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<br /> 9. The Participant will assist the Department in its compliance with Section 106 of the
<br /> National Historic Preservation Act of 1966 and the Archeological and Historic Preser-
<br /> vation Act of 1966 by
<br /> (a) consulting with the Texas Historical Commission on the conduct of
<br /> investigations, as necessary, to identify properties listed in or
<br /> eligible for inclusion in the National Register of Historic Places
<br /> that are subject to affects by the activity, and to notify the
<br /> Department of the existence of any such properties, and by
<br /> (b) complying with all requirements established by the Department to avoid or
<br /> mitigate adverse affects upon such properties.
<br />D. Construction Contracted for by the Participant Shall Meet the Following Requirements:
<br /> 1. Contracts for construction in excess of $5,000 shall be awarded through a process
<br /> of competitive bidding involving formal advertising, with adequate purchase
<br /> description, sealed bids, and public openings. Copies of all advertisements, bids
<br /> and a copy of the contract shall be provided the Director.
<br /> 2. The Participant shall inform all bidders on contracts for construction that Program
<br /> Funds are being used to assist in construction.
<br /> 3. Written change orders shall be issued for all necessary changes in the facility
<br /> being constructed. Such change orders shall be submitted to the Department for
<br /> review and, if approved, shall be made a part of the project file and should be
<br /> kept available for audit.
<br /> 4. Contracts for construction shall include a provision for compliance with the
<br /> Copeland "Anti-kickback" Act (18 U.S.C. 874) as supplemented by'Department of
<br /> Labor regulations (29 CFR, Part 3).
<br /> 5. The Participant shall incorporate, or cause to be incorporated, into all construction
<br /> contracts the following provisions:
<br /> During the performance of this contract, the contractor agrees as follows:
<br /> "(1) The contractor will not discriminate against any employee or applicant
<br /> for employment because of race, religion, color, sex, or national origin.
<br /> The contractor will take affirmative action to ensure that applicants
<br /> are employed, and that employees are treated during employment, without
<br /> regard to their race, religion, color, sex or national origin. Such
<br /> action shall include, but not be limited to, the following: employment,
<br /> upgrading, demotion or transfer; recruitment or recruitment advertising;
<br /> layoff or termination; rates of payor other forms of compensation; and
<br /> selection of training, including apprenticeship. The contractor agrees
<br /> to post in conspicuous places, available to employees and applicants
<br /> for employment, notices to be provideå by the contracting officer setting
<br /> forth the provisions of the nondiscrimination clause."
<br /> "(2) The Contractor will, in all solicitations or advertisements for employees
<br /> placed by or on behalf of the contractor, state that all qualified applicants
<br /> will receive consideration for employment without regard to race, religion.
<br /> color, sex, or national origin."
<br /> "(3) The contractor will send to each labor union or representative of workers
<br /> withwhich he has a collective bargaining agreement or other contract or
<br /> understanding, a notice, to be provided by the agency contracting officer,
<br /> advising the labor union or worker's representative of the contractor's
<br /> commitments under Section 202 of Executive Order No. 11246, as amended
<br /> (3 CFR 169 (1974), and shall post copies of notices in conspicuous places
<br /> available to employees and applicants for employment."
<br /> "( 4) The contractor will comply with all provisions of Executive Order No. 11246,
<br /> as amended, and the rules, regulations, and relevant orders of the Secretary
<br /> of Labor."
<br /> "(5) The contractor will furnish all information and reports required by Executive
<br /> Order No. 11246, as amended. and by the rules, regulations, and order of the
<br /> 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
<br /> for purposes of investigation to ascertain compliance with such rules, regulations,
<br /> and orders."
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