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TEXAS RECREATION & PARKS ACCOUNT
<br />LAND AND WATER CONSERVATION FUND - GENERAL PROVISIONS-Continued
<br />D. Construction
<br />Construction by the sponsor shall meet the following requirements:
<br />1. Contracts for construction must be in compliance with the Local Government Code
<br />(htt?://tlo2.tlc.state.tx.us/statutes/lg.toc.htm) Chapter 252 (for municipalities), Chapter 262 (for counties), and Chapter
<br />375 (for municipal utility districts). Copies of all advertisements, bids and a copy of the contract shall be provided to the
<br />Department.
<br />2. The sponsor shall inform all bidders on contracts for construction that program funds are being used to assist in
<br />construction.
<br />3. Written change orders shall be issued for all necessary changes in the facility being constructed. Such change orders
<br />shall be submitted to the Department for review and, if approved, shall be made a part of the project file and should be
<br />kept available for audit.
<br />4. The sponsor shall incorporate, or cause to be incorporated, into all construction contracts the following provisions:
<br />During the performance of this contract, the contractor agrees as follows:
<br />(a) The contractor will not discriminate against any employee or applicant for employment because of race, religion,
<br />color, gender, or national origin. The contractor will take affirmative action to ensure that applicants are employed,
<br />and that employees are treated during employment without regard to their race, religion, color, gender or national
<br />origin.
<br />(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state
<br />that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or
<br />national origin.
<br />(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining
<br />agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising
<br />the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No.
<br />11246, as amended (3 CFR 169 (1974), and shall post copies of notices in conspicuous places available to
<br />employees and applicants for employment.
<br />(d) The contractor will comply with all provisions of Executive Order No. 11246, as amended, and the rules, regulations,
<br />and relevant orders of the Secretary of Labor.
<br />(e) The contractor will furnish all information and reports required by Executive Order No, 11246, as amended, and by
<br />the rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books,
<br />records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to
<br />ascertain compliance with such rules, regulations, and orders.
<br />(f) In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of
<br />such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and
<br />the contractor may be declared ineligible for further government contracts in accordance with procedures authorized
<br />in Executive Order No. 11246, as amended, and such other sanctions may be imposed and remedies invoked as
<br />provided in Executive Order 11246, as amended, or by rule, regulations, or order of the Secretary of Labor, or as
<br />otherwise provided by law.
<br />(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless
<br />exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
<br />Order No. 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The
<br />contract will take such action with respect to any subcontract or purchase order as the contracting agency may direct
<br />as means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event
<br />the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
<br />direction by the contracting agency, the contractor may request the United States to enter into such litigation to
<br />protect the interests of the United States.
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