. All notices required or permitted hereinunder an� 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 shalI be the �ate falling on the second full day after the day of its mailing. EXECUTED THIS DAY OF , 19 MEAD ENVIRONMENTAL ASSOCIATES, INC. CITY OF CAPE GIRARDEAU Title: Chief Operating Officer City Manager ATTEST: AT'i'EST: Title: Deputy City Clerk a EAD Environmental Associates, Inc. � 400 Broadway/Suite 501/Cape Girardeau Missouri 63701 573-651-3329/800-659-3329 Fax:573-651-3496 Pursuant to the Request for Proposals, MEAD Environmental Associates is pleased to present the following proposal for services for the Cape Girardeau Flood Buyout Program. Scope of Work - Items 1 through 6: (To be completed in 30 working d�ys- See proposed work schedule, Appendix H) $270.00 per property (This cost includes all work except sample analysis) 8.00 per sample Scope of Work - Items 7 through 9: $325.00 per day (includes costs for Items 7 through 9) 8.00 per air sample - work area samples 15.00 per air sample - clearance samples MEAD Environmental Associates, Inc. guarantees to cover additional expenses resulting from asbestos not detected during the inspection process. Respectfully submitted by, MEAD Environmental Associates, Inc. O David J. R Chief Operating Officer EXHIBIT A i EAD Environmental Associates, Inc. - � �!, 400 Broadway/Suite 501/Cape Girardeau Missoun 63701 573-651-3329/800-659-3329 ' Fax:573-651-3496 MEAD Environmental is pleased to present the following proposed schedule for services for the Cape Girardeau Flood Buyout Program. The Project (Items 1 - 6 of the Scope of Work stated in the Request for Proposals) shall be completed in not more than 30 working days. For each working day that the above work is not completed beyond the initial 30 working days, MEAD Environmental Associates, Inc. shall pay a �100.00 penalty until the initia140 working day allotment has been met. The required $500.00 per calendar day penalty assessment shall apply after the initia140 working days expire. Scope of Work Day 1 to Day 20 1. Inspection of structures by a Missouri licensed asbestos inspector. 2. Collection of bulk samples. Day 2� 3. Analysis of the bulk samples by a third party A�IIA accredited laboratory. Invoice Submissiofr per Reqliesl for Proposal Day 30 4. Provide for each property an inspection report to include: preface, sampiing 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 for each property. 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 £ Temporary Facilities EXHIBIT A g. Temporary Pressure Differential Air Circulation System ' h. Temporary Enclosures i. Worker Protection j. Respiratory Protection k. Decontamination Units l. 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. Disposa] of Asbestos Containing Waste Material End of 30 workrr�g days-Submission of Im�oice per Request for Proposal During Contractor's Removal Activities: 7. Provide daily on-site monitoring. 8. Provide project management whose duties will include: a. Entry/Exit Report b. Visitors Report c. Accident Report d. Daily Activity Report e. Removal Report f. Disposal Report g. VisualInspections 9. Provide Air Sampling Professional to perform on-site visits, prior to removal, during removal and after removal for each property. � Submissior7 of Monthly Irn�oices per Request for Proposal ' EXHIBIT A MEAD Environmentai Associates,Inc. CITY OF CAPE GIRARDEAU 1995 FLOOD BUYOUT PROGRAM TTEM STREET STREET PARCEL NO. �A NO. NO. NAME * COMBINED PARCEL • 2 602 Pine 21-118-00-05-011.00 Smelterville 3 601 Pine 21-118-00-06-001.00 Smelterville 4 600 Pine 21-118-00-OS-012.00 Smelterville 5 600 Beech 21-118-00-04-014.00 Smelterville 6 605 Poplar * 21-118-00-07-003.00 Smelterville 7 603 Poplar * 21-118-00-07-003.00 Smelterville 8 605 Beech 21-118-00-05-003.00 Smelterville 9 601 Poplar * 21-118-00-07-003.00 Smelterville 11 610 Beech 21-118-00-04-013.00 Smelterville 12 617 Poplar 21-118-00-07-005.00 Smelterville 13 310 North End 16-715-00-11-004 Red Star 14 1126 North Main 16-716-00-20-005 Red Star 15 305 Third 16-716-00-20-003 Red Star 16 1111 North Water 16-716-00-20-012 Red Star 17 1120 North Main 16-716-00-20-006 Red Star 18 1003 North Main 16-716--00-24-001 Red Star 19 303 Third 16-716-�0-20-002 Red Star 22 3(K Third 16-716-00-19-009 Red Star 26 1206 North Main 16-716-00-19-011 Red Star 28 1449 Rand 16-716-00-10-004 Red Star 31 1030 North Lorimier 16-715-00-11-002 Red Star 33 1453 Rand 16-716-00-10-0OZ Red Star 34 1016 North Fountain 16-715-00-12-004 Red Star 37 4(34 Second * 16-716-00-21-007 Red Star 38 410 Second * 16-716-00-21-007 Red Star 41 1033 North Lorimier 16-715-00-11-0011 Red Star 43 1237 North Water 16-716-00-19-001 Red Star EXHIBIT A TTEM STREET STREET PARCEI. NO. �gEA NO. NO. NAME # COMBINED PARCEL 44 1418 North Water 16-716-00-10-011 Red Star 46 2822 Big Bend Road Highway 177 47 319 North End 16-715-00-12-004 Red Star 51 1424 North Water 16-716-00-10-009 Red Star 53 1316 North Water 16-716-00-12-005 Red Star EXHIBIT A EXHIBIT B Equal Employment Opportunity Equal EmploVment O�portunity. During the performancc 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 applicants 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 ag�rees 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 �vil] be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or ra�v materials. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 196�, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The Contractor will fumish all information and reports required by Executive Order ll246 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 uon-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 ineligjble 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 Facecutive Order 11246 of September 24, 196�, or by rule, regulation, or order of ihe Secretary of Labor, or as otherwise provided by law. g. The Contractor will include ihe 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, 196�, 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 Coutractor may request the United States to enter into such litigation to protect the interests of the United States. Civil Rights Act of 1964. Under Title VI of the Civi] P�ights 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 receivinS� Federal financial assistance. Section 109 of the Housing and Communitv Develonmenl Act of 1974 a. No person in the United States shall on the ground of race, color, national orign, or sex be excluded from participation in, be denied the bene$ts of, or be subjected to discrimination under any program or activity funded in whole or in part with funds madc available under this title. "Section 3" Compliance in the Provision of TraininQ Emplovment 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 gjven lower income residents of the project area and contracts for work in connection with the project be awarded to business concems which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this contract wiil 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 compiying with these requirements. c. The contractor will send to each labor organization or represeniative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organi7ation 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 financiai assistance, take appropriate action pursuant to the subcontract upon a findin� that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 13�. 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 13� 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 13�, and all applicabie 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 Civi] Rights Act of 1964 provides that uo person in the United States shall, on the grouud of race, color, or national origin, be excluded from participation iu, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal finaucial assistauce. Title VIII of the Civil Ri�*hts Act of 196�, as amended, provides that no persou shall, on the basis of race, color, :eligou, natioual orign, handicap or familial status, be discrimivated 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 Govemment. Section 109 Housin� and Communitp Development (HCD) Act of 1974, as amended, provides that no person in the Uuited States shall, on the ground of race, color, religion or relipous �liation, national origin, or sea 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 Housing and Urban Development Act of 1968, as amended, provides that, to the greatest eatent feasible, opportunities for trainiug and employment shail be given to recipients of public housing and lower-incorse residents of the unit of local govemmeut or the metropolitau arca (or non-metropolitan county)in which the project is located; contract work in conuection with such projects shall be awarded to business concems which are owued in substantial part by persons residing iu 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 �03 of Rehabilitation Act of 1973, as ameiided, provides for the nondiscrimination in contractor employment. All recipients of Federal funds must certify to the following through all contracts issued: Affinnative Action for Handicapped Workers (a) The contractor will not discriminate a�ainst any employee or applicant for employment because of physical or meutal handicap in re�ard to auy position for which the employee or applicaut for employment is qualified. The contractor agrecs to take affiru�ative action to employ, advance in employment and otherwise treat qualified handicapped iiidividuals without discrimination based upon their physical or menta] handicap iu 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, aud selection for training, includiug 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) T'he contractor agrees to post in couspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or throu�h the contracting officer. Such notices shall state the contractor's obligation under the ]a�v to take affirmative action to employ and advauce iu employment qualified haudicapped employees and applicants for employmeut, and Ihe rights of applicants and employees. (e) The contractor will notify each labor iinion or represeutative of workers with which it has a collective bargaining agreement or other contract understandino, that the contractor is bouud bV the tercvs of Section �03 of the Rehabilitatiov Act of 1973, aud is committed to take affinuative action to employ and advance in emplo��ment physically and mcntally handicapped individuals. (� "I'he contractor will include the provisious of this clause in every subcoutract or purchase order oi $2,�00 or more, iinless exempted by rulcs, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upou 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. A�e Discrimination Act of 197�. 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 �inanciai assistance. Executive Order 11063, as amended. Ail departments and agencies are directed to take all action necessary and appropriate to prevent discrimination in housing and related facilities owned or operated by ihe Federai 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$10,000. The following civil righis requirements also apply to CDBG grantees performance: Crrantees shall comply with Executive Order 11246, as amended by Executive Order 12086, and the regulatious issued pursuant thereto(41 CFR Chapter 60)which provide that no person shall be discriminated against on the basis of race, co]or, religon, sex, or national orign 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 106(d) (�)Bl of Title I of the Housing Communitv Development Act of 1974, as amended, provides that the grantee will affirmatively further fair housing. Section �19 of Public I aw 101-144 (the 1990 HUD Appmpriations Act) requires each unit of general local govemment which receives Title I fiinds to adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against auy individuals engaged in nonvioleut civil rights demonstrations. Section 906 of the Cranston-Gonzales National Affordable Housin�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 genera] 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 applicabie state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violeni civil rights demonslration within its jurisdiction. Unlike a similar prohibition in the FY 1990 Appropriation Act, the amendment clearly applies to all units of general local govemment, including counties. Section 912 of the Cranston-Gonzales National Affordable Housin�Act amended Section 109(a)of the HCD Act of 1974 to prohibit discrimination on the basis of religion or religious affiliation.