CTR055969_Amendment___1_-_Contract_-_Bilateral_Federal_Requirements_-_signed.pdf

Douglas A. Ducey Governor

Southern

Regional Office

400 West

Congress Street

Suite 433

Tucson, AZ

85701

(520) 628-6733

Misael Cabrera Director

Southern

Regional Office

400 West

Congress Street

Suite 433

Tucson, AZ

85701

(520) 628-6733

Main Office

1110 West Washington Street • Phoenix, AZ 85007

(602) 771-2300

Southern Regional Office

400 West Congress Street • Suite 433 • Tucson, AZ

85701

(520) 628-6733

September 8, 2022

Clear Creek Associates, LLC

6155 E. Indian School Rd.

Scottsdale, AZ 85251 lbartlett@clearcreekassociates.com

Re: Contract No. CTR055969

Statewide Assessment and Remediation of Hazardous or Regulated Substances or Materials

Dear Ms. Bartlett, The above referenced Amendment is attached for your review. Please sign and return via email.

Once executed, a copy can be obtained through Arizona Procurement Portal (APP) eProcurement

System for your records.

If you have any questions regarding this Amendment, please contact Patricia Lorenzen at

Lorenzen.patricia@azdeq.gov or 602-771-4776.

Sincerely, Patricia Lorenzen, CPPB

Procurement Officer

Form approved by CPO, Rev. 12-18-2018

CONTRACT AMENDMENT

CONTRACT NO.:

AMENDMENT NO.:

TITLE:

CONTRACTOR:

CTR055969

NO. 1

Statewide Assessment and Remediation of Hazardous or

Regulated Substances or Materials

ADEQ PROCUREMENT

1110 W. Washington Street

Phoenix, AZ 85007

602-771-4776

THE PURPOSE OF THIS AMENDMENT IS TO: Additional Regulation Requirements to Scope of Work

1. Include Arizona Revised Statutes Title 27: Minerals, Oil and Gas

a. Chapter 4 Oil and Gas

2. Include Arizona Administrative Code Title 12, Chapter 7

a. R12-7-126 Application to Plug and Abandon

b. R12-7-127 Plugging Methods and Procedures

3. Include required Federal language

a. A.R.S. 41-2637

a. If a procurement involves the expenditure of federal assistance or contract monies, the director shall comply with federal law and authorized regulations which are mandatorily applicable and which are not presently reflected in this chapter.

b. For any federally funded projects, supplier shall comply with Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act

(“the Act”). Pub. L. No. 117-58, §§ 70901-52.

See Exhibit A

c. Other Statutes and Regulation Requirements

See Exhibit B

d. There are two primary laws on which the SHPO aids federal and state agencies; these statutes are:

i. 1) the National Historic Preservation Act (NHPA; 54 U.S.C. 300101), and specifically

Section 106 of the NHPA (54 U.S.C. 306108) as implemented through the regulations of the Advisory Council on Historic Preservation (ACHP) at 36 CFR Part 800; and,

ii. 2) the State Historic Preservation Act (State Act; A.R.S. 41-861 et seq).

4. All other Terms and Conditions remain unchanged.

ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY

The Contractor hereby acknowledges receipt and understanding of the above Amendment.

The above referenced contract Amendment is hereby executed this day at Phoenix, Arizona.

Day of

Signature of Authorized Individual Date

Typed or Printed Name and Title Susan Holt

Sr. Procurement Specialist Available online at Arizona Procurement Portal (APP) eProcurement System https://app.az.gov Page 1

Lori Bartlett (Sep 8, 2022 10:08 PDT) Lori Bartlett

Sep 8, 2022

Lori Bartlett Principal

September8th https://app.az.gov/ https://azdeqsign.na1.echosign.com/verifier?tx=CBJCHBCAABAAELLy9QBzSZR-M2dmijmTH5k-P6WD2M4z https://azdeqsign.na1.echosign.com/verifier?tx=CBJCHBCAABAAELLy9QBzSZR-M2dmijmTH5k-P6WD2M4z

EXHIBIT A

Buy America Domestic Procurement Preference:

As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure

Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program.

Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:

1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

2. all manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

3. all construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States.

The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project.

For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica.

Additional information can also be found at the White House Made in America Office website:

www.whitehouse.gov/omb/management/made-in-america/.

Waivers

When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies:

http://www.doi.gov/grants/BuyAmerica http://www.whitehouse.gov/omb/management/made-in-america/ http://www.doi.gov/grants/BuyAmerica http://www.whitehouse.gov/omb/management/made-in-america/

1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality;

2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or

3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest.

There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at: www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials.

If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request. Waiver requests will be posted to www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days.

Waiver requests will also be reviewed by the Made in America Office.

1. Type of waiver requested (non-availability, unreasonable cost, or public interest).

2. Requesting entity and Unique Entity Identifier (UEI) submitting the request.

3. Department oflnterior Bureau or Office who issued the award.

4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of Award)

5. Financial assistance title of project (reference block 8 on DOI Notice of Award).

6. Federal Award Identification Number (FAIN).

7. Federal funding amount (reference block 11.m. on DO Notice of Award).

8. Total cost oflnfrastructure expenditures (includes federal and non-federal funds to the extent known).

9. Infrastructure project description(s) and location(s) (to the extent known).

10. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code for each.

11. A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.

12. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America-compliant bids received in response to a solicitation.

13. Anticipated impact if no waiver is issued.

Approved waivers will be posted at www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their waiver request determination by an awarding officer.

http://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers http://www.doi.gov/grants/buyamerica http://www.doi.gov/grants/BuyAmerica/ApprovedWaivers%3B http://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers http://www.doi.gov/grants/buyamerica http://www.doi.gov/grants/BuyAmerica/ApprovedWaivers%3B

Questions pertaining to waivers should be directed to the financial assistance awarding officer.

Definitions

"Construction materials" includes an article, material, or supply that is or consists primarily of:

• non-ferrous metals;

• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);

• glass (including optic glass);

• lumber; or

• drywall.

"Construction Materials" does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives.

"Domestic content procurement preference'' means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States.

"Infrastructure" includes, at a minimum, the structures, facilities, and equipment for, in the United

States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.

"Project" means the construction, alteration, maintenance, or repair of infrastructure in the United States

DOI-Office of Grants Management

Exhibit B

V. OTHER STATUTE AND REGULATION REQUIREMENTS

Pub. L. 116-6 Representation and Certifications by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction - As required by the provisions contained in the Consolidated

Appropriations Act, 2019 sections 744 and 745, regarding unpaid federal tax liabilities and federal felony convictions. The DOI will not enter into a contract, cooperative agreement, grant, loan, or memorandum of understanding with any corporation that- (1) has any unpaid Federal tax liability currently assessed, for which all judicial and administrative remedies have been exhausted or have lapsed. Also, the tax liability is not being paid promptly under an agreement with the authority responsible for collection. Whereby the DOI is aware of the unpaid tax liability unless an agency has considered suspension or debarment of the corporation and decided that suspension or debarment is not necessary to protect the interests of the DOI. Or (2) was convicted of a felony criminal violation under any federal law within the preceding twenty-four (24) months preceding the award, where the DOI is aware of the conviction unless the DOI has considered suspension or debarment of the for-profit or non-profit and decided that this action is not necessary to protect the interests of the DOI. To comply with these provisions, only applicants that are or propose to be a corporation will submit a response to the representation and certifications as part of their pre application. Applicants who do not furnish such information as may be requested by the contracting or financial assistance awarding officer shall be allowed to remedy the deficiency. Failure to provide an acceptable response may render the applicant ineligible to receive an award under this announcement or recover any funds the recipient has spent in violation of the above cited statutory prov1s1ons.

41 U.S.C. part 4712 Enhancement of Recipient and Subrecipient Employee Whistleblower

Protection - Applies to all awards over the simplified acquisition threshold (currently $250,000).

41 U.S.C. part 6306 Prohibition on Members of Congress Making Contracts with Federal

Government - No member of or delegate to the United States Congress or Resident Commissioner shall be admitted to any share or part of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public's general benefit.

Section 743 of Division E Title VII of Pub. L. 113-235 Prohibition on Issuing Financial Assistance

Awards to Entities that Require Certain Internal Confidentiality Agreements

42 U.S.C. part 2000(d) Title VI of the Civil Rights Act of 1964, and the DOI implementing regulations published at 43 C.F.R. part 17 and Special Regulations at 43 C.F.R. part 4.800 prohibiting discrimination on the grounds of race, color, or national origin under programs or activities receiving Federal financial assistance.

20 U.S.C. part 1681 Title IX of the Education Amendments of 1972, and DOI implementing regulations published at 43 C.F.R. part 41.100 prohibiting discrimination on the basis of sex in

Federally assisted education programs or activities.

42 U.S.C. part 12101 The Americans with Disabilities Act of 1990 - Prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by State and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation.

Section 504 of the Rehabilitation Act of 1973, as amended 29 U.S.C. part 794, and the DOI implementing regulations published at 43 C.F.R. part 17 subpart B prohibiting discrimination on the basis of handicap under any program or activity receiving or benefiting from Federal financial assistance.

41 C.F.R. parts 101-19.6 Accessibility Standards - For purposes of complying with the standards set forth in non-federal entities must adhere to the regulations, published by the U.S. Department of Justice, implementing Title II of the Americans with Disabilities Act (ADA) 28 C.F.R. part 35;

and Title III of the ADA 28 C.F.R. part 36. The revised regulations adopted new enforceable accessibility standards called the "2010 ADA Standards for Accessible Design," which replace and supersede the former Uniform Federal Accessibility Standards for new construction and alteration projects.

42 U.S.C part 6101 The Age Discrimination Act of 1975, and DOI implementing regulations published at 43 C.F.R. parts 17.300-17.339 unless an exception applies in 43 C.F.R. part 17.302, the rule prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance.

42 U.S.C. part 2000(e) Title VII of the Civil Rights Act of 1964 - Generally prohibits employers from discriminating against employees on the basis of religion. Title VII prohibits discriminatory treatment of employees on the basis of their religious beliefs and requires employers to make reasonable accommodations for employees' religious practices. Religious organizations, however, may be exempt from some of the prohibitions of Title VII.

49 U.S.C. part 40118 Fly American Act - Federal travelers are required to use U.S. air carrier service for all air travel and cargo transportation services funded by the U.S. government. One exception to this requirement is transportation provided under a bilateral or multilateral air transport agreement, to which the U.S. government and the government of a foreign country are parties, and which the Department of Transportation has determined meets the requirements of the Fly America

Act. The U.S. government has entered into several air transport agreements that allow federal funded transportation services for travel and cargo movements to use foreign air carriers under certain circumstances. There are currently bilateral/multilateral "Open Skies Agreements" (U.S.

Government Procured Transportation) in effect:

• U.S. Government and the European Union (EU) effective April 30, 2007

• U.S. - EU Amendment effective June 24, 2010

• U.S. - EU Amendment effective June 21, 2011

• U.S. - Australia Open Skies Agreement effective October 1, 2008

• U.S. - Switzerland Transport Agreement effective October 1, 2008

• U. S. and Japan effective October 1, 2011

Homeland Security Presidential Directive (HSPD) 12 - The subrecipient or contractor must comply with personal identity verification procedures identified in the subaward or contract that implement

Homeland Security Presidential Directive 12 (HSPD-12), Office of Management and Budget

(0MB) Guidance M-05-24, as amended, and Federal Information Processing Standards Publication

(FIPS PUB) Number 201, as amended, for all employees under this subaward or contract who require routine physical access to a Federally-controlled facility or routine access to a Federally controlled information system. The subrecipient or contractor must account for all forms of

Government-provided identification issued to the subrecipient or contractor employees in connection with performance under this subaward or contract. The subrecipient or contractor must return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined: (1) When no longer needed for subaward or contract performance; (2) Upon completion of the subrecipient or contractor employee's employment; (3) Upon subaward or contract completion or termination.

54 U.S. Code part 312502 The Historical and Archeological Data Preservation Act of 1974

Requiring appropriate surveys and preservation efforts if a Federally-licensed project may cause irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data.

Executive Order No. 11,988, 1977 Floodplain Management and Executive Order No. 11,990, 1977

Protection of Wetlands - Non-Federal entities must identify proposed actions in federally defined floodplains and wetlands to enable DOI to make a determination whether there is an alternative to minimize any potential harm.

Executive Order No. 11,246, 1965 Equal Employment Opportunity - Requires federally assisted construction contracts to include the nondiscrimination provisions of parts 202 and 203 of

Executive Order No. 11,246 and Department of Labor regulations implementing at 41 C.F.R. part

60-l.4(b).

Executive Order No. 12,432. 1983 Minority Business Enterprise Development-Encourages recipients to utilize minority business enterprises in the performance of the award. When contracting for any supplies, services, research, or construction under the award, the recipients must make their best efforts to solicit bids, proposals, or quotations from minority business enterprises.

A minority business enterprise is defined as a business that is at least 51 percent owned by one or more minority individuals, or in the case of any publicly owned business, at least 51 percent of the voting stock is owned by one or more minority individuals. The daily business operations are likewise managed by a minority owner. A minority individual is defined as a U.S. citizen who has been subjected to racial or ethnic prejudice or cultural bias because of his or her identity as a member of this group without regard to his or her individual qualities. Such groups include, but are not limited to: Black [African] Americans, Hispanic Americans, Native Americans, and Asian

Pacific Americans.

Executive Order No. 13,043, 1997 Increasing Seat Belt Use in the United States - Non-Federal entities are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees and contractors when operating company-owned, rented, or personally owned vehicles.

Individuals are encouraged to use seat belts while driving in connection with award activities.

Executive Order No. 13,166, 2000 Improving Access to Services for Persons with Limited English

Proficiency-Requires Federal agencies to examine the services provided, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them. Title VI prohibition against national origin discrimination affecting LEP persons and to help ensure that non-Federal entities provide meaningful access to their LEP applicants and beneficiaries.

Executive Order No. 13,513, 2009 Federal Leadership on Reducing Text Messaging While Driving

Non-Federal entities are encouraged to adopt and enforce policies that ban text messaging while driving company-owned, government-rented vehicles or while driving privately-owned vehicles in connection with award activities.

Executive Order No. 13,798, 2017 Promoting Free Speech and Religious Liberty -The order was issued to protect and promote free and open debate on college and university college campuses. Its application is for colleges and universities to follow their existing obligation to follow the Free

Speech provisions of the Constitution.

VI. REQUIREMENTS RELATED TO ENVIRONMENTAL PROJECTS

Recipients of financial assistance under this award must comply with the following: Pub. L. No.

89-544 Laboratory Animal Welfare Act of 1966; and 7 U.S.C. part 2131 as pertains to animal acquisition, transport, care, handling, and use in projects, and the implementing regulations. 9

C.F.R. parts 1-3; 16 U.S.C. part 1531 The Endangered Species Act; 16 U.S.C. part 1361 The Marine

Mammal Protection Act prohibits "taking possession of, transport, purchase, sale, export or import of wildlife and plants." 16 U.S.C. part 4701 The Non-indigenous Aquatic Nuisance Prevention and

Control Act, which "ensure[s] preventive measures are taken or that probable harm of using species is minimal if there is an escape or release;" and all other applicable statutes pertaining to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by Federal financial assistance.

42 U.S.C. part 4321 The National Environmental Policy Act - NEPA establishes protection of the environment as a national priority and mandates that environmental impacts must be considered before any federal action likely to significantly affect the environment is undertaken.

42 U.S.C. part 7401 Clean Air Act, 33 U.S.C. part 1251 Clean Water Act, and Executive Order No.

11,738 Providing for administration of the Clean Air Act and the Federal Water Pollution Control

Act with respect to Federal contracts and financial assistance.

42 U.S.C. part 4002 The Flood Disaster Protection Act -Requires that projects receiving federal assistance and located in an area identified by the Federal Emergency Management Agency

(FEMA) as being within a Special Flood Hazard Areas (SFHA) be covered by flood insurance under the National Flood Insurance Program (NFIP). This term does not apply to formula financial assistance to States.

16 U.S.C. part 1531 The Endangered Species Act -Ensures that actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species. The law also prohibits any action that causes a "taking" of any listed species of endangered fish or wildlife.

Likewise, import, export, interstate, and foreign commerce of listed species are all generally prohibited.

16 U.S.C. part 1451 The Coastal Zone Management Act-Directs coastal states to develop and implement coastal zone management plans. If a state or territory chooses to develop a coastal zone management program and the program is approved, the state or territory (1) becomes eligible for several federal financial assistance and (2) can perform reviews of federal agency actions in coastal areas (known as federal consistency determination reviews).

16 U.S.C. part 3501 The Coastal Barriers Resources Act-Only in certain circumstances can Federal funding be provided for actions within a Coastal Barrier System.

16 U.S.C. part 1271 The Wild and Scenic Rivers Act-Applies to awards that may affect existing or proposed components of the National Wild and Scenic Rivers system.

42 U.S.C. part 300f The Safe Drinking Water Act of 1974-Precludes Federal assistance for any project that the United States Environmental Protection Agency (US EPA) determines may contaminate a sole source aquifer so as to threaten public health.

42 U.S.C. part 6901 The Resource Conservation and Recovery Act-Regulates the generation, transportation, treatment, and disposal of hazardous wastes, and also provides that non-Federal entities give preference in their procurement programs to the purchase of recycled products pursuant to US EPA guidelines at 40 C.F.R. part 247. For more information on this requirement please visit 2 C.F.R. part 200.322, Procurement of recovered materials.

42 U.S.C. part 9601 The Comprehensive Environmental Response, Compensation, and Liability

Act-These requirements address responsibilities related to hazardous substance releases, threatened releases and environmental cleanup. There are also reporting and community involvement requirements designed to ensure disclosure of the release or disposal of regulated substances and cleanup of hazards to state and local emergency responders.

Executive Order No. 13,658, 2014 Establishing a Minimum Wage for Contractors -Establishes a minimum wage requirement for Federal contractors and subcontractors. The Order provides agencies shall, to the extent permitted by law, ensure that new covered contracts, contract-like instruments, and solicitations include a clause, which the contractor and any subcontractors shall incorporate into lower-tier subcontracts, specifying, as a condition of payment, that the minimum wage to be paid to workers, including workers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. part 214(c), in the performance of the contract or any subcontract.

VII. REQUIREMENTS RELATED TO CONSTRUCTION PROJECTS

40 U.S.C. parts 3141-3144, 3146, 3147; 42 U.S.C. part 3212 The Davis-Bacon Act-Requires that all contractors and subcontractors performing construction, alteration and repair (including painting and decorating) work under federal or District of Columbia contracts in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage and fringe benefits for the geographic location. Construction or renovation projects funded by federal funds, in whole or in part, are subject in their entirety to the Davis-Bacon Act as amended 40 U.S.C. parts 276(a) through 276(a-

5). Award recipients are required by law to furnish assurances to the Secretary of Labor that all laborers and mechanics employed by contractors or subcontractors on DOI-supported construction projects shall be paid wages at rates that are not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor.

40 U.S.C. parts 3701-3708 The Contract Work Hours and Safety Standards Act

(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment oflaborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The DOI or the Recipient or

Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the

Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor or subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

(5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the

Contract for all laborers and mechanics, including guards and watchmen, working on the Contract.

Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the DOI and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

54 U.S.C. part 300101 The National Historic Preservation Act of 1966, and the Advisory Council on Historic Preservation Guidelines - Projects involving construction, renovation, repair, rehabilitation, or ground or visual disturbances must comply with 36 C.F.R. part 800 that requires the DOI to consider the effects of projects offered or awarded funding on historic properties and, when applicable, to provide the Advisory Council on Historic Preservation an opportunity to comment on such projects.

42 U.S.C. part 4151 The Architectural Barriers Act of 1968 - Architectural Barriers Act

Accessibility Standards (ABAAS): Effective May 8, 2006, GSA, as the lead access design standard setting agency for DOI and other agencies, approved the use of the Access Board's ABAAS for federal sites, facilities, buildings, and elements. This includes federal facilities where federal assistance was fully or partly used for construction of the specific facility. Since federal agencies are subject to ABAAS, notification of complaints alleging that a facility subject to the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, is not readily accessible to and usable by persons with disabilities must be reported to the United States Access Board pursuant to the requirements of 43 C.F.R. part 17.570.

42 U.S.C. part 4601 The Uniform Relocation Assistance and Real Property Acquisition Policies of

1970, and implementing regulations issued at 49 C.F.R. part 24 ("Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs"), which establish uniform policies for the fair and equitable treatment of persons, businesses, or farm operations affected by the acquisition, rehabilitation, or demolition of real property acquired for a project financed wholly or in part with Federal financial assistance.

42 U.S.C. part 6834 The Energy Conservation and Production Act - Established energy efficiency performance standards for the construction of new residential and commercial structures undertaken with Federal financial assistance.

Executive Order No. 13,858, 2017 Buy American and Hire American - Encourages recipients of new federal awards for construction or infrastructure projects to use iron, aluminum, steel, cement, plastics, PVC pipe, concrete, glass, optical fiber, and lumber manufactured in the United States.

This order expands the types of projects previously covered. It defines infrastructure projects to include those involving aviation, ports, water resources projects, energy production, generation, and storage, electricity transmission, gas, oil, and propane storage and transmission, electric, oil, natural gas, and propane distribution systems, broadband internet, pipelines, storm water and sewer infrastructure, and cybersecurity.