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<br />8.. The State will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property
<br />Acquisition Policies Act of 1970 (P L 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures
<br />implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been complied
<br />with for property to be developed with assistance under the project agreement.
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<br />9. The State will comply with the provisions of Executive Order 1198B, relating to evaluation of flood hazards, Executive
<br />Order 1128B, relating to the prevention control, and abatement or water pollution, and Executive Order 11990 relating
<br />to the protection of wetlands
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<br />10. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
<br />1973, Public Law 93-234, B7 Stat. 975, approved December 31, 1976 Section 102(a) requires, on and after March 2,
<br />1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of
<br />any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by
<br />the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase
<br />"Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
<br />assistance loan or grant, or any other form of direct or indirect Federal assistance
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<br />The State will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
<br />accomplishment of the project are not I isted on the Environmental Protection Agency's (EPA) list of Violating Facilities,
<br />pursuant to 40 CFR, Part 15.20 and that it will notify the HCRS of the receipt of any communication from the Director
<br />of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for
<br />listing by the EPA. The State agrees to comply with all applicable standards, orders, or regulations issued pursuant to the
<br />Clean Air Act of 1970. The State further agrees to insert this clause into any contract or subcontract in excess of
<br />$100,000
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<br />12. It will assist the HCRS in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended
<br />(16 U.S.C 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C 469a-1
<br />et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to
<br />identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects
<br />(see 36 CFR Part BOO.B) by the activity, and notifying the Federal grantor agency of the existence of any such properties,
<br />and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects
<br />upon such properties.
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<br />D Construction Contracted for by the State Shall Meet the Following Requirements:
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<br />Contracts for construction in excess of $10,000 shall be awarded through a process of competitive bidding involving
<br />formal advertising, with adequate purchase description, sealed bids, and public openings Copies of all advertisements,
<br />bids, and a copy of the contract shall be retained for inspection by the Director
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<br />2. The State shall inform all bidders on contracts for construction that Federal funds are being used to assist in construction
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<br />3. Written change orders shall be issued for all necessary changes in the facility being constructed under contracts of
<br />$10,000 or more. Such change orders shall be made a part of the project file and should be kept available for audit.
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<br />4 Contracts for construction shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C.
<br />B74) as supplemented by Department of Labor regulations (29 CFR, Part 3)
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<br />5.
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<br />The State will comply with other procurement standards of OMB Circular A-l02, Attachment 0, except for provisions
<br />related to compliance with Davis Bacon Act requirements (unless required by a program providing supplemental funding.)
<br />Should supplemental funding be provided which requires compliance with Davis Bacon Act requirements, all construction
<br />contracts awarded by the grantee and subgrantee in excess of $2,000 shall include a provision for compliance with such
<br />Act (40 U.S C, 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR, Part 5).
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<br />6.
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<br />The State shall incorporate, or cause to be incorporated, into all construction contracts exceeding $10,000 (ten
<br />thousand), the following provisions
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<br />"During the performance of this contract, the contractor agrees as follows
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<br />"(1) The contractor will not discriminate against any employee or applicant for employment because of race, religion,
<br />color, sex, or national origin The contractor will take affirmative action to ensure that applicants are employed and that
<br />employees are treated during employment, without regard to their race creed, color, or national origin Such action shall
<br />include, but not be limited to, the following employment, upgrading, demotion or transfer; recruitment or recruitment
<br />advertising; layoff or termination, rates of payor other forms of compensation, and selection for training, including
<br />apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for
<br />employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination
<br />clause
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<br />"(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
<br />state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or
<br />national origin
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<br />"(3) The contractor will send to each labor union or representative or 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 the
<br />labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No, 11246
<br />as amended (3CFR 169 (1974)), and shall post copies of notices in conspicuous places available to employees and
<br />applicants for employment.
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<br />"(4) 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
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<br />SHEET 2
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