HomeMy WebLinkAboutRES.931.05-16-1994 BILL NO. 94-113 RESOLUTION NO. `� �j '
' 'i
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEMOLITION CONTRACT WITH J. W.
STRACK CONSTRUCTION
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
Demolition Contract with J. W. Strack Construction. A copy of said
Contract is attached to this Resolution and made a part hereof.
,�
PASSED AND ADOPTED THIS l�`i�;£i�t DAY OF , 19 '�f` .
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.
A. . Spradling, II , Mayor
ATTEST:
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Gayle'�L. Conrad
Deputy City Clerk
DEMOLITION CONTRACT
This agreement, entered into this day of ,
1994, by and between the City of Cape Girardeau, Missouri, a
Municipal Corporation, hereinafter referred to as "City" , and J. W.
Strack Construction, 2827 Perryville Road, Cape Girardeau, MO
63701, hereinafter referred to as "Contractor. "
In consideration of the mutual covenants contained herein and
other good and valuable consideration, City and Contractor agree as
follows:
1. Contractor shall totally demolish the following building:
RED STAR AREA (EXHIBIT A)
1. 1008 NORTH SPANISH STREET -- West 85 feet, Lot 3 , Block 10,
Robertson & Gale's Subdivision. Remove one (1) story wood
frame residence with carport, remove concrete front and rear
steps, concrete slab, and sidewalk. Remove all rubbish and
debris.
2. 1015 NORTH SPANISH STREET -- Lot 10, Block 1, Robertson &
Gale's Subdivision. Remove one (1) story wood frame residence
with basement. Remove 10 foot by 18 foot garage. Remove all
rubbish and debris.
3 . 1016 NORTH SPANISH STREET -- West 85 feet, Lot 4 , Block 10,
Robertson & Gale's Subdivision. Remove concrete footing and
foundation. Remove all rubbish and debris.
4 . 1109 NORTH MAIN STREET -- Lot 9 , Block 9 Robertson & Gale's
Subdivision. Remove one (1) story wood frame residence.
Remove front concrete steps and sidewalk. Remove concrete
sidewalk at the rear, fence at the alley and house. Remove 17
foot by 20 foot garage. Remove all rubbish and debris.
5. 1111 NORTH MAIN STREET -- Lot 10, Block 9, Robertson & Gale's
Subdivision. Remove footing and foundation, front and rear
concrete porches and steps, burned tree stump and fence at the
alley. Remove concrete sidewalk and 30 foot by 51 foot
concrete slab at the rear. Remove all rubbish and debris.
(Sewer is capped - demolition permit has been issued. )
6. 1117 NORTH MAIN STREET -- Lot 11, Block 9 , Robertson & Gale's
Subdivision. Remove basement, concrete footing and
foundation. Remove concrete front and rear steps, fence
around property line. Remove all rubbish and debris. (Sewer
is capped - demolition permit has been issued. )
7 . 1121 NORTH MAIN STREET -- Lot 12 , Block 9 , Robertson & Gale's
Subdivision. Remove one (1) story wood frame residence with
basement. Remove concrete sidewalk, clothes line poles, all
junk, rubbish and debris. Remove 18 foot by 18 foot outside
storage shed.
8 . 1110 NORTH MAIN STREET -- Lots 3 and 4 , Block 12 , Robertson &
Gale's Subdivision. Remove one (1) story wood frame
residence. Remove 10 foot by 12 foot outside storage shed and
12 foot by 23 foot garage. Remove two (2) dead trees,
concrete slab, sidewalk, all rubbish and debris.
9 . 1111 NORTH WATER STREET -- South 1/2 North 1/2 Lots 8, 9 , 10,
Block 1, Robertson & Gale's Subdivision. Remove 10 foot by 12
foot concrete cellar.
10. 1113 NORTH WATER STREET -- Lots 8 , 9 and 10, Block 12 ,
Robertson & Gale's Subdivision. Remove one (1) story wood
frame residence, remove fence on the north and south sides.
Remove concrete retaining wall, sidewalk, steps and shed.
Remove all rubbish and debris.
11. 1408 NORTH WATER STREET -- Lot 2 , Block 16, Robertson & Gale's
Subdivision. Remove one (1) story stucco residence. Remove
19 foot by 23 foot garage, concrete block barbecue grill and
clothes line poles. Remove dead tree on the garage, dead tree
north of the garage, all brush, rubbish and debris.
12 . 935 CHESTNUT STREET -- East 100 feet of all that part of Lot
112 , Range Q, Ingram's Addition. Remove one and one-half (12)
story wood frame residence. Remove planter, swing set, tire
swings, clothes line poles, concrete sidewalk and slab at the
rear. Remove all rubbish and debris.
HIGHWAY 177
13 . EAST SIDE OF HIGHWAY 177, NORTH OF WILDLIFE SANCTUARY (YELLOW
ALIIMINUM SIDING HOUSE) -- A tract of land in the West Part of
the Southwest Quarter of the Southeast Quarter of Section 21,
Township 31 North, Range 14 East. Remove one (1) story wood
frame residence. Remove sandbags, dog pen, dead tree on the
east side of rear yard, all rubbish and debris. Fill septic
tank.
SMELTERVILLE
14 . 624 VINE STREET -- Lot 20, Block 1, Village of Girardeau.
Remove footing and foundation. Remove all rubbish and debris.
Fill septic tank.
15. 626 VINE STREET -- Lot 19, Block 1, Village of Girardeau.
Remove footing and foundation. Remove all rubbish and debris.
Fill septic tank.
16. 628 VINE STREET -- Lot 18, Block 1, Village of Girardeau.
Remove footing and foundation. Remove all rubbish and debris.
Fill septic tank.
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17 . 2000 SOUTH SPRIGG STREET -- Lots 1 and 2 , Block 1,
Smelterville. Remove two (2) story concrete block residence
with partial basement. Remove 12 foot by 12 foot concrete
block garage. Remove all rubbish and debris. Fill septic
tank.
18 . 2012 SOUTH SPRIGG STREET (NEW HOPE BAPTIST CHURCH, CORNER OF
SOUTH SPRIGG AND BEECH STREETS) -- Lots 6 and 7, Block 1,
Smelterville. Remove one (1) story wood frame church. Remove
all rubbish and debris.
19. PECAN STREET (WHITE CONCRETE BLOCK CHURCH AT RAILROAD TRACR)
-- Lot l, Block 5, Village of Girardeau. Remove one (1) story
concrete block church with basement. Remove all debris inside
church. Remove the pile of tile block at rear. Remove all
rubbish and debris. Fill septic tank.
20. 603 BEECH STREET -- Lot 17 , Block 2 , Smelterville. Remove one
(1) story wood frame residence. Remove fence on the east and
south sides. Remove all rubbish and debris. Fill septic
tank.
21. 602 POPLAR STREET -- Lot 18 , Block 3 , Smelterville. Remove
footing and foundation. Remove fence on the east and north
side of the lot. Remove concrete slab, all rubbish and
debris. (Sewer is capped - demolition permit has been
issued. )
22 . 604 POPLAR STREET -- East 14 feet, Lot 14 and all Lot 15,
Block 3 , Smelterville. Remove footing and foundation. Remove
concrete sidewalk, front and rear. Remove fence at the alley
and all rubbish and debris. Remove metal garage. DO NOT
REMOVE FRONT FENCE AND GATE! (Sewer is capped - demolition
permit has been issued. )
23 . 616 POPLAR STREET -- Lot 7 , Block 3 , Smelterville. Remove one
(1) story wood frame residence. Remove fence at alley.
Remove all rubbish and debris. DO NOT REMOVE FRONT FENCE:
Cap Sewer.
24 . 613 PINE STREET -- Lots 8 and 9, Block 3 , Smelterville.
Remove one (1) story wood frame residence. Remove front
sidewalk. Remove all rubbish and debris. Cap sewer.
All sewers shall be disconnected prior to the issuance of a
Demolition Permit. Septic tanks will have the tops removed,
be pumped and filled with sand. There will be no cost for
Demolition Permits issued on this project.
The rubbish and debris shall be removed from the demolition
site and deposited at a disposal site approved by the City.
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The site shall be finish graded to fill any voids, seeded and
strawed.
Concrete, brick and other concrete products may be deposited
at a fill site located on Pecan Street (See attached map) .
Dig a hole on the site, deposit the concrete and cover with
suitable fill, seed and straw. Slopes shall be no greater
than 3 . 1.
All debris and rubbish shall be removed from the demolition site
and deposited at a site satisfactory to the City. All holes left
by removal of the foundations shall be filled with good dirt, free
of debris, and compacted to a density equal to the surrounding
ground. Dirt required for filling any holes shall be obtained at
a site satisfactory to the City Engineer. Contractor will be
responsible for any damage done to the sidewalks, alleys or streets
adjoining the property. All utilities shall be disconnected prior
to demolition. Contractor shall take all necessary care to protect
nearby buildings, drives, motor vehicles, and all adjoining
property, and the Contractor is to leave same in condition equal to
that which now exists.
2 . Contractor shall provide all labor and materials, and
furnish and direct at its own expense, whatever equipment or work
may be necessary for the expeditious and proper execution of its
duties under this contract.
3 . Contractor shall secure, at its own expense, all permits,
licenses and consents required by law or necessary to perform this
work and will give all notices and pay all fees and otherwise
comply with applicable city, county and state laws, ordinances,
rules and regulations.
4 . Federal and State Wage Determinations have been issued
for this work and all employees shall be paid the appropriate wage.
5. Should Contractor at any time refuse or neglect to supply
adequate materials or equipment or a sufficient number of properly
skilled workmen, or fail in any respect to prosecute the work with
promptness and diligence, or fail to perform any of the agreements
of this contract, City may, at its election, immediately terminate
this agreement, giving notice to Contractor in writing of such
election, and enter on the premises and take possession for the
purpose of completing the work included under this agreement, and
may employ any other person or persons to finish the work and to
provide the materials therefor at the expense of Contractor.
6. Contractor shall indemnify City from all claims, demands,
suits and actions of every name and description brought against the
City for or on account of any injuries or damages received or
sustained by any parties by or as a result of the acts or omission
of Contractor, his servants or agents, in doing the work herein
described, or by or as a result of any negligence in guarding the
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same, or on account of any improper equipment or materials utilized
in performing the work.
7 . Contractor shall prior to commencing work furnish to City
a certified check or a surety bond, the form of the bond and surety
company to be approved by the City, in the amount of Fifty-Six
Thousand Eight Hundred Twenty Dollars ($56, 820. 00) , conditioned on
the performance by Contractor of all its duties hereunder.
Contractor shall prior to commencing work furnish to the City a
payment bond, the form of the bond to be approved by the City, in
the amount of Fifty-Six Thousand Eight Hundred Twenty Dollars
($56,820. 00) , to assure payment as required by law, of all persons
supplying labor and materials in the execution of the work provided
for in the Contract.
8. Contractor agrees to file with the City prior to
commencement of work, a certificate of insurance naming the City as
coinsured and showing that the Contractor has in force for a period
equal to the period of the contract a policy of general liability
insurance insuring Contractor against liability for personal
injuries and property damage arising out of the contract in a
minimum amount of $100, 000. 00 for injury or damage to any one
person and $1, 000, 000. 00 for injuries or damages received in any
one accident. Contractor agrees to provide and maintain during the
entire term of the contract and until final acceptance of the work
by the City, workers compensation insurance for all of its
employees at the site of the work.
9. PAYMENTS TO CONTRACTOR:
Payment for said improvements shall be made at the unit
price per unit bid by the Contractor, as set out in his Proposal,
which is attached hereto and made a part hereof; but the total
Contract price shall not exceed Fifty-Six Thousand Eight Hundred
Twenty Dollars ($56, 820. 00) .
A. At least ten (10) days before any progress payment
falls due (but not more often than twice a month) ,
the Contractor will submit to the Program Director
a partial payment estimate filled out and signed by
the Contractor covering the work performed during
the period covered by the partial payment estimate
and supported by notarized lien releases covering
all supplies, labor and/or Subcontractors used
during the period covered by the payment request.
The City may authorize a draw at ninety per cent
(90%) completion of the Work, with ten per cent
(10%) retainage withheld, or may make a single
payment upon completion. Lien releases will be
provided prior to any payment being made to the
Contractor. Payments will be made after the City
Council grants its approval.
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B. Upon completion and acceptance of the Work, the
Program Director shall issue a certificate attached
to the final payment request that the Work has been
accepted by him under the conditions of the
Contract Documents. The entire balance found to be
due the Contractor, including the retained
percentages, but except such sums as may be
lawfully retained by the City, shall be paid to the
Contractor within thirty (30) days of completion
and acceptance of the Work, if the Contractor has
provided all required lien releases and has signed
a Certification that all materials, laborers,
and/or Subcontractors have been paid in full.
C. The Contractor hereby indemnified and saves the
Owner or the Owner's agents harmless from all
claims growing out of the lawful demands of
subcontractors, laborers, workman, mechanics,
materialmen, and furnishers of machinery and parts
thereof, equipment, tools, and all supplies
incurred in the furtherance of the performance of
the Work. The Contractor shall, at the Owner's or
City's request, furnish satisfactory evidence that
all obligations of the nature designated above have
been paid, discharged, or waived. If the
Contractor fails to do so, the City may, after
having notified the Contractor, either pay unpaid
bills or withhold from the Contractor's unpaid
compensation a sum of money deemed reasonably
sufficient to pay any and all such lawful claims
until satisfactory evidence is furnished that all
liabilities have been fully discharged, whereupon
payment to the Contractor shall be resumed, in
accordance with the terms of the Contract
Documents, but in no event shall the provisions of
this sentence be construed to impose any
obligations upon the Owner to either the
Contractor, his surety, or any third party. In
paying any unpaid bills of the Contractor, any
payment so made by the City shall be considered as
a payment made under the Contract Documents by the
City to the Contractor, and the City shall not be
liable to the Contractor for any such payments made
in good faith.
10. Time is of the essence of this agreement and Contractor
agrees to begin working within ten (10) days after the date of this
contract and to complete the work within forty-five (45) days, and
in case the contract is not completed within this length of time,
excepting extensions granted to the Contractor for delays caused by
conditions beyond his control, Contractor will pay the City for
damages the sum of One Hundred Dollars ($100 . 00) per day for each
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day over forty-five (45) days it is required to complete the work
covered under this contract.
11. EQUAL EMPLOYMENT OPPORTUNITY, NONDISCRIMINATION, AND
MINORITY BUSINESS ENTERPRISE UTILIZATION:
A. The Contractor will not discriminate against any
employee or applicant for employment because of
race, color, religion, sex, 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 race, color, religion, sex, or national
origin. Such action shall include, but not be
limited to 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. The Contractor agrees to
post in conspicuous places, available to employees
and applicants for employment, notices to be
provided setting forth the provisions of this
nondiscrimination clause.
B. The Contractor will, in all solicitations or
advertisements for employees placed by or on behalf
of the Contractor, state that all qualified
applicants will receive consideration for
employment without regard to race, color, religion,
sex, or national origin.
C. The Contractor will send to each labor union or
representative of workers with which he has a
collective bargaining agreement or other contract
or understanding, a notice to be provided by the
Contract Compliance Officer advising the said labor
union or workers' representatives of the
Contractor's commitment under this section, and
shall post copies of the notice in conspicuous
places available to employees and applicants for
employment.
D. The Contractor will comply with all provisions of
Executive Order 11246 of September 24 , 1965, and of
the rules and 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 rules, regulations, and
orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books,
records, and accounts by the Department and the
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Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations,
and others.
F. In the event of the Contractor's noncompliance with
the nondiscrimination clauses of this Contract or
with any of the said rules, regulations, or orders,
this contract 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, or
as otherwise provided by law.
G. The Contractor will include the portion of the
sentence immediately preceding paragraph (A) and
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 Department may direct as a
means of enforcing such provisions, including
sanctions for noncompliance; provided, however,
that in the event a Contractor becomes involved in,
or is threatened with, litigation with a
subcontractor or vendor as a result of such
direction by the Department, the Contractor may
request the United States to enter into such
litigation to protect the interests of the United
States.
H. The Contractor will make affirmative efforts to
utilize minority business enterprises for suppliers
and subcontractors and will document his efforts to
the City.
12 . TRAINING AND EMPLOYMENT OF LOWER INCOME RESIDENTS OF
PROJECT AREA:
A. The work to be performed under this contract 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 requires 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
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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 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.
13 . Contractor shall not assign or sublet this contract or
any portion thereof without the prior written consent of the City.
14 . Failure of the City to insist in any one or more instance
on a strict performance of all of the terms or conditions of this
contract, or to exercise any right herein contained, shall not be
construed as a future waiver or a relinquishment of the provisions
or rights, but the same shall continue and remain in full force and
effect. None of the terms or conditions of this contract shall be
altered, waived, modified or abandoned in any manner except by
written instrument executed by both parties.
IN WITNESS WHEREOF, the parties have executed this agreement
at Cape Girardeau, Missouri, the day and year first above written.
CITY OF CAPE GIRARDEAU, MISSOURI
J. Ronald Fischer, City Manager
ATTEST:
Gayle L. Conrad
Deputy City Clerk
J. W. STRACK CONSTRUCTION
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BID FOR LTNIT PRICE CONTRACTS
Project: Demolition of 24 Flood Dama� Properties
Date: �/�� l�� l q4�
Proposal of � W ,S�Rack (hereinafter called (Bidder)* a
corporation organized and existing under the laws of the State of ,*
a partnership, or an individual doing business as S �JV, �t'2NC�C ( '�o n5�fuc�1��1 .
To the City of Cape Girardeau, Missouri, City Hall, 401 Independence Street, P. O. Box
617, Cape Girardeau, Missouri 63702-0617 (hereinafter called "Owner")
Gentlemen:
The Bidder, in compliance with your invitation for bids for the demolition and/or clean-
up of twenty-four (24) flood damaged properties, having examined the plans and specifications
with related documents and the site of the proposed work, and being familiar with all of the
conditions sunounding the proposed project including the availability of materials and labor,
hereby proposes to furnish all labor, materials, and supplies, and to complete the project in
accordance with the contract documents, within the time set forth therein, and at the prices stated
below. These prices are to cover all expenses incuned in performing the work required under
the contract documents, of which this proposal is a part.
Bidder hereby agrees to commence work under this contract on or before a date to be
specified in written "Notice to Proceed" of the Owner and to fully complete the project within
forty-five (45) consecutive calendar days thereafter as stipulated in the specifications. Bidder
further agrees to pay as liquidated damages, the sum of$ 100.00 for each consecutive calendar
day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. :
Bidder acknowledges receipt of the following addendum: ' `
Addendum No. Addendum Date
I 5�� s - IQa �
* Insert corporation, partnership, or individual as applicable.
BF-1
Bidder agrees to perform all the work described in the specifications and as shown on
the plans, for the following unit prices:
Total
Estimated Unit Estimated
Item uantit Price Price
RED STAR AREA
1. 1008 North Spanish Street Lump Sum -1--- $ �'�
2. 1015 North Spanish Street Lump Sum -�--- $ la 5L�
3. 1016 North Spanish Street Lump Sum -�--- $ � q
4. 1109 North Main Street Lump Sum -�--- $,��
5. 1111 North Main Street Lump Sum -�-- $ f�50
6. 1117 North Main Street Lump Sum -�--- $ 540
7. 1121 North Main Street Lump Sum -1--- $ a� �q0
8. 1010 North Main Street Lump Sum -1--- $ 0��0�
9. 1111 North Water Street Lump Sum -1--- $ �'T
10. 1113 North Water Street Lump Sum --�--- $ a��
11. 1408 North Water Street Lump Sum -1--- $ 3�T
12. 935 Chestnut Street Lump Sum -1--- $ a.�
HIGHWAY 177
13. East side of Highway 177,
North of Wildlife Sanctuary,
Yellow Aluminum Siding House Lump Sum -�--- $ �� �05 D
SMELTERVILLE
14. 624 Vine Street Lump Sum �---- $ SO
15. 626 Vine Street Lump Sum -1--- i �-�Q5Z�
� 16. 628 Vine Street Lump Sum -1--- $ a,�
17. 2000 South Sprigg Street Lump Sum -�-- $ a 50
18. 2012 South Sprigg Street Lump Sum -�-- $ 3,� OJO
19. Pecan Street (White
Concrete Block Church) Lump Sum -�-- $3� /Oa
BF-2
20. 603 Beech Street Lump Sum -'�'- $ s��
21. 602 Poplar Street Lump Sum -�--- $ �_
22. 604 Poplar Street Lump Sum -�--- $ ��
23. 616 Poplar Street Lump Sum '''- $ Q��
24. 603 Pine Street Lump Sum --�-- $ ��,�Q
TOTAL OF BID ����
(use words)
(Total amount is to be shown in both words and figures. In case of discrepancy, the
amount shown in words will govern.)
The above unit prices shall include all labor, materials, bailing, shoring, removal,
overhead, profit, insurance, etc., to cover the finished work of the kinds called for.
Bidder understands that the Owner reserves the right to reject any or all bids and to
waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of
30 calendar days after the scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder will execute the
formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by
Paragraph 29 of the General Conditions. The bid security attached in the sum of ($�_)
7Wo fheasavr�etg/rf�tiun�i�-�or�y-One o�illftrS, is to become the property of the Owner in the event the
contract and bond are not executed within the time above set forth, as liquidated damages for
the delay and additional expense to the Owner caused thereby.
t �-
BF-3
IF BIDDER IS:
An Individual
By: _�V l�S-�rac1L
(Individual's Name)
doing business as �� w �T�"a�-l� [.OnSfYUG71oV�
Business address: ���7 �Yydi��� /G4
�.e �'��rarc�a,cc, m8 lR3�D/
Phone No.: 1-31� ) 3� 7��`1'
A Partnershin
By:
(Firm Name)
(general partner)
Business address:
Phone No.:
A Corporation
By:
(Corporation Name)
t �-
' (state of incorporation)
By:
(name of person authorized to sign)
(Title)
BF-4
(Corporate Seal)
Attest:
(Secretary)
Business address:
Phone No.:
Date of Qualification to do business is
A Joint Venture
By: (SEAL)
(Name)
(Address)
By: (SEAL)
(Name)
(Address)
Phone Number and Address for receipt of official communications
(F,ach joint venturer must sign. The manner of signing for each individual, partnership,
and corporation that is a party to the joint venture should be in the manner indicated
above.) � j-
BF-5
Appendix 1
SUMMARY OF CZVIL RIGHTS LAWS EXECIITIVE ORDERS AND REGU7.ATZONS
CDBG qranteea muet assure that all project activities will be administered in
compliaace afth all civil riqhts laws and requlatione. The followinq are
sumcaaries of those parts of the civil riqhts laws and requlatione applicable to
CDBG aCtivitiea.
Title VI of the Civil Riahta Act of 1964 provides that no peraon in the United
States ahall, on the qround of race, color, or national oriqin, be excluded from
participatioa in, be denied benefits of, or be subjected to diecrimination under
any proqram or activity receivinq Federal financial assietance.
Title VIZI of the Civil Riahts Act of 1968, as amended.
Title VZZI of the Civil Riqhta Act of 1968 provides that no person shall, on the
baeis of aace, color, reliqion, national oriqin, handicap or familial etatua, be
discrisninated aqainst in housinq (and related facilities) provided with Federal
assistance or lendinq practices with respect to residential property when such
practicea are connected with loans insured or quaranteed by the Federal
Government:
Section 109 Houaina and Communitv Develotxnent Act of 1974, as amended, provides
that no person in the United Statea ehall, on the qround of race, color,
reliqion and zeliqious affiliation, national oriqin, or sex be excluded from
participation in, be denied the benefits of, or be subjected to diecrimination
under any proqram or activity funded in whole or in part with funde made
available under Title Z of the Housinq and Community Development Act of 1974.
Section 3 of the Housinc and Urban Develoixnent Act of 1968, aa amended, provides
that, to the qreatest exteat feasible, opportunities for traininq and employment
shall be qiven to lower-incocne residenta of the unit of local qovernment or the
metropolitan area (or non-cnetropolitan �ounty) in which the project ia located; '
contract work in connection with such projecta ehall be awarded to hue�nese
concerne which are located in, or which are owned in eubstantial pazt by persons
residinq in the same metropolitan area (or non-metropolitan county) as the
project.
Section 503 of Rehabilitation Act of 1973, as amended, providee for the
nondiscrimination in contractor employment. All recipienta of Federal funds
must certify to the following through all contracta iaeued:
Affirmative Action for Handica�ped workers
~ (a) The contractor will not discriminate against any employee or
6-10 '
regard to any position for which the employee or applicant for
employment ia qualified. The contractor agreea to take affirmative
action to employ, advance in employment and otherwiae treat qualified
handicapped individuala without discrimination based upon their
phyaical or mental handicap in all employment practices such ae the
followinq: Employment upgradinq, demotion or transfer, recruitment,
advertisinq, layoff or termination, ratea of pay or other forms of
compensation, and. selection for traininq, includinq apprenticeahip.
(b) The contractor agreea to comply with the rules, requlationa, and
relevant orders of the Secretary of Labor iesued pureuant to the Act.
(c) In the event of the contractor's noncompliance with the
requirements of thia clause, actione 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 aqreee to poet in conspicuoua places, available to
employees and applicants for employment, notices in a form to be
prescribed by the Director, provided by or throuqh the contractinq
officer. Such notices ehall state the contractor's obligation under
the law to take affirmative action to employ and advance in employment
qualified handicapped employeee and applicanta for employment, and the
riqhts of applicants and employees.
(e) The contractor will notify each labor union or repreaentative of
workere with which it has a col2ective bargaininq aqreement or other
contract understandinq, that the contractor is bound by the terms of
Section 503 of the Rehabilitation Act of 1973, and ie committed to
take affirmative action to employ and advance in employment phyeically
and mentally handicapped individuals.
(f) The contractor will include the provisions of this clauae in every
subcontract or purchaae order of 52,500 or more unless exempted by
rules, requlationa, or orders of the Secretary iasued pureuant to
Section 503 of the Act, eo that euch provisions will be bfndinq upon
each eubcontractor or vendor. The contractor will take such action
with respect to any subcontractor or purchaee order as the Director of
the Office of Federal Contract Compliance Proqrama may direct to
enforce such provisions, includinq action for noncompliar�ce.
Section 504 of the Rehabilitation Act of 1973, as amended, providee for
nondiacrimination of an otherwiae qualified individual solely on the basie of
hie/her handicap in benefiting from any proqram or activity receivinq Federal
financial assietance. R11 recipients muat certify to compliance with all
provieione of this Section.
• 6-11
Aqe Discrimination Act of 1975
No person in the United States shall, on the basia of age, be excluded from
participation in, be denied the benefite of, or be subjected to diecritnination
under, any proqram or activity receivinq Federal financial sesietance.
Executive Order 11063, as amended, All departmente and agencies are
directed to take all action neceseary and approprfate to prevant discriiaination
in houeinq and related facilities owned or operated by the Pederal Government or
provided with Federal financial aeeiatance and in the lending practices with
respect to reeidential property and related facilities (includinq land to be
developed for reBidential uee) of lendinq inetitutiona, insofar as such
practices relate to loans ineured or quaranteed by the Federal Government.
Executive Order 11246, as amended, providee that no person ahall be
diacriminated aqainst on the baeis of race, color, reliqion, eex, or national
oriqin in any phase of employment durinq the performance of Federal or �
federally-asaisted construction contracts in excese of 510,000. The followinq
civil riqhts requirementa also apply to CDBG qranteee performance: Grantees
ehall comply with Executive Order 11246, aa amended by Executive Order 12086,
and the requlationa issued pursuant thereto (41 CFR Chapter 60) which provide
that no peraon shall be diacriminated agaiaet on the basis of race, color,
religion, sex, or national oriqin in all phases of .employment during the
performance of Federal or federally aesisted construction contracte. As
specified in Executive Order 11246 and the i.mplementing regulations, contractora
and subcontractors on Federal or federally assisted construction contracts ehall
take affirmative action to enaure fair treatment in employment, upqradinq,
demotion or transfer, recruitment or recruitment advertiainq, layoff or
termination, ratea of pay, or other forms of compensation and selection for
traininq and apprenticeehip.
Section 106(d) (51 (B) of Title I of the Housinv Communitv Develo�cnent Act of '
1974, as amended, provides that the qrantee will affirmatively further fair
housinq.
s-
Section 519 of Public Law 101-144 (the 1990 HUD Ao�ropriations Actl =equires
each unit of qeneral local qovernmeat which .receives Title I funde to adopt and
enforce a policy prohibitinq the uae of excessive force by laW enforcement
aqenciee within its juriadiction against any individuals enqaqed in nonviolent
civil riqhte demonstratione.
Section 906 of the Cranston-Gonzales National Affordable Houainc Act amended
subaection 104{1) to the HCD Act. The proviaion atates that no CDBG funda may
be obliqated or expended to any unit of qeneral local qovernment that fails to
6-12
. adopt and enforce a policy of prohibiti�g the use of exceeeive force by law
enforcement agencies within ite jurisdiction aqainat any individuale enqaqed in
nonviolent civil riqhts demonstrations; or fails to adopt and enforce a policy
of enforcing applicable state and local laws aqainst physically barrinq entrance
to or exit from a facility or location which ia the subject of such non-violent
civil righta demonatration within its jurisdiction.
Unlike a aimilar prohibition in the FY 1990 Appropriation Act, (shown above) ,
the amendment clearly applies to all units of qeneral local government,
includinq counties. The new certification has been reviaed conaietent with
Section 104(1) .
Section 912 of the Cranston-Gonzales National Affordable Houaina Act amended
Section 109(a) of the HCD Act to prohibit discrimination on the basia of
reliqion or reliqioua affiliation.
s-
6-13 •